[Congressional Record Volume 142, Number 116 (Thursday, August 1, 1996)]
[Senate]
[Pages S9428-S9432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. BREAUX:
  S. 2009. A bill to amend the Oil Pollution Act of 1990, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


                The Oil Pollution Act Amendments of 1996

 Mr. BREAUX. Mr. President, I introduce legislation to improve 
marine safety in the transportation of oil and petroleum products and 
to enhance the safety of our waterway navigational systems. It has been 
over 7 years since the Senate approved legislation addressing a 
comprehensive program regulating the transportation of oil and 
petroleum products, and mandating a system of responding to oilspills. 
Since the enactment of the Oil Pollution Act of 1990, there has been a 
marked improvement in the safety of maritime transportation of oil. 
According to a recent study, after 1990, the volume of oil pollution 
from maritime sources in U.S. waters dropped precipitously, and has 
been reduced by over 75 percent. In addition, there has been a 
decreasing number of large volume oilspills. For instance, in the 5-
year period between 1986 and the end of 1990, there were an average of 
25 major and medium oilspills per year, however, since 1990, the 
average number of large and medium spills decreased 33 percent to 
approximately 16 per year. Despite these increases in safety there are 
other steps that can be taken to improve safety, and the bill I am 
introducing today will continue the improvement of the safe 
transportation of oil and other petroleum products.
  During consideration of the Oil Pollution Act, the Senate Commerce 
Committee held four hearings on the six different bills that were 
referred to the Commerce Committee. The end Senate legislative product 
incorporated the Commerce Committee's provisions on: The operations of 
oil tankers, enhanced Coast Guard authority to regulate the conduct of 
oil tankers and merchant marine personnel, requirements on Vessel 
Traffic Services [VTS] systems, marine oil transportation-related 
research, and oilspill contingency response plans as they pertain to 
vessels and offshore facilities. The Senate bill also included the 
Committee on Environment and Public Works provisions creating the Oil 
Spill Liability Trust Fund, increasing liability limits, and oilspill 
contingency response planning as it pertains to onshore facililities.
  I am introducing this legislation today to build on the Commerce 
Committee marine safety improvements that were incorporated into the 
Oil Pollution Act of 1990. Title I of the bill would require the Coast 
Guard to finalize regulations on operational measures required for 
single-hull tankers, add certain new safety requirements for the tug-
barge industry, and mandate a minimum underkeel clearance level for 
tank vessels. The bill also would create incentives to induce vessel 
operators to switch from single hulled vessels to double-hulled vessels 
in advance of their mandated phase out. The bill simplifies the 
procedures for resolution of oilspill claims, and allows vessel 
operators to consolidate all claims in one Federal proceeding.
  Title II of the bill will provide the National Oceanic and 
Atmospheric Administration [NOAA] with the authority to allow emergency 
regulations for fishing grounds closures to respond to health 
emergencies and oilspills. The bill would also require NOAA to provide 
scientific support on oilspill information. Also included in title II 
are provisions which would authorize a grant program to establish a 
nonregulatory program for reducing the risk of oilspills, and authorize 
NOAA to

[[Page S9429]]

use the Oil Spill Liability Trust Fund for nautical charting. We are 
facing a critical juncture in the modernization of nautical charts, the 
United States has a responsibility to provide marine nautical chart 
users with accurate charts, and this provision would help NOAA to 
provide the shipping public with the most up-to-date navigational 
information. This provision also includes the authority to utilize 
private contractors to accomplish nautical charting objectives, and 
transfers the aeronautical charting responsibilities to the Federal 
Aviation Administration.
  Title III of the bill modernizes the regulations governing deepwater 
ports. When the Deepwater Port Act was enacted in 1974, it was 
projected that there would be numerous deepwater port facilities. In 
fact, there is only one deepwater port in existence today. The 
provisions of this title will help modernize the regulations, and 
conform the existing regulations to the realities of deepwater port 
operation.
  Mr. President, I look forward to continuing the effort to upgrade the 
safety of marine operations in the navigable waterways of the United 
States, and I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2009

       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 Act Amendments 
     of 1996''.

                 TITLE I--OIL POLLUTION ACT AMENDMENTS

     SEC. 101. COMPLETION OF FINAL REGULATIONS UNDER SECTION 
                   4115(b).

       The Secretary of the department in which the Coast Guard is 
     operating shall issue a final rule under Section 4115(b) of 
     the Oil Pollution Act of 1990 (46 U.S.C. 3703a note) with 
     respect to operations elements not later than September 30, 
     1996.

     SEC. 102. TOWING VESSEL SAFETY.

       (a) Single Hull Barge Requirements.--
       (1) Prevention measures.--Subtitle I of title IV of the Oil 
     Pollution Act of 1990 (46 U.S.C. 3703a note), as amended by 
     adding at the end the following:

     ``SEC. 4119. SINGLE HULL BARGE REQUIREMENTS.

       ``The Secretary shall issue rules to require 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:
       ``(1) a crew member on board and an operable anchor;
       ``(2) an emergency system on board the vessel towing the 
     barge to retrieve the barge if the tow line ruptures; or
       ``(3) any other measure that provides comparable protection 
     against grounding of the barge as that provided by a measure 
     described in paragraph (1) or (2).

     ``SEC. 4120. MINIMUM UNDER-KEEL CLEARANCES FOR TANK VESSELS.

       ``The captain of the port for each port in which any tank 
     vessel operates shall establish, in consultation with local 
     marine transportation industry officials, a minimum under-
     keel clearance for the vessel when entering the port or place 
     of destination and when departing port, taking into account 
     local navigational considerations.''.
       (2) Clerical amendment.--Section 2 of the Oil Pollution Act 
     of 1990 is amended by adding at the end of the table of 
     sections for subtitle I of title IV the following items:

``Sec. 4119. Single hull barge requirements.
``Sec. 4220. Minimum under-keel clearances for tank vessels.''.

       (b) Requirement for Fire Suppression Devices.--Section 4102 
     of title 46, United States Code, is amended by adding at the 
     end the following:
       ``(f)(1) The Secretary--
       ``(A) in consultation with the Towing Safety Advisory 
     Committee; and
       ``(B) taking into consideration the characteristics, 
     methods of operation, and nature of the service of towering 
     vessels,

     may require, to the extent appropriate, the installation, 
     maintenance, and use of a fire suppression system or other 
     equipment to provide adequate assurance that an onboard fire 
     can be suppressed under reasonably foreseeable 
     circumstances.''.

     SEC. 103. REPORTS.

       (a) Study on Lightering Regulations.--Within 12 months 
     after the date of enactment of this Act, the Secretary of 
     Transportation shall review existing requirements for 
     lightering operations in the United States Exclusive Economic 
     Zone to ensure the safe transfer of oil at sea while imposing 
     no undue economic burdens, as compared to accepted 
     international standards, on tank vessels transporting oil to 
     or from the United States and report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (b) Study on Tanker Lanes.--The Secretary of Transportation 
     shall coordinate with the Marine Board of the National 
     Research Council on a study of 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. The Marine Board shall recommend to the Secretary 
     any changes to designations of waters that would reduce 
     the risk of oil spills to a minimum level of risk, and 
     report its recommendations to the Committee on Commerce, 
     Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the 
     House of Representatives.

     SEC. 104. CASUALTY REPORTING REQUIREMENTS.

       (a) Submission of Plan.--Not later than one year after 
     enactment of this Act, the Secretary of Transportation shall, 
     in consultation with appropriate State agencies, submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a plan to increase 
     reporting of vessel accidents to appropriate State law 
     enforcement officials.
       (b) Penalties for Violating Reporting Requirements.--
     Section 6103(a) of title 46, United States Code, is amended 
     by inserting ``or 6102'' after ``6101'' Code, is amended by 
     inserting ``or 6102'' after ``6101'' the second place it 
     appears.

     SEC. 105. DOUBLE HULL INCENTIVES.

       (a) Secured Lenders and Certain Owners.--Paragraph (26) of 
     section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2710) is amended by striking ``the vessel,'' and inserting 
     ``the vessel, but does not include (i) a person having a 
     security interest in, or security title to, any vessel under 
     a contract of conditional sale, equipment trust, chattel or 
     corporate mortgage, or other instrument of similar nature, 
     nor (ii) a lessor or charterer of any vessel under a bona 
     fide lease or demise charter, unless such person, lessor, or 
     charterer has actual possession or control, or participates 
     in the management, of the vessel at the time of a discharge 
     of oil,''.
       (b) Application Limited to Single Hull Tankers and Double 
     Hull Tank Vessels More Than 20 Years Old.--Subsection (c) of 
     section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2704) is amended by adding at the end the following:
       ``(4) Application limited.--Subparagraph (B) of paragraph 
     (1) of this subsection applies only to--
       ``(A) single hull tank vessels; and
       ``(B) double hull tank vessels more than 20 years of 
     age.''.

     SEC 106. CONCURSUS.

       Section 1017(c) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2717(c)) is amended by striking subsection (c) and inserting 
     the following:
       ``(c) Procedure.--
       ``(1) The responsible party or guarantor may, within 6 
     months after a claimant shall have presented a claim under 
     section 1013 for costs or damages under section 1002, file a 
     petition in the appropriate United States District Court for 
     limitation of, or exoneration from, liability pursuant to 
     sections 1003 or 1004 of this Act. After an action is 
     commenced under this paragraph in a court, that court shall 
     retain jurisdiction over the actions without regard to 
     whether the requested relief is granted. The responsible 
     party or its guarantor shall demonstrate to the court 
     evidence of financial responsibility approved by the 
     Secretary, as required by section 1016.
       ``(2) Upon compliance with the requirements of paragraph 
     (1), all claims and proceedings, other than claims presented 
     to the responsible party under section 1013(a), shall cease, 
     and, upon application of the responsible party, the District 
     Court shall enjoin the further prosecution of any action or 
     proceeding in any State or United States court against the 
     vessel, responsible party, guarantor, or their property with 
     respect to any claim arising under this Act. The court shall 
     issue a notice to all persons asserting claims with respect 
     to which the complaint seeks limitation or exoneration, 
     requiring them to present their respective claims upon the 
     responsible party pursuant to section 1013(a). If a claim is 
     not settled by the responsible party or guarantor as provided 
     in section 1013(c), then those persons may file their 
     respective claims with the clerk of the court within such 
     time and in such manner as the court may direct.
       ``(3) Nothing in this section shall preclude a person from 
     filing a concurrent limitation action under section 4203 of 
     the Revised Statutes of the United States (46 U.S.C. App. 
     183), commonly known as the Limited Liability Act.''.

     SEC. 107. IN REM JURISDICTION.

       Section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2702) is amended by adding at the end the following:
       ``(e) In Rem Jurisdiction.--A vessel that discharges or 
     poses a substantial threat of a discharge of oil, within the 
     meaning of subsection (a) of this section, shall be liable 
     for the removal costs and damages specified in subsection (b) 
     that result from the incident. The costs and damages shall 
     constitute a maritime lien on the vessel and may be recovered 
     in an action in rem in the district court of the United 
     States for any district within which the vessel is 
     found.''.

     SEC. 108. LIMITED DOUBLE HULL EXEMPTIONS.

       (a) In General.--The double hull construction requirements 
     of section 3703a of title 46, United States Code, do not 
     apply to--

[[Page S9430]]

       (1) a vessel documented under chapter 121 of title 46, 
     United States Code, that was equipped with a double hull 
     before August 12, 1992;
       (2) a barge of less than 1,500 gross tons carrying refined 
     petroleum product in bulk as cargo in or adjacent to waters 
     of the Bering Sea, Chukchi Sea, and Arctic Ocean and waters 
     tributary thereto and in the waters of the Aleutian Islands 
     and the Alaskan Peninsula west of 155 degrees west longitude; 
     or
       (3) a vessel in the National Defense Reserve Fleet pursuant 
     to section 11 of the Merchant Ship Sales Act of 1946 (50 
     U.S.C. App. 1744).
       (b) Authority of the Secretary of Transportation.--
       (1) Operation of barges in other waters.--The operation of 
     barges described in subsection (a)(2) outside waters 
     described in that subsection shall be on such conditions as 
     the Secretary of Transportation may require.
       (2) No effect on other authority of the secretary.--Except 
     as provided in subsection (a), nothing in this section 
     affects the authority of the Secretary of Transportation to 
     regulate the construction, operation, or manning of barges 
     and vessels in accordance with applicable laws and 
     regulations.
       (c) Barge Defined.--For purposes of this section, the term 
     ``barge'' has the meaning given that term in section 2101 of 
     title 46, United States Code.

     SEC. 109. OIL SPILL RESPONSE VESSELS.

       (a) Description.--Section 2101 of title 46, United States 
     Code, is amended--
       (1) by redesignating paragraph (20a) as (20b); and
       (2) by inserting after paragraph (20) the following new 
     paragraph:
       ``(20a) `oil spill response vessel' means a vessel that is 
     designated in its certificate of inspection as such a vessel, 
     or that is adapted to respond to a discharge of oil or a 
     hazardous material.''.
       (b) Exemption From Liquid Bulk Carriage Requirements.--
     Section 3702 of title 46, United States Code, is amended by 
     adding at the end thereof the following:
       ``(f) This chapter does not apply to an oil spill response 
     vessel if--
       ``(1) the vessel is used only in response-related 
     activities; or
       ``(2) the vessel is--
       ``(A) not more than 500 gross tons;
       ``(B) designated in its certificate of inspection as an oil 
     spill response vessel; and
       ``(C) engaged in response-related activities.''.
       (c) Manning.--Section 8104(p) of title 46, United States 
     Code, is amended to read as follows:
       ``(p) The Secretary may prescribe the watchstanding and 
     work hours requirements for an oil spill response vessel.''.
       (d) Minimum Number of Licensed Individuals.--Section 
     8301(e) of title 46, United States Code, is amended to read 
     as follows:
       ``(e) The Secretary may prescribe the minimum number of 
     licensed individuals for an oil spill response vessel.''.
       (e) Merchant Mariner Document Requirements.--Section 
     8701(a) of title 46, United States Code, is amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (7),
       (2) by striking the period at the end of paragraph (8) and 
     inserting a semicolon and ``and''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(9) the Secretary may prescribe the individuals required 
     to hold a merchant mariner's document serving onboard an oil 
     spill response vessel.''.
       (f) Exemption From Towing Vessel Requirement.--Section 8905 
     of title 46, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(c) Section 8904 of this title does not apply to an oil 
     spill response vessel while engaged in oil spill response or 
     training activities.''.
       (g) Inspection Requirement.--Section 3301 of title 46, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(14) oil spill response vessels.''.

   TITLE II--MARINE SCIENCE ENHANCEMENT FOR OIL SPILL PREVENTION AND 
                                RESPONSE

     SEC. 201. OPENING AND CLOSING OF FISHING GROUNDS.

       Section 305(c) of the Magnuson Fishery Conservation and 
     Management Act (16 U.S.C. 1855(c)) is amended by striking 
     paragraph (3) and by inserting the following after paragraph 
     (2):
       ``(3) Any emergency regulation which changes an existing 
     fishery management plan shall be treated as an amendment to 
     such plan for the period in which such regulation is in 
     effect. Any emergency regulation promulgated under this 
     subsection--
       ``(A) shall be published in the Federal Register together 
     with the reasons therefor;
       ``(B) shall, except as provided in subparagraph (C), remain 
     in effect for not more than 180 days after the date of 
     publication, and may be extended by publication in the 
     Federal Register for an additional period of not more than 
     180 days, provided the public has had an opportunity to 
     comment on the emergency regulation, and, in the case of a 
     Council recommendation for emergency regulations, the Council 
     is actively preparing a fishery management plan, amendment, 
     or proposed regulations to address the emergency on a 
     permanent basis;
       ``(C) that responds to a public health emergency or an oil 
     spill may remain in effect until the circumstances that 
     created the emergency no longer exist, provided that the 
     public has an opportunity to comment after the regulation is 
     published and, in the case of a public health emergency, the 
     Secretary of Health and Human Services concurs with the 
     Secretary's action; and
       ``(D) may be terminated by the Secretary at an earlier date 
     by publication in the Federal Register of a notice of 
     termination, except for emergency regulations promulgated 
     under paragraph (2) in which case such early termination may 
     be made only upon the agreement of the Secretary and the 
     Council concerned.''.

     SEC. 202. NOAA SCIENTIFIC SUPPORT.

       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 the Oil Pollution Act Amendments of 
     1996, the Under Secretary of Commerce for Oceans and 
     Atmosphere shall establish and maintain a scientific 
     support team to respond, as required, to oil spills 
     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 Federal On-Scene Coordinator, 
     primarily in coastal and navigable waters, and to recommend 
     any measures that will serve to mitigate adverse ecological 
     impact as a consequence of the spill.
       ``(C) Participation by scientists with expertise.--The 
     scientific support team--
       ``(i) shall be compromised of scientists who are experts in 
     the trajectories of oil spills and hazardous material 
     releases, oil and hazardous material behavior and 
     transportation, environmental impacts, and recovery from 
     spills, releases, and related removal actions, environmental 
     trade-off analyses, environmental aspects of contingency 
     planning, and association management tools; and
       ``(ii) may include local or regional scientists identified 
     in the area contingency plan with expertise which would help 
     ensure a more effective response.''.

     SEC 203. ACCESS TO USEFUL AND NECESSARY INFORMATION.

       (A) Establishment of Information Clearinghouse.--Section 
     7001(a) the Oil Pollution Act of 1990 (33 U.S.C. 2761(a)) is 
     amended--
       (1) by striking ``may designate'' at the end of paragraph 
     (3) and all that follows through ``representative'' and 
     inserting ``may designate. A representative''; and
       (2) 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.''.
       (b) Requirement That National Response Units Maintain 
     Information on Environmental Effects of Oil Spills.--Section 
     311(j) of the Federal Water Pollution Control Act (33 U.S.C. 
     1321(j)) is amended by adding at the end the following:
       ``(9) The Under Secretary of Commerce and the Secretary of 
     the Interior, through the United States Fish and Wildlife 
     Service, in coordination with appropriate agencies, shall 
     maintain and update a body of information on the 
     environmental effects of various types of oil spills an 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. 204. NOAA PROGRAM TO REDUCE OIL SPILL RISK AND IMPROVE 
                   NAVIGATION SAFETY.

       (a) Reduction of Oil Spill Risk--
       (1) In general.--The Administrator of the National Oceanic 
     and Atmospheric Administration shall establish a cost-
     effective, non-regulatory program to reduce the risk of oil 
     spills through improving navigation safety, promote prompt 
     and effective response and remediation when oil spills occur, 
     enhance recovery and restoration efforts, and advance other 
     purposes of this Act. Such a program shall--
       (A) focus on particular geographic areas at risk from 
     spills of oil or hazardous materials;
       (B) collaborate closely with local maritime commerce and 
     coastal management interests, including private industry, 
     local, state, and federal agencies, and other appropriate 
     institutions;
       (C) include a matching grant program to provide initial 
     funding for local forums comprised of maritime commerce and 
     coastal management interests to advance navigation safety and 
     other oil or hazardous materials spill prevention activities, 
     to improve response and remediation, and to enhance the 
     restoration of coastal zone resources. Grants made under this 
     section shall be matched with 25 percent nonfederal funds in 
     the first two years of the program, and 50 percent 
     thereafter;
       (D) promote efficiencies by involving, to the extent 
     appropriate and practical, capabilities offered by National 
     Oceanic and Atmospheric Administration and other federal and 
     state programs that could further the purposes of this 
     section; and
       (E) meet multiple navigation or coastal management needs to 
     the extent practicable.
       (2) Local or regional elements.--Local or regional elements 
     for this program shall be developed in consultation with 
     local maritime commerce and coastal management communities. 
     Program elements may include, but are not limited to--
       (A) local forums to promote safe navigation, effective oil 
     spill or hazardous material

[[Page S9431]]

     spill response and remediation, restoration, and related 
     coastal management activities;
       (B) Physical Oceanographic Real Time Systems and other 
     technologies that further safe navigation and oil and 
     hazardous materials spill response and restoration, and other 
     coastal management activities;
       (C) research and development on means to improve the safety 
     of oil transport, the efficacy of oil and hazardous materials 
     spill response, remediation techniques, and restoration 
     practices;
       (D) activities to improve the delivery of navigation, 
     weather, vessel traffic, and other information required for 
     safe navigation;
       (E) providing information collected pursuant to the 
     National Oceanographic and Atmospheric Administration's 
     navigation and positioning responsibilities in formats useful 
     in oil spill response, remediation, and restoration 
     activities; and
       (F) other activities as appropriate consistent with the 
     purposes of this Act, the Coastal Zone Management Act of 1972 
     and the National Ocean Service navigation and positioning and 
     coastal management authorities.
       (3) Implementation.--The Administrator shall phase the 
     implementation of this program by region such that it is 
     operating nationally within 5 years of the date of the 
     enactment of this Act.
       (4) Authorization.--For purposes of this subsection, there 
     is authorized to be appropriated $2,000,000 in the first 
     year, $3,000,000 in the second year, and $5,000,000 for each 
     succeeding fiscal year.

     SEC. 205. NOAA MARINE SERVICES MODERNIZATION.

       (a) In General.--For the purposes of modernizing the 
     Administration's services that support safe and efficient 
     maritime navigation, and accelerating the public availability 
     of improved navigation services and products, the 
     Administrator is authorized to withdraw from the Oil Spill 
     Liability Trust Fund established by the Oil Pollution Act of 
     1990 an amount not to exceed $15,000,000 per year to remain 
     available until expended, for each of 10 fiscal years 
     commencing with the first fiscal year after the enactment of 
     this provision.
       (b) Use of Funds.--Funds available to the Administration 
     pursuant to subsection (a) shall be used exclusively to pay 
     the costs of enabling, modernizing, enhancing, or expanding 
     the capabilities of the Administration to conduct, either 
     directly or by contract, programs and activities related to 
     commercial marine navigation, including--
       (1) the nautical charting program;
       (2) marine tides and circulation programs;
       (3) charting survey ship support, including support 
     provided by private contractors; and
       (4) marine weather services applicable to commercial 
     navigation safety in the waters of the United States.
       (c) Charting Survey Ship Support.--The Administration shall 
     obtain charting survey ship support from private sector 
     contractors to the maximum extent feasible consistent with--
       (1) maintaining quality control over navigation products 
     and services to protect the public interest in navigation 
     safety and prevention of maritime accidents, and to protect 
     the United States from liability for gaining to ensure such 
     quality control; and
       (2) maintaining within the Administration the scientific 
     and technical capabilities necessary to perform, or oversee 
     contractor performance of, all aspects of the development of 
     marine navigation products and services.
       (d) Transfer of Aeronautical Charting.--
       (1) In general.--The following functions are transferred 
     from the National Oceanic and Atmospheric Administration to 
     the Federal Aviation Administration:
       (A) The functions vested in the Secretary of Commerce by 
     sections 1 and 2 of the Act of August 6, 1947 (33 U.S.C. 883a 
     and 883b) relating to aeronautical surveys for the purposes 
     of aeronautical charting and the compilation, printing, and 
     distribution of aeronautical charts.
       (B) The functions vested in the Secretary of Commerce by 
     section 1307 of title 44, United States Code, relating to 
     establishment of prices at which aeronautical charts and 
     related products may be sold.
       (C) So much of the functions of the Secretary of Commerce 
     and the Department of Commerce as is incidental to or 
     necessary for the performance by, or under, the Administrator 
     of the Federal Aviation Administration of the functions 
     transferred by this subsection or that relate primarily to 
     those functions.
       (2) Incidental transfers.--
       (A) So much of the personnel, property, records, and 
     unexpended balances of appropriations, allocations, and other 
     funds employed, used, held, available, or to be made 
     available in connection with the functions transferred to the 
     Administrator of the Federal Aviation Administration by this 
     section as the Director of the Office of Management and 
     Budget shall determine shall be transferred to the Federal 
     Aviation Administration at such time as the Director shall 
     direct.
       (B) Such other measures as the Director of the Office of 
     Management and Budget determines to be necessary in order to 
     effectuate the transfers described in paragraph (1) of this 
     subsection shall be carried out in such manner as the 
     Director shall direct.
       (3) Effective date.--The transfers made by this subsection 
     shall be completed not later than September 30, 1998.

                TITLE III--DEEPWATER PORT MODERNIZATION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Deepwater Port 
     Modernization Act''.

     SEC. 302. DECLARATIONS OF PURPOSE AND POLICY.

       (a) Purposes.--The purposes of this title are to--
       (1) update and improve the Deepwater Port Act of 1974;
       (2) assure that the regulation of deepwater ports is not 
     more burdensome or stringent than necessary in comparison to 
     the regulation of other modes of importing or transporting 
     oil;
       (3) recognize that deepwater ports are generally subject to 
     effective competition from alternative transportation modes 
     and eliminate, for as long as a port remains subject to 
     effective competition, unnecessary Federal regulatory 
     oversight or involvement in the ports' business and economic 
     decisions; and
       (4) promote innovation, flexibility, and efficiency in the 
     management and operation of deepwater ports by removing or 
     reducing any duplicative, unnecessary, or overly burdensome 
     Federal regulations or license provisions.
       (b) Policy.--Section 2(a) of the Deepwater Port Act of 1974 
     (33 U.S.C. 1501(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting a semicolon; and
       (3) by inserting at the end the following;
       ``(5) promote the construction and operation of deepwater 
     ports as a safe and effective means of importing oil into the 
     United States and transporting oil from the outer continental 
     shelf while minimizing tanker traffic and the risks attendant 
     thereto; and
       ``(6) promote oil production on the outer continental shelf 
     by affording an economic and safe means of transportation of 
     outer continental shelf oil to the United States mainland.''.

     SEC. 303. DEFINITIONS.

       (a) Antitrust Laws.--Section 3 of the Deepwater Port Act of 
     1974 (33 U.S.C. 1502) is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraphs (4) through (19) as 
     paragraphs (3) through (18), respectively.
       (b) Deepwater Port.--The first sentence of section 3(9) of 
     such Act, as redesignated by subsection (a), is amended by 
     striking ``such structures,'' and all that follows through 
     ``section 23.'' and inserting the following; ``structures, 
     located beyond the territorial sea and off the coast of the 
     United States and which are used or intended for use as a 
     port or terminal for the transportation, storage, and further 
     handling of oil for transportation to any State, except as 
     otherwise provided in section 23, and for other uses not 
     inconsistent with the purposes of this Act, including 
     transportation of oil from the United States, outer 
     continental shelf.''.

     SEC. 304. LICENSES.

       (a) Elimination of Utilization Restrictions.--Section 4(a) 
     of the Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is 
     amended by striking the last sentence.
       (b) Elimination of Precondition to Licensing.--Section 4(c) 
     of such Act (33 U.S.C. 1503(c)) is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraphs (8), (9), and (10) as 
     paragraphs (7), (8), and (9), respectively.
       (c) Conditions Prescribed by Secretary.--Section 4(e)(1) of 
     such Act (33 U.S.C. 1503(e)) is amended by striking the first 
     sentence and inserting the following: ``In issuing a license 
     for the ownership, construction, and operation of a deepwater 
     port, the Secretary shall prescribe those conditions which 
     the Secretary deems necessary to carry out the provisions and 
     requirements of this Act or which are otherwise required by 
     any Federal department or agency pursuant to the terms of 
     this Act. To the extent practicable, conditions required to 
     carry out the provisions and requirements of this Act shall 
     be addressed in license conditions rather than by regulation 
     and, to the extent practicable, the license shall allow a 
     deepwater port's operating procedures to be stated in an 
     operations manual, approved by the Coast Guard, in accordance 
     with section 10(a) of this Act, rather than in detailed and 
     specific license conditions or regulations; except that basic 
     standards and conditions shall be addressed in 
     regulations.''.
       (d) Elimination of Restriction on Transfers.--Section 
     4(e)(2) of such Act (33 U.S.C. 1503(e)(2)) is amended by 
     striking ``application'' and inserting ``license''.
       (e) Findings Required for Transfers.--Section 4(f) of such 
     Act (33 U.S.C. 1503(f)) is amended to read as follows:
       ``(f) Amendments, Transfers, and Reinstatements.--The 
     Secretary may amend, transfer, or reinstate a license issued 
     under this Act if the Secretary finds that the amendment, 
     transfer, or reinstatement is consistent with the 
     requirements of this Act.''.

     SEC. 305. INFORMATIONAL FILINGS.

       Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 
     1504(c)) is amended by adding the following:
       ``(3) Upon written request of any person subject to this 
     subsection, the Secretary may make a determination in writing 
     to exempt such person from any of the informational filing 
     provisions enumerated in this subsection or the regulations 
     implementing this section if the Secretary determines that

[[Page S9432]]

     such information is not necessary to facilitate the 
     Secretary's determinations under section 4 of this Act and 
     that such exemption will not limit public review and 
     evaluation of the deepwater port project.''.

     SEC. 306. ANTITRUST REVIEW.

       Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 
     1506) is repealed.

     SEC. 7. OPERATION.

       (a) As Common Carrier.--Section 8(a) of the Deepwater Port 
     Act of 1974 (33 U.S.C. 1507(a)) is amended by inserting after 
     ``subtitle IV of title 49, United States Code,'' the 
     following: ``and shall accept, transport, or convey without 
     discrimination all oil delivered to the deepwater port with 
     respect to which its licensed is issued,''.
       (b) Conforming Amendment.--Section 8(b) of such Act is 
     amended by striking the first sentence and the first 3 words 
     of the second sentence and inserting the following: ``A 
     licensee is not discriminating under this section and''.

     SEC. 308. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL 
                   SAFETY.

       Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 
     1509(a)) is amended--
       (1) by inserting after ``international law'' the following: 
     ``and the provision of adequate opportunities for public 
     involvement''; and
       (2) by striking ``shall prescribe by regulation and enforce 
     procedures with respect to any deepwater port, including, but 
     not limited to,'' and inserting the following: ``shall 
     prescribe and enforce procedures, either by regulation (for 
     basic standards and conditions) or by the licensee's 
     operations manual, with respect to''.
                                 ______