[Congressional Record Volume 155, Number 50 (Tuesday, March 24, 2009)]
[Senate]
[Pages S3680-S3685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL (for herself and Mr. Kerry):
  S. 684. 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; to the Committee on 
Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, 20 years ago today, the tanker Exxon 
Valdez, en route from Valdez, Alaska to Los Angeles, failed to turn 
back into the shipping lane after detouring to avoid ice. At 12:04 am, 
it ran aground on Bligh Reef in Prince William Sound.
  Within 6 hours, the Exxon Valdez spilled 11 million gallons of crude 
oil into the Sound's pristine waters and wrote itself into the history 
books as the worst oil spill ever in U.S. waters. Eventually, oil 
covered 11,000 square miles of ocean.
  The environmental and economic damage is impossible to both fathom 
and assess; countless seabirds, marine mammals, and fish were killed. 
As a result, companies like the Chugach Alaska Corporation went 
bankrupt. There were huge losses to recreational sports, fisheries, and 
tourism. Today, 20 years later, there is still oil in the area.
  But most of all, Exxon Valdez showed us just how unprepared we were. 
Today, this disaster serves as a constant reminder that we cannot allow 
complacency to drive the ship when it comes to protecting our oceans 
from oil spills.
  This is why I rise today--on the anniversary of this catastrophe--to 
introduce the Oil Pollution Prevention and Response Act of 2009.
  This legislation is designed to address some of the events that 
perfectly aligned to make the Exxon Valdez disaster possible. It will 
put mechanisms in place that will work to protect our Nation's 
environment and economy from this kind of devastation, and add another 
layer to our oil spill safety net.
  Because while our oil spill safety net has come a long way since 
1989, it could still be stronger.
  In response to the Exxon Valdez oil spill, Congress passed the Oil 
Pollution Act of 1990 to say once and for all that complacency has no 
place in this country's oil shipping industry. It revolutionized oil 
spill risk management, and demonstrated that prevention, preparedness, 
and response were the key to filling some of the gaps.
  The probability of a major spill has been greatly reduced.
  In my home State of Washington, the Coast Guard's District 13 leads 
the Nation in oil spill prevention and works closely with the State of 
Washington, tribal governments, and industry.
  But while the probability of a spill has decreased, the potential 
impacts are greater than ever, and just one spill could 
catastrophically damage our pristine waterways, ecosystems, and 
economy.
  This is especially true in places like Washington State's Puget 
Sound, where every year, 600 oil tankers and 3,000 oil barges travel 
through the Sound, carrying about 15 billion gallons of oil. Or in a 
place like the Port of Seattle, where port facilities and activities 
support more than 190,000 jobs in the region and generate more than $17 
billion in revenue for businesses.
  Alarmingly, in 2005, the Seattle Post-Intelligencer identified 650 
near-miss incidents, including traffic violations, collisions, and 
groundings that occurred in the Sound between 1985 and 2004.
  Unfortunately, these close calls are not all we have to worry about.
  According to Coast Guard data, although the number of oil spills from 
vessels has decreased enormously since passage of OPA 90, the volume of 
oil spilled nationwide is still significant.
  In 1992, vessels spilled more than 665,000 gallons of oil.
  In 2004, the total was higher, at almost 723,000 gallons.
  In 2004, there were 36 spills from tank ships, 141 spills from 
barges, and 1,562 spills from other vessels, including cargo ships.
  I know that many of my colleagues have examples of their own, as 
there have been recent spills involving significant amounts of oil off 
the coasts of Alaska, Maine, Massachusetts, Oregon, Virginia, Hawaii, 
and Washington.
  In the last 2 years, we have seen oil on the beaches of San Francisco 
and the shores of the Mississippi River in Louisiana.
  We must learn from these incidents, from Exxon Valdez, from every 
close call. We must pass iron-clad policies that show there is no room 
for complacency.
  The Oil Pollution and Prevention and Response Act of 2009 is designed 
to do just that.
  It builds on previous efforts, like the Commerce Committee 
Subcommittee on Fisheries and Coast Guard field hearing I chaired in 
Seattle in 2005. This hearing focused on improving our oil pollution 
prevention and response capabilities, and as a result of the testimony 
from many people during that hearing and conversations with the Coast 
Guard and other stakeholders, I introduced the Oil Pollution Prevention 
and Response Act in March of 2006.

  This bill updates that effort and includes additional provisions to 
reinvigorate our commitment to oil spill prevention and strengthen our 
oil spill safety net.
  This bill will strengthen navigational measures in sensitive areas by 
requiring the identification of natural resources of particular 
ecological or economic importance--such as fisheries, marine 
sanctuaries, and important estuaries. Because if we know where the 
critically important resources are, we can re-route ships away from 
them.
  It will improve the Coast Guard's coordination with State Oil Spill 
Prevention and Response.
  The bill will mandate the Coast Guard to further reduce the risks of 
oil spills from activities that have been put on a back burner in the 
past; such as the potential for a spill when oil is transferred between 
vessels.
  The bill will augment the Coast Guard's vessel inspection manpower.
  It will require the Coast Guard to track and report on instances of 
human error, the most frequent cause of accidental spills.
  This is an important step in the right direction for our Nation's oil 
spill safety net.
  It is a proclamation that we are not going to allow complacency back 
at the wheel, nor are we going to allow politics to get in the way of 
doing what's right.
  Twenty years ago we saw exactly what can happen. Today it is up to us 
to ensure that this country's environment, economy, and people never 
have to witness the aftermath of another Exxon Valdez.
  The truth is, until we move this country away from its dangerous 
dependence on oil and toward a cleaner,

[[Page S3681]]

more affordable, sustainable energy future, oil spills will be 
inevitable. So while we must continue to fight for a new energy future, 
we must also take responsibility and precautions for the symptoms of 
our actions today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 684

       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

[[Page S3682]]

       (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

[[Page S3683]]

     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 
     1600 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.

[[Page S3684]]

       (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.

[[Page S3685]]

       (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.
                                 ______