[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2440 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2440
To provide the Coast Guard and NOAA with additional authorities under
the Oil Pollution Act of 1990, to strengthen the Oil Pollution Act of
1990, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16 (legislative day, March 15), 2006
Ms. Cantwell (for herself, Mr. Lautenberg, Mr. Kerry, and Mr. Wyden)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide the Coast Guard and NOAA with additional authorities under
the Oil Pollution Act of 1990, to strengthen the Oil Pollution Act of
1990, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Pollution Prevention and
Response Act of 2006''.
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. Safety standards for towing vessels.
Sec. 103. Inspections by Coast Guard.
Sec. 104. Oil transfers from vessels.
Sec. 105. Improvements to reduce human error.
Sec. 106. Navigational measures for protection of natural resources.
Sec. 107. Existing areas to be avoided.
Sec. 108. Higher volume port area regulatory definition change.
Sec. 109. Recreational boater outreach program.
Sec. 110. Improved coordination with tribal governments.
Sec. 111. Oil spill advisory council.
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. Reports on certain Oil Spill Liability Trust Fund
expenditures.
Sec. 204. Use of funds.
Sec. 205. Limits on liability.
Sec. 206. Liability for use of unsafe single-hull vessels.
Sec. 207. Rescue tugs.
Sec. 208. International efforts on enforcement.
Sec. 209. 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. 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.
(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.
(10) The existing statutory caps that limit liability for
responsible parties were set in 1990 and have not been modified
since. These liability levels no longer reflect the costs of
oil spills, particularly for barges and large non-tank vessels.
For example, the liability limit for the ATHOS I oil spill was
$45,400,000, but costs could exceed $267,000,000. Similarly,
the liability limit for the SELENDANG AYU spill was $23,800,000
while the actual costs will likely exceed $100,000,000.
(11) It is more cost-effective to prevent oil spills than
it is to clean-up oil once it is released into the environment.
(12) 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.
(13) 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.
(14) 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.
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) Non-tank vessel.--The term ``non-tank vessel'' means a
self-propelled vessel other than a tank vessel.
(3) 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)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating except
where otherwise explicitly stated.
(5) 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)).
(6) 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.
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.); and
(B) for--
(i) automatic identification systems
required under section 70114 of title 46,
United States Code; and
(ii) inspection requirements for towing
vessels required under section 3306(j) of that
title.
(2) Information required.--The Secretary shall include in
the report required by paragraph (1)--
(A) a detailed explanation with respect to each
such rulemaking as to--
(i) what steps have been completed;
(ii) what areas remain to be addressed; and
(iii) the cause of any delays; and
(B) the date by which a final rule may reasonably
be expected to be issued.
(b) Final Rules.--The Secretary shall issue a final rule in each
pending rulemaking under the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.) as soon as practicable, but in no event later than 18 months
after the date of enactment of this Act.
SEC. 102. SAFETY STANDARDS FOR TOWING VESSELS.
In promulgating regulations for towing vessels under chapter 33 of
title 46, United States Code, the Secretary shall--
(1) give priority to completing such regulations for towing
operations involving tank vessels;
(2) ensure that such regulations appropriately address the
risks from such operations, taking into account such factors as
vessel age and hull configuration; and
(3) 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.
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; and
(2) shall include--
(A) requirements for use of equipment such as
putting booms in place for transfers;
(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.
(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; and
(2) does not conflict with, or interfere with the
enforcement of, requirements and operational procedures under
the regulations.
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 and the House of Representatives
Committee on Energy and Commerce that--
(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; and
(3) includes recommendations by the Secretary to address
the identified types of errors and incidents.
(b) Regulations.--Based on the findings contained in the report
required by subsection (a), the Secretary shall promulgate regulations
designed to reduce the risks of oil spills from human errors.
(c) International Measures.--Based on the findings contained in the
report required by subsection (a), the Secretary shall take appropriate
action at the International Maritime Organization to reduce the risk of
oil spills from human error internationally.
SEC. 106. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL RESOURCES.
(a) Designation of At-Risk Areas.--The Secretary and the
Undersecretary 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
Undersecretary 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 Undersecretary 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 Undersecretary 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
of the Coast Guard and in consultation with the Army Corps of
Engineers, shall collect and 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. EXISTING AREAS TO BE AVOIDED.
(a) Enforcement of Existing Areas To Be Avoided Provisions.--The
Secretary and the Under Secretary of Commerce for Oceans and Atmosphere
shall cooperate in tracking compliance by vessels with the conditions
and requirements of areas to be avoided established in United States
waters, and shall enforce compliance with those conditions and
requirements. A violation of those conditions and requirements is
subject to a civil penalty of not more than $100,000, and each day of a
continuing violation constitutes a separate violation.
(b) Olympic Coast Natural Marine Sanctuary Area To Be Avoided.--The
Secretary and the Undersecretary of Commerce for Oceans and Atmosphere
shall--
(1) 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 vessels while engaged in fishing within the area
to be avoided); and
(2) revise the area to be avoided to make the conditions
and requirements for that area to be avoided mandatory,
consistent with international law.
(c) Emergency Drill.--Beginning with 1 year after the date of
enactment of this Act, the Secretary shall conduct, jointly with other
Federal agencies and State, local, and tribal governmental entities,
regular, unannounced emergency drills for responding to an oil spill in
the Olympic Coast National Marine Sanctuary.
(d) RACON Beacons.--The Secretary shall place 1 or more radar
beacons in or near the area to be avoided described in subsection (b)
in sites that maximize warnings to vessels of the boundaries of that
area.
SEC. 108. HIGHER VOLUME PORT REGULATORY DEFINITION CHANGE.
Within 30 days after the date of enactment of this Act,
notwithstanding subchapter 5 of title 5, United States Code, the
Commandant of the Coast Guard shall modify the definition of the term
``higher volume port area'' contained 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.
SEC. 109. RECREATIONAL BOATER OUTREACH PROGRAM.
The Secretary shall establish an outreach program for recreational
boaters and commercial and recreational fishermen to inform them about
ways in which they can assist in reducing the risk of an oil spill or
release. The program shall focus initially on regions in the country
where, in the past 10 years, the incidence of such spills has been the
highest.
SEC. 110. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.
(a) In General.--The Secretary shall take such action as may be
necessary 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, and response.
(b) Inclusion of Tribal Government.--The Secretary shall ensure
that, as soon as practicable after identifying an oil spill that is
likely to have an impact on natural resources owned or 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
response team established by the Coast Guard to respond to the
spill;
(2) share nonconfidential 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 understanding or similar arrangements with tribal
governments in order to establish cooperative arrangements for oil
pollution prevention, preparedness, and response. Such memoranda may
include training for preparedness and response and provisions on
coordination in the event of a spill.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $500,000 for each of fiscal years 2007
through 2011 to be used to execute and implement memoranda of
understanding under this section.
SEC. 111. OIL SPILL ADVISORY COUNCIL.
Section 5002(k) of the Oil Pollution Act of 1990 (33 U.S.C.
2732(k)) is amended by adding at the end the following:
``(4) Washington state program.--
``(A) In general.--For purposes of this paragraph, the oil
spill advisory council established by section 90.56.120 of
title 90 of the Revised Code of Washington is deemed to be an
advisory council established under this section. The provisions
of this section, other than this paragraph, do not apply to
that oil spill advisory council.
``(B) Funding.--The owners or operators of terminal
facilities or crude oil tankers operating in Washington State
waters shall provide, on an annual basis, an aggregate amount
of not more than $1,000,000, as determined by the Secretary.
Such amount--
``(i) shall be made available to the oil spill
advisory council established by section 90.56.120 of
title 90 of the Revised Code of Washington;
``(ii) shall be adjusted annually by the Consumer
Price Index; and
``(iii) may be adjusted periodically upon the
mutual consent of the owners or operators of terminal
facilities or crude oil tankers operating in Washington
State waters and the Council.''.
Subtitle B--National Oceanic and Atmospheric Administration Provisions
SEC. 151. HYDROGRAPHIC SURVEYS.
(a) Reduction of Backlog.--The Undersecretary 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, 2010, the
Undersecretary shall complete new surveys, together with necessary data
processing, analysis, and dissemination, for all areas in United States
coastal areas determined by the Undersecretary to be critical areas.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Undersecretary for the purpose of carrying out the
new surveys required by subsection (b) $68,000,000 for each of fiscal
years 2007 through 2011.
SEC. 152. ELECTRONIC NAVIGATIONAL CHARTS.
(a) In General.--By no later than September 1, 2007, the
Undersecretary 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 Undersecretary 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 Undersecretary for the purpose of completing the
electronic navigation chart suite $6,200,000 for fiscal years 2007 and
2008.
TITLE II--RESPONSE
SEC. 201. RAPID RESPONSE SYSTEM.
The Undersecretary 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; and
(2) is capable of facilitating the analysis of trends and
the comparison of accidents involving oil spills.
SEC. 203. REPORTS ON CERTAIN OIL SPILL LIABILITY TRUST FUND
EXPENDITURES.
(a) Annual Spending Report.--Title I of the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.) is amended by adding at the end the
following:
``SEC. 1021. ANNUAL EXPENDITURE REPORT.
``(a) In General.--No later than March 1 of each year after 2006,
the Secretary shall provide an annual report on spending for the
preceding fiscal year on expenditures from the Oil Spill Liability
Trust Fund established by section 9509 of the Internal Revenue Code of
1986, whether or not subject to annual appropriations, 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 and to
the National Pollution Funds Center, which shall make the report
available to the public on its Internet website.
``(b) Contents.--The report shall include--
``(1) a list of each expenditure of $500,000 or more from
the Fund during the fiscal year to which the report relates;
and
``(2) a description of how each such expenditure related
to--
``(A) oil pollution liability and compensation;
``(B) oil pollution prevention;
``(C) oil pollution preparedness;
``(D) oil spill removal;
``(E) natural resource damage assessment and
restoration;
``(F) oil pollution research and development; or
``(G) other pollution-related activities.
``(c) Agency Reports.--Each Federal agency that receives
appropriated funds for use from the Fund shall--
``(1) maintain records of the purposes for which such funds
were obligated or expended in such detail as the Secretary may
require for purposes of the report required by subsection (a);
and
``(2) transmit the information contained in such records to
the Secretary at such time, in such form, and in such detail as
the Secretary may require for purposes of that report,
including a breakdown of expenditures described in subsection
(b)(1) and a description of the use of such expenditures in
accordance with subsection (b)(2).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.''.
(b) Audit Cooperation.--Section 1012(g) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(g)) is amended by striking the last sentence and
inserting the following: ``Each Federal agency that receives
appropriated funds for use from the Fund shall cooperate with, and
provide requested documentation to, the Comptroller General in carrying
out this subsection and the Secretary in carrying out section 1021.''.
(c) 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.).
(d) Conforming Amendment.--Section 2 of the Oil Pollution Act of
1990 (33 U.S.C. 2701 note) is amended by inserting after the item
relating to section 1020 the following:
``Sec. 1021. Annual expenditure report.''.
SEC. 204. USE OF FUNDS.
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 $25,000,000 in each fiscal year
shall be available to the Secretary of Commerce for
expenses incurred by, and activities related to,
response and damage assessment capabilities of the
National Oceanic and Atmospheric Administration;''.
SEC. 205. LIMITS ON LIABILITY.
(a) Increase of Liability Limits.--Within 6 months after the date
of enactment of this Act, the Secretary, acting through the Commandant
of the Coast Guard, shall by regulation revise the limits of liability
specified in section 1004(a) of that Act (33 U.S.C. 2704(a)) as
follows:
(1) For a tank vessel under paragraph (1)--
(A) by substituting ``$2,400'' for ``$1,200'' in
subparagraph (A);
(B) by substituting ``$20,000,000'' for
``$10,000,000'' in subparagraph (B)(i); and
(C) by substituting ``$6,000,000'' for
``$2,000,000'' in subparagraph (B)(ii).
(2) For other vessels under paragraph (2)--
(A) by substituting ``$1,800'' for ``$600''; and
(B) by substituting ``$1,000,000'' for
``$500,000''.
(3) For offshore facilities other than deepwater ports, by
substituting ``$150,000,000'' for ``$75,000,000'' in paragraph
(3).
(b) Inflation Adjustment.--Section 1004(d)(4) of the Oil Pollution
Act of 1990 (33 U.S.C. 2704(d)(4)) is amended by striking
``significant''.
(c) 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. 206. 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. 207. RESCUE TUGS.
Paragraph (5) of 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:
``(J) Rescue tugs.--
``(i) In general.--The Secretary shall require the
stationing of a rescue tug in the entry to the Strait of Juan
de Fuca near Neah Bay and other areas designated by the
Secretary as areas where the risk of oil spill and the
remoteness of the area warrants. In selecting such areas for
designation, the Secretary shall consider the frequency of
transits by vessels required to prepare a response plan under
this paragraph, weather conditions, distance to existing
Federally required response equipment and vessels, and other
relevant criteria.
``(ii) Shared resources.--The Secretary may authorize
compliance with the rescue tug stationing requirement of
paragraph (1) through joint or shared resources between or
among entities to which this subsection applies.
``(iii) State requirements.--Nothing in this subparagraph
preempts the authority of any State to require the stationing
of rescue tugs in any area under State law or regulations.''.
SEC. 208. 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. 209. 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 Undersecretary 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 Undersecretary, 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, corporate entities;
(B) assesses the current status of knowledge on oil
pollution prevention, response, and mitigation
technologies;
(C) establishes national research priorities and
goals for oil pollution technology development related
to prevention, response, mitigation, and environmental
effects;
(D) identifies regional oil pollution research
needs and priorities for a coordinated program of
research at the regional level developed in
consultation with the State and local governments,
tribes;
(E) assesses the current state of spill response
equipment, and determines areas in need of improvement
including amount, age, quality, effectiveness, or
necessary technological improvements;
(F) assesses the current state of real time data
available to mariners, including water level, currents
and weather information and predictions, and assesses
whether lack of timely information increases the risk
of oil spills; and
(G) includes such recommendations as the Committee
deems appropriate.
(2) Quinquennial updates.--The Committee shall submit a
report every fifth year after its first report under paragraph
(1) updating the information contained in its previous report
under this subsection.
(e) Advice and Guidance.--The Committee shall accept comments and
input from State and local governments, Indian tribes, industry
representatives, and other stakeholders.
(f) National Academy of Science Participation.--The Chairman,
through the National Oceanic and Atmospheric Administration, shall
contract with the National Academy of Sciences to--
(1) provide advice and guidance in the preparation and
development of the research plan; and
(2) assess the adequacy of the plan as submitted, and
submit a report to Congress on the conclusions of such
assessment.
(g) Research and Development Program.--
(1) In general.--The Committee shall establish a program
for conducting oil pollution research and development. Within
180 days after submitting its report to the Congress under
subsection (c), 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 Undersecretary 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 Undersecretary--
(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 2007, 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 2007, 2008, and
2009, 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 Secretary of Homeland Security shall, by
regulation, establish a grant program for the development of cost-
effective technologies for detecting discharges of oil from vessels
including infrared, pressure sensors, and remote sensing.
(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 Secretary to carry out this section $5,000,000 for
each of fiscal years 2007, 2008, and 2009, to remain available until
expended.
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 event.
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