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[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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