II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Oil Pollution Preven5 tion and Response Act of 2006’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 


hmoore on PROD1PC68 with HMBILLS
2 

•S 2440 IS 

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. 

1 SEC. 3. FINDINGS. 

2 The Congress finds the following: 


hmoore on PROD1PC68 with HMBILLS
3 

•S 2440 IS 

1 (1) Oil released into the Nation’s marine waters 

2 can cause substantial, and in some cases irreparable, 

3 harm to the marine environment. 

4 (2) The economic impact of oil spills is substan5 tial. Billions of dollars have been spent in the United 

6 States for cleanup of, and damages due to, oil spills. 

7 (3) The Oil Pollution Act of 1990, enacted in 

8 response to the worst vessel oil spill in United States 

9 history, substantially reduced the amount of oil spills 

10 from vessels. However, significant volumes of oil 

11 continue to be released, and the potential for a 

12 major spill remains unacceptably high. 

13 (4) Although the total number of oil spills from 

14 vessels has decreased since passage of the Oil Pollu15 tion Act of 1990, more oil was spilled in 2004 from 

16 vessels nationwide than was spilled from vessels in 

17 1992. 

18 (5) Waterborne transportation of oil in the 

19 United States continues to increase. 

20 (6) Although the number of oil spills from tank21 ers declined from 193 in 1992 to 36 in 2004, spills 

22 from oil tankers tend to be large with devastating 

23 impacts. 

24 (7) While the number of oil spills from tank 

25 barges has declined since 1992 (322 spills to 141 


hmoore on PROD1PC68 with HMBILLS
4 

•S 2440 IS 

1 spills in 2004), the volume of oil spilled from tank 

2 barges has remained constant at approximately 

3 200,000 gallons spilled each year. 

4 (8) Oil spills from non-tank vessels averaged be5 tween 125,000 gallons and 400,000 gallons per year 

6 from 1992 through 2004 and accounted for over half 

7 of the total number of spills from all sources, includ8 ing vessels and non-vessel sources. 

9 (9) Recent spills involving significant quantities 

10 of oil have occurred off the coasts of Alaska, Maine, 

11 Massachusetts, Oregon, Virginia, and Washington, 

12 and involved barges, tank vessels, and non-tank ves13 sels. 

14 (10) The existing statutory caps that limit li15 ability for responsible parties were set in 1990 and 

16 have not been modified since. These liability levels 

17 no longer reflect the costs of oil spills, particularly 

18 for barges and large non-tank vessels. For example, 

19 the liability limit for the ATHOS I oil spill was 

20 $45,400,000, but costs could exceed $267,000,000. 

21 Similarly, the liability limit for the SELENDANG 

22 AYU spill was $23,800,000 while the actual costs 

23 will likely exceed $100,000,000. 


hmoore on PROD1PC68 with HMBILLS
5 

•S 2440 IS 

1 (11) It is more cost-effective to prevent oil spills 

2 than it is to clean-up oil once it is released into the 

3 environment. 

4 (12) Of the 20 major vessel oil spill incidents 

5 since 1990 where liability limits have been exceeded, 

6 10 involved tank barges, 8 involved non-tank vessels, 

7 2 involved tankers, and only 1 involved a vessel that 

8 was double-hulled. 

9 (13) Although recent technological improve10 ments in oil tanker design, such as double hulls and 

11 redundant steering, increase tanker safety, these 

12 technologies are not a panacea and cannot ensure 

13 against oil spills, the leading cause of which is 

14 human error. 

15 (14) The Federal government has a responsi16 bility to protect the nation’s natural resources, pub17 lic health, and environment by improving Federal 

18 measures to prevent and respond to oil spills. 

19 SEC. 4. DEFINITIONS. 

20 In this Act: 

21 (1) AREATO BE AVOIDED.—The term ‘‘area to 

22 be avoided’’ means a routing measure established by 

23 the International Maritime Organization as an area 

24 to be avoided. 


hmoore on PROD1PC68 with HMBILLS
6 

•S 2440 IS 

1 (2) NON-TANK VESSEL.—The term ‘‘non-tank 

2 vessel’’ means a self-propelled vessel other than a 

3 tank vessel. 

4 (3) OIL.—The term ‘‘oil’’ has the meaning 

5 given that term by section 1001(23) of the Oil Pol6 lution Act of 1990 (33 U.S.C. 2701(23)). 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the department in which the Coast 

9 Guard is operating except where otherwise explicitly 

10 stated. 

11 (5) TANK VESSEL.—The term ‘‘tank vessel’’ 

12 has the meaning given that term by section 

13 1001(34) of the Oil Pollution Act of 1990 (33 

14 U.S.C. 2701(34)). 

15 (6) WATERS SUBJECT TO THE JURISDICTION

16 OF THE UNITED STATES.—The term ‘‘waters subject 

17 to the jurisdiction of the United States’’ means navi18 gable waters (as defined in section 1001(21) of the 

19 Oil Pollution Act of 1990 (33 U.S.C. 2701(21)) as 

20 well as— 

21 (A) the territorial sea of the United States 

22 as defined in Presidential Proclamation Number 

23 5928 of December 27, 1988; and 


hmoore on PROD1PC68 with HMBILLS
7 

•S 2440 IS 

1 (B) the Exclusive Economic Zone of the 

2 United States established by Presidential Proc3 lamation Number 5030 of March 10, 1983. 

4 TITLE I—PREVENTION OF OIL 

5 SPILLS 

6 Subtitle A—Coast Guard 

7 Provisions 

8 SEC. 101. RULEMAKINGS. 

9 (a) STATUS REPORT.— 

10 (1) IN GENERAL.—Within 90 days after the 

11 date of enactment of this Act, the Secretary shall 

12 provide a report to the Senate Committee on Com13 merce, Science, and Transportation and the House 

14 of Representatives Committee on Transportation 

15 and Infrastructure on the status of all Coast Guard 

16 rulemakings required (but for which no final rule 

17 has been issued as of the date of enactment of this 

18 Act)— 

19 (A) under the Oil Pollution Act of 1990 

20 (33 U.S.C. 2701 et seq.); and 

21 (B) for— 

22 (i) automatic identification systems 

23 required under section 70114 of title 46, 

24 United States Code; and 


hmoore on PROD1PC68 with HMBILLS
8 

•S 2440 IS 

1 (ii) inspection requirements for towing 

2 vessels required under section 3306(j) of 

3 that title. 

4 (2) INFORMATION REQUIRED.—The Secretary 

5 shall include in the report required by paragraph 

6 (1)— 

7 (A) a detailed explanation with respect to 

8 each such rulemaking as to— 

9 (i) what steps have been completed; 

10 (ii) what areas remain to be ad11 dressed; and 

12 (iii) the cause of any delays; and 

13 (B) the date by which a final rule may rea14 sonably be expected to be issued. 

15 (b) FINAL RULES.—The Secretary shall issue a final 

16 rule in each pending rulemaking under the Oil Pollution 

17 Act of 1990 (33 U.S.C. 2701 et seq.) as soon as prac18 ticable, but in no event later than 18 months after the 

19 date of enactment of this Act. 

20 SEC. 102. SAFETY STANDARDS FOR TOWING VESSELS. 

21 In promulgating regulations for towing vessels under 

22 chapter 33 of title 46, United States Code, the Secretary 

23 shall— 

24 (1) give priority to completing such regulations 

25 for towing operations involving tank vessels; 


hmoore on PROD1PC68 with HMBILLS
9 

•S 2440 IS 

1 (2) ensure that such regulations appropriately 

2 address the risks from such operations, taking into 

3 account such factors as vessel age and hull configu4 ration; and 

5 (3) consider the possible application of stand6 ards that, as of the date of enactment of this Act, 

7 apply to self-propelled tank vessels, and any modi8 fications that may be necessary for application to 

9 towing vessels due to ship design, safety, and other 

10 relevant factors. 

11 SEC. 103. INSPECTIONS BY COAST GUARD. 

12 (a) IN GENERAL.—The Secretary shall ensure that 

13 the inspection schedule for all United States and foreign14 flag tank vessels that enter a United States port or place 

15 increases the frequency and comprehensiveness of Coast 

16 Guard safety inspections based on such factors as vessel 

17 age, hull configuration, past violations of any applicable 

18 discharge and safety regulations under United States and 

19 international law, indications that the class societies in20 specting such vessels may be substandard, and other fac21 tors relevant to the potential risk of an oil spill. 

22 (b) ENHANCED VERIFICATION OF STRUCTURAL CON23 DITION.—The Coast Guard shall adopt, as part of its in24 spection requirements for tank vessels, additional proce25 dures for enhancing the verification of the reported strucVerDate Aug 31 2005 00:16 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2440.IS S2440

hmoore on PROD1PC68 with HMBILLS
10 

•S 2440 IS 

1 tural condition of such vessels, taking into account the 

2 Condition Assessment Scheme adopted by the Inter3 national Maritime Organization by Resolution 94(46) on 

4 April 27, 2001. 

5 SEC. 104. OIL TRANSFERS FROM VESSELS. 

6 (a) REGULATIONS.—Within 1 year after the date of 

7 enactment of this Act, the Secretary shall promulgate reg8 ulations to reduce the risks of oil spills in operations in9 volving the transfer of oil from or to a tank vessel. The 

10 regulations— 

11 (1) shall focus on operations that have the 

12 highest risks of discharge, including operations at 

13 night and in inclement weather; and 

14 (2) shall include— 

15 (A) requirements for use of equipment 

16 such as putting booms in place for transfers; 

17 (B) operational procedures such as man18 ning standards, communications protocols, and 

19 restrictions on operations in high-risk areas; or 

20 (C) both such requirements and oper21 ational procedures. 

22 (b) APPLICATION WITH STATE LAWS.—The regula23 tions promulgated under subsection (a) do not preclude 

24 the enforcement of any State law or regulation the re25 quirements of which are at least as stringent as requireVerDate Aug 31 2005 00:16 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2440.IS S2440

hmoore on PROD1PC68 with HMBILLS
11 

•S 2440 IS 

1 ments under the regulations (as determined by the Sec2 retary) that— 

3 (1) applies in State waters; and 

4 (2) does not conflict with, or interfere with the 

5 enforcement of, requirements and operational proce6 dures under the regulations. 

7 SEC. 105. IMPROVEMENTS TO REDUCE HUMAN ERROR AND 

8 NEAR-MISS INCIDENTS. 

9 (a) REPORT.—Within 1 year after the date of enact10 ment of this Act, the Secretary shall transmit a report 

11 to the Senate Committee on Commerce, Science, and 

12 Transportation and the House of Representatives Com13 mittee on Energy and Commerce that— 

14 (1) identifies the types of human errors that, 

15 combined, account for over 50 percent of all oil spills 

16 involving vessels that have been caused by human 

17 error in the past 10 years; 

18 (2) identifies the most frequent types of near19 miss oil spill incidents involving vessels such as colli20 sions, groundings, and loss of propulsion in the past 

21 10 years; and 

22 (3) includes recommendations by the Secretary 

23 to address the identified types of errors and inci24 dents. 


hmoore on PROD1PC68 with HMBILLS
12 

•S 2440 IS 

1 (b) REGULATIONS.—Based on the findings contained 

2 in the report required by subsection (a), the Secretary 

3 shall promulgate regulations designed to reduce the risks 

4 of oil spills from human errors. 

5 (c) INTERNATIONAL MEASURES.—Based on the find6 ings contained in the report required by subsection (a), 

7 the Secretary shall take appropriate action at the Inter8 national Maritime Organization to reduce the risk of oil 

9 spills from human error internationally. 

10 SEC. 106. NAVIGATIONAL MEASURES FOR PROTECTION OF 

11 NATURAL RESOURCES. 

12 (a) DESIGNATION OF AT-RISK AREAS.—The Sec13 retary and the Undersecretary of Commerce for Oceans 

14 and Atmosphere shall jointly identify areas where routing 

15 or other navigational measures are warranted in waters 

16 subject to the jurisdiction of the United States to reduce 

17 the risk of oil spills and potential damage to natural re18 sources. In identifying those areas, the Secretary and the 

19 Undersecretary shall give priority consideration to natural 

20 resources of particular ecological importance or economic 

21 importance, including commercial fisheries, aquaculture 

22 facilities, marine sanctuaries designated by the Secretary 

23 of Commerce pursuant to the National Marine Sanc24 tuaries Act (16 U.S.C. 1431 et seq.), estuaries of national 

25 significance designated under section 319 of the Federal 


hmoore on PROD1PC68 with HMBILLS
13 

•S 2440 IS 

1 Water Pollution Control Act (33 U.S.C. 1330), critical 

2 habitats (as defined in section 3(5) of the Endangered 

3 Species Act of 1973 (16 U.S.C. 1532(5)), estuarine re4 search reserves within the National Estuarine Research 

5 Reserve System established by section 315 of the Coastal 

6 Zone Management Act of 1972, and national parks and 

7 national seashores administered by the National Park 

8 Service under the National Park Service Organic Act (16 

9 U.S.C. 1 et seq.). 

10 (b) FACTORS CONSIDERED.—In determining whether 

11 navigational measures are warranted, the Secretary and 

12 the Undersecretary shall consider, at a minimum— 

13 (1) the frequency of transits of vessels required 

14 to prepare a response plan under section 311(j) of 

15 the Federal Water Pollution Control Act (33 U.S.C. 

16 1321(j)); 

17 (2) the type and quantity of oil transported as 

18 cargo or fuel; 

19 (3) the expected benefits of routing measures in 

20 reducing risks of spills; 

21 (4) the costs of such measures; 

22 (5) the safety implications of such measures; 

23 and 

24 (6) the nature and value of the resources to be 

25 protected by such measures. 


hmoore on PROD1PC68 with HMBILLS
14 

•S 2440 IS 

1 (c) ESTABLISHMENT OF ROUTING AND OTHER NAVI2 GATIONAL MEASURES.—The Secretary shall establish 

3 such routing or other navigational measures for areas 

4 identified under subsection (a). 

5 (d) ESTABLISHMENT OF AVOIDANCE AREAS.—To the 

6 extent that the Secretary and the Undersecretary conclude 

7 that the establishment of areas to be avoided is warranted 

8 under this section, they shall seek to establish such areas 

9 through the International Maritime Organization or estab10 lish comparable areas pursuant to regulations and in a 

11 manner that is consistent with international law. 

12 (e) OIL SHIPMENT DATA AND REPORT.— 

13 (1) DATA COLLECTION.—The Secretary, 

14 through the Commandant of the Coast Guard and in 

15 consultation with the Army Corps of Engineers, 

16 shall collect and analyze data on oil transported as 

17 cargo on vessels in the navigable waters of the 

18 United States, including information on— 

19 (A) the quantity and type of oil being 

20 transported; 

21 (B) the vessels used for such transpor22 tation; 

23 (C) the frequency with which each type of 

24 oil is being transported; and 


hmoore on PROD1PC68 with HMBILLS
15 

•S 2440 IS 

1 (D) the point of origin, transit route, and 

2 destination of each such shipment of oil. 

3 (2) REPORT.—The Secretary shall transmit a 

4 report, not less frequently than quarterly, to the 

5 Senate Committee on Commerce, Science, and 

6 Transportation and the House of Representatives 

7 Committee on Energy and Commerce, on the data 

8 collected and analyzed under paragraph (1) in a for9 mat that does not disclose information exempted 

10 from disclosure under section 552b(e) of title 5, 

11 United States Code. 

12 SEC. 107. EXISTING AREAS TO BE AVOIDED. 

13 (a) ENFORCEMENT OF EXISTING AREAS TO BE

14 AVOIDED PROVISIONS.—The Secretary and the Under 

15 Secretary of Commerce for Oceans and Atmosphere shall 

16 cooperate in tracking compliance by vessels with the condi17 tions and requirements of areas to be avoided established 

18 in United States waters, and shall enforce compliance with 

19 those conditions and requirements. A violation of those 

20 conditions and requirements is subject to a civil penalty 

21 of not more than $100,000, and each day of a continuing 

22 violation constitutes a separate violation. 

23 (b) OLYMPIC COAST NATURAL MARINE SANCTUARY

24 AREA TO BE AVOIDED.—The Secretary and the UnderVerDate Aug 31 2005 00:16 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2440.IS S2440

hmoore on PROD1PC68 with HMBILLS
16 

•S 2440 IS 

1 secretary of Commerce for Oceans and Atmosphere 

2 shall— 

3 (1) revise the area to be avoided off the coast 

4 of the State of Washington so that restrictions apply 

5 to all vessels required to prepare a response plan 

6 under section 311(j) of the Federal Water Pollution 

7 Control Act (33 U.S.C. 1321(j)) (other than fishing 

8 vessels while engaged in fishing within the area to 

9 be avoided); and 

10 (2) revise the area to be avoided to make the 

11 conditions and requirements for that area to be 

12 avoided mandatory, consistent with international 

13 law. 

14 (c) EMERGENCY DRILL.—Beginning with 1 year 

15 after the date of enactment of this Act, the Secretary shall 

16 conduct, jointly with other Federal agencies and State, 

17 local, and tribal governmental entities, regular, unan18 nounced emergency drills for responding to an oil spill in 

19 the Olympic Coast National Marine Sanctuary. 

20 (d) RACON BEACONS.—The Secretary shall place 1 

21 or more radar beacons in or near the area to be avoided 

22 described in subsection (b) in sites that maximize warn23 ings to vessels of the boundaries of that area. 


hmoore on PROD1PC68 with HMBILLS
17 

•S 2440 IS 

1 SEC. 108. HIGHER VOLUME PORT REGULATORY DEFINI2 TION CHANGE. 

3 Within 30 days after the date of enactment of this 

4 Act, notwithstanding subchapter 5 of title 5, United 

5 States Code, the Commandant of the Coast Guard shall 

6 modify the definition of the term ‘‘higher volume port 

7 area’’ contained in section 155.1020 of the Coast Guard 

8 regulations (33 C.F.R. 155.1020) by striking ‘‘Port Ange9 les, WA’’ in paragraph (13) of that section and inserting 

10 ‘‘Cape Flattery, WA’’ without initiating a rulemaking pro11 ceeding. 

12 SEC. 109. RECREATIONAL BOATER OUTREACH PROGRAM. 

13 The Secretary shall establish an outreach program 

14 for recreational boaters and commercial and recreational 

15 fishermen to inform them about ways in which they can 

16 assist in reducing the risk of an oil spill or release. The 

17 program shall focus initially on regions in the country 

18 where, in the past 10 years, the incidence of such spills 

19 has been the highest. 

20 SEC. 110. IMPROVED COORDINATION WITH TRIBAL GOV21 ERNMENTS. 

22 (a) IN GENERAL.—The Secretary shall take such ac23 tion as may be necessary to improve the Coast Guard’s 

24 consultation and coordination with the tribal governments 

25 of Federally recognized Indian tribes with respect to oil 

26 spill prevention, preparedness, and response. 


hmoore on PROD1PC68 with HMBILLS
18 

•S 2440 IS 

1 (b) INCLUSION OF TRIBAL GOVERNMENT.—The Sec2 retary shall ensure that, as soon as practicable after iden3 tifying an oil spill that is likely to have an impact on nat4 ural resources owned or utilized by a Federally recognized 

5 Indian tribe, the Coast Guard will— 

6 (1) ensure that representatives of the tribal 

7 government of the affected tribes are included as 

8 part of the incident response team established by the 

9 Coast Guard to respond to the spill; 

10 (2) share nonconfidential information about the 

11 oil spill with the tribal government of the affected 

12 tribe; and 

13 (3) to the extent practicable, involve tribal gov14 ernments in deciding how to respond to such spill. 

15 (c) COOPERATIVE ARRANGEMENTS.—The Coast 

16 Guard may enter into memoranda of understanding or 

17 similar arrangements with tribal governments in order to 

18 establish cooperative arrangements for oil pollution pre19 vention, preparedness, and response. Such memoranda 

20 may include training for preparedness and response and 

21 provisions on coordination in the event of a spill. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary 

24 $500,000 for each of fiscal years 2007 through 2011 to 


hmoore on PROD1PC68 with HMBILLS
19 

•S 2440 IS 

1 be used to execute and implement memoranda of under2 standing under this section. 

3 SEC. 111. OIL SPILL ADVISORY COUNCIL. 

4 Section 5002(k) of the Oil Pollution Act of 1990 (33 

5 U.S.C. 2732(k)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(4) WASHINGTON STATE PROGRAM.— 

8 ‘‘(A) IN GENERAL.—For purposes of this para9 graph, the oil spill advisory council established by 

10 section 90.56.120 of title 90 of the Revised Code of 

11 Washington is deemed to be an advisory council es12 tablished under this section. The provisions of this 

13 section, other than this paragraph, do not apply to 

14 that oil spill advisory council. 

15 ‘‘(B) FUNDING.—The owners or operators of 

16 terminal facilities or crude oil tankers operating in 

17 Washington State waters shall provide, on an annual 

18 basis, an aggregate amount of not more than 

19 $1,000,000, as determined by the Secretary. Such 

20 amount— 

21 ‘‘(i) shall be made available to the oil spill 

22 advisory council established by section 

23 90.56.120 of title 90 of the Revised Code of 

24 Washington; 


hmoore on PROD1PC68 with HMBILLS
20 

•S 2440 IS 

1 ‘‘(ii) shall be adjusted annually by the 

2 Consumer Price Index; and 

3 ‘‘(iii) may be adjusted periodically upon 

4 the mutual consent of the owners or operators 

5 of terminal facilities or crude oil tankers oper6 ating in Washington State waters and the 

7 Council.’’. 

8 Subtitle B—National Oceanic and 

9 Atmospheric Administration 

10 Provisions 

11 SEC. 151. HYDROGRAPHIC SURVEYS. 

12 (a) REDUCTION OF BACKLOG.—The Undersecretary 

13 of Commerce for Oceans and Atmosphere shall continue 

14 survey operations to reduce the survey backlog in naviga15 tionally significant waters outlined in its National Survey 

16 Plan, concentrating on areas where oil and other haz17 ardous materials are transported. 

18 (b) NEW SURVEYS.—By no later than January 1, 

19 2010, the Undersecretary shall complete new surveys, to20 gether with necessary data processing, analysis, and dis21 semination, for all areas in United States coastal areas 

22 determined by the Undersecretary to be critical areas. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Undersecretary 

25 for the purpose of carrying out the new surveys required 


hmoore on PROD1PC68 with HMBILLS
21 

•S 2440 IS 

1 by subsection (b) $68,000,000 for each of fiscal years 

2 2007 through 2011. 

3 SEC. 152. ELECTRONIC NAVIGATIONAL CHARTS. 

4 (a) IN GENERAL.—By no later than September 1, 

5 2007, the Undersecretary of Commerce for Oceans and 

6 Atmosphere shall complete the electronic navigation chart 

7 suite for all coastal waters of the United States. 

8 (b) PRIORITIES.—In completing the suite, the Under9 secretary shall give priority to producing and maintaining 

10 the electronic navigation charts of the entrances to major 

11 ports and the coastal transportation routes for oil and haz12 ardous materials, and for estuaries of national significance 

13 designated under section 319 of the Federal Water Pollu14 tion Control Act (33 U.S.C. 1330). 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Undersecretary 

17 for the purpose of completing the electronic navigation 

18 chart suite $6,200,000 for fiscal years 2007 and 2008. 

19 TITLE II—RESPONSE 

20 SEC. 201. RAPID RESPONSE SYSTEM. 

21 The Undersecretary of Commerce for Oceans and At22 mosphere shall develop and implement a rapid response 

23 system to collect and predict in situ information about oil 

24 spill behavior, trajectory and impacts, and a mechanism 


hmoore on PROD1PC68 with HMBILLS
22 

•S 2440 IS 

1 to provide such information rapidly to Federal, State, trib2 al, and other entities involved in a response to an oil spill. 

3 SEC. 202. COAST GUARD OIL SPILL DATABASE. 

4 The Secretary shall modify the Coast Guard’s oil spill 

5 database as necessary to ensure that it— 

6 (1) includes information on the cause of oil 

7 spills maintained in the database; and 

8 (2) is capable of facilitating the analysis of 

9 trends and the comparison of accidents involving oil 

10 spills. 

11 SEC. 203. REPORTS ON CERTAIN OIL SPILL LIABILITY 

12 TRUST FUND EXPENDITURES. 

13 (a) ANNUAL SPENDING REPORT.—Title I of the Oil 

14 Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended 

15 by adding at the end the following: 

16 ‘‘SEC. 1021. ANNUAL EXPENDITURE REPORT. 

17 ‘‘(a) IN GENERAL.—No later than March 1 of each 

18 year after 2006, the Secretary shall provide an annual re19 port on spending for the preceding fiscal year on expendi20 tures from the Oil Spill Liability Trust Fund established 

21 by section 9509 of the Internal Revenue Code of 1986, 

22 whether or not subject to annual appropriations, to the 

23 Senate Committee on Commerce, Science, and Transpor24 tation, the Senate Committee on Environment and Public 

25 Works, and the House of Representatives Committee on 


hmoore on PROD1PC68 with HMBILLS
23 

•S 2440 IS 

1 Transportation and Infrastructure and to the National 

2 Pollution Funds Center, which shall make the report avail3 able to the public on its Internet website. 

4 ‘‘(b) CONTENTS.—The report shall include— 

5 ‘‘(1) a list of each expenditure of $500,000 or 

6 more from the Fund during the fiscal year to which 

7 the report relates; and 

8 ‘‘(2) a description of how each such expenditure 

9 related to— 

10 ‘‘(A) oil pollution liability and compensa11 tion; 

12 ‘‘(B) oil pollution prevention; 

13 ‘‘(C) oil pollution preparedness; 

14 ‘‘(D) oil spill removal; 

15 ‘‘(E) natural resource damage assessment 

16 and restoration; 

17 ‘‘(F) oil pollution research and develop18 ment; or 

19 ‘‘(G) other pollution-related activities. 

20 ‘‘(c) AGENCY REPORTS.—Each Federal agency that 

21 receives appropriated funds for use from the Fund shall— 

22 ‘‘(1) maintain records of the purposes for which 

23 such funds were obligated or expended in such detail 

24 as the Secretary may require for purposes of the re25 port required by subsection (a); and 


hmoore on PROD1PC68 with HMBILLS
24 

•S 2440 IS 

1 ‘‘(2) transmit the information contained in such 

2 records to the Secretary at such time, in such form, 

3 and in such detail as the Secretary may require for 

4 purposes of that report, including a breakdown of 

5 expenditures described in subsection (b)(1) and a de6 scription of the use of such expenditures in accord7 ance with subsection (b)(2). 

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary such 

10 sums as may be necessary to carry out this section.’’. 

11 (b) AUDIT COOPERATION.—Section 1012(g) of the 

12 Oil Pollution Act of 1990 (33 U.S.C. 2712(g)) is amended 

13 by striking the last sentence and inserting the following: 

14 ‘‘Each Federal agency that receives appropriated funds 

15 for use from the Fund shall cooperate with, and provide 

16 requested documentation to, the Comptroller General in 

17 carrying out this subsection and the Secretary in carrying 

18 out section 1021.’’. 

19 (c) USE OF FUND IN NATIONAL EMERGENCIES.— 

20 Notwithstanding any provision of the Oil Pollution Act of 

21 1990 (33 U.S.C. 2701 et seq.) to the contrary, no amount 

22 may be made available from the Oil Spill Liability Trust 

23 Fund established by section 9509 of the Internal Revenue 

24 Code of 1986 for claims described in section 1012(a)(4) 

25 of that Act (33 U.S.C. 2712(a)(4)) attributable to any naVerDate Aug 31 2005 00:16 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2440.IS S2440

hmoore on PROD1PC68 with HMBILLS
25 

•S 2440 IS 

1 tional emergency or major disaster declared by the Presi2 dent under the Robert T. Stafford Disaster Relief and 

3 Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

4 (d) CONFORMING AMENDMENT.—Section 2 of the Oil 

5 Pollution Act of 1990 (33 U.S.C. 2701 note) is amended 

6 by inserting after the item relating to section 1020 the 

7 following: 

‘‘Sec. 1021. Annual expenditure report.’’. 

8 SEC. 204. USE OF FUNDS. 

9 Section 1012(a)(5) of the Oil Pollution Act of 1990 

10 (33 U.S.C. 2712(a)(5)) is amended— 

11 (1) by redesignating subparagraphs (B) and 

12 (C) as subparagraphs (C) and (D), respectively; and 

13 (2) by inserting after subparagraph (A) the fol14 lowing: 

15 ‘‘(B) not more than $25,000,000 in each 

16 fiscal year shall be available to the Secretary of 

17 Commerce for expenses incurred by, and activi18 ties related to, response and damage assess19 ment capabilities of the National Oceanic and 

20 Atmospheric Administration;’’. 

21 SEC. 205. LIMITS ON LIABILITY. 

22 (a) INCREASE OF LIABILITY LIMITS.—Within 6 

23 months after the date of enactment of this Act, the Sec24 retary, acting through the Commandant of the Coast 

25 Guard, shall by regulation revise the limits of liability 


hmoore on PROD1PC68 with HMBILLS
26 

•S 2440 IS 

1 specified in section 1004(a) of that Act (33 U.S.C. 

2 2704(a)) as follows: 

3 (1) For a tank vessel under paragraph (1)— 

4 (A) by substituting ‘‘$2,400’’ for ‘‘$1,200’’ 

5 in subparagraph (A); 

6 (B) by substituting ‘‘$20,000,000’’ for 

7 ‘‘$10,000,000’’ in subparagraph (B)(i); and 

8 (C) by substituting ‘‘$6,000,000’’ for 

9 ‘‘$2,000,000’’ in subparagraph (B)(ii). 

10 (2) For other vessels under paragraph (2)— 

11 (A) by substituting ‘‘$1,800’’ for ‘‘$600’’; 

12 and 

13 (B) by substituting ‘‘$1,000,000’’ for 

14 ‘‘$500,000’’. 

15 (3) For offshore facilities other than deepwater 

16 ports, by substituting ‘‘$150,000,000’’ for 

17 ‘‘$75,000,000’’ in paragraph (3). 

18 (b) INFLATION ADJUSTMENT.—Section 1004(d)(4) 

19 of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) 

20 is amended by striking ‘‘significant’’. 

21 (c) FINANCIAL RESPONSIBILITY.—Section 1016(a) 

22 of the Oil Pollution Act of 1990 (33 U.S.C. 2716(a)) is 

23 amended— 

24 (1) by striking ‘‘or’’ after the semicolon in 

25 paragraph (1); 


hmoore on PROD1PC68 with HMBILLS
27 

•S 2440 IS 

1 (2) by inserting ‘‘or’’ after the semicolon in 

2 paragraph (2); and 

3 (3) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) any tank vessel over 100 gross tons (ex6 cept a non-self-propelled vessel that does not carry 

7 oil as cargo) using any place subject to the jurisdic8 tion of the United States;’’. 

9 SEC. 206. LIABILITY FOR USE OF UNSAFE SINGLE-HULL 

10 VESSELS. 

11 Section 1001(32) of the Oil Pollution Act of 1990 

12 (33 U.S.C. 2702(d)) is amended by striking subparagraph 

13 (A) and inserting the following: 

14 ‘‘(A) VESSELS.—In the case of a vessel— 

15 ‘‘(i) any person owning, operating, or 

16 demise chartering the vessel; and 

17 ‘‘(ii) the owner of oil being trans18 ported in a tank vessel with a single hull 

19 after December 31, 2010, if the owner of 

20 the oil knew, or should have known, from 

21 publicly available information that the ves22 sel had a poor safety or operational 

23 record.’’. 


hmoore on PROD1PC68 with HMBILLS
28 

•S 2440 IS 

1 SEC. 207. RESCUE TUGS. 

2 Paragraph (5) of section 311(j) of the Federal Water 

3 Pollution Control Act (33 U.S.C. 1321(j)) is amended by 

4 adding at the end the following: 

5 ‘‘(J) RESCUE TUGS.— 

6 ‘‘(i) IN GENERAL.—The Secretary shall require 

7 the stationing of a rescue tug in the entry to the 

8 Strait of Juan de Fuca near Neah Bay and other 

9 areas designated by the Secretary as areas where the 

10 risk of oil spill and the remoteness of the area war11 rants. In selecting such areas for designation, the 

12 Secretary shall consider the frequency of transits by 

13 vessels required to prepare a response plan under 

14 this paragraph, weather conditions, distance to exist15 ing Federally required response equipment and ves16 sels, and other relevant criteria. 

17 ‘‘(ii) SHARED RESOURCES.—The Secretary may 

18 authorize compliance with the rescue tug stationing 

19 requirement of paragraph (1) through joint or 

20 shared resources between or among entities to which 

21 this subsection applies. 

22 ‘‘(iii) STATE REQUIREMENTS.—Nothing in this 

23 subparagraph preempts the authority of any State to 

24 require the stationing of rescue tugs in any area 

25 under State law or regulations.’’. 


hmoore on PROD1PC68 with HMBILLS
29 

•S 2440 IS 

1 SEC. 208. INTERNATIONAL EFFORTS ON ENFORCEMENT. 

2 The Secretary, in consultation with the heads of other 

3 appropriate Federal agencies, shall ensure that the Coast 

4 Guard pursues stronger enforcement in the International 

5 Maritime Organization of agreements related to oil dis6 charges, including joint enforcement operations, training, 

7 and stronger compliance mechanisms. 

8 SEC. 209. INVESTMENT OF AMOUNTS IN DAMAGE ASSESS9 MENT AND RESTORATION REVOLVING FUND. 

10 The Secretary of the Treasury shall invest such por11 tion of the damage assessment and restoration revolving 

12 fund described in title I of the Departments of Commerce, 

13 Justice, and State, the Judiciary, and Related Agencies 

14 Appropriations Act, 1991 (33 U.S.C. 2706 note) as is not, 

15 in the Secretary’s judgment, required to meet current 

16 withdrawals in interest-bearing obligations of the United 

17 States in accordance with section 9602 of the Internal 

18 Revenue Code of 1986. 

19 TITLE III—RESEARCH AND 

20 MISCELLANEOUS REPORTS 

21 SEC. 301. FEDERAL OIL SPILL RESEARCH COMMITTEE. 

22 (a) ESTABLISHMENT.—There is established a com23 mittee to be known as the Federal Oil Spill Research Com24 mittee. 

25 (b) MEMBERSHIP.—The members of the Committee 

26 shall be designated by the Undersecretary of Commerce 


hmoore on PROD1PC68 with HMBILLS
30 

•S 2440 IS 

1 for oceans and Atmosphere and shall include representa2 tives from the National Oceanic and Atmospheric Admin3 istration, the United States Coast Guard, the Environ4 mental Protection Agency, and such other Federal agen5 cies as the President may designate. A representative of 

6 the National Oceanic and Atmospheric Administration, 

7 designated by the Undersecretary, shall serve as Chair8 man. 

9 (c) DUTIES.—The Committee shall coordinate a com10 prehensive program of oil pollution research, technology 

11 development, and demonstration among the Federal agen12 cies, in cooperation and coordination with industry, uni13 versities, research institutions, State governments, tribal 

14 governments, and other nations, as appropriate, and shall 

15 foster cost-effective research mechanisms, including the 

16 joint funding of research. 

17 (d) REPORTS TO CONGRESS.— 

18 (1) Not later than 180 days after the date of 

19 enactment of this Act, the Committee shall submit 

20 to Congress a report on the current state of oil spill 

21 prevention and response capabilities that— 

22 (A) identifies current research programs 

23 conducted by governments, universities, cor24 porate entities; 


hmoore on PROD1PC68 with HMBILLS
31 

•S 2440 IS 

1 (B) assesses the current status of knowl2 edge on oil pollution prevention, response, and 

3 mitigation technologies; 

4 (C) establishes national research priorities 

5 and goals for oil pollution technology develop6 ment related to prevention, response, mitiga7 tion, and environmental effects; 

8 (D) identifies regional oil pollution re9 search needs and priorities for a coordinated 

10 program of research at the regional level devel11 oped in consultation with the State and local 

12 governments, tribes; 

13 (E) assesses the current state of spill re14 sponse equipment, and determines areas in 

15 need of improvement including amount, age, 

16 quality, effectiveness, or necessary technological 

17 improvements; 

18 (F) assesses the current state of real time 

19 data available to mariners, including water 

20 level, currents and weather information and 

21 predictions, and assesses whether lack of timely 

22 information increases the risk of oil spills; and 

23 (G) includes such recommendations as the 

24 Committee deems appropriate. 


hmoore on PROD1PC68 with HMBILLS
32 

•S 2440 IS 

1 (2) QUINQUENNIAL UPDATES.—The Committee 

2 shall submit a report every fifth year after its first 

3 report under paragraph (1) updating the informa4 tion contained in its previous report under this sub5 section. 

6 (e) ADVICE AND GUIDANCE.—The Committee shall 

7 accept comments and input from State and local govern8 ments, Indian tribes, industry representatives, and other 

9 stakeholders. 

10 (f) NATIONAL ACADEMY OF SCIENCE PARTICIPA11 TION.—The Chairman, through the National Oceanic and 

12 Atmospheric Administration, shall contract with the Na13 tional Academy of Sciences to— 

14 (1) provide advice and guidance in the prepara15 tion and development of the research plan; and 

16 (2) assess the adequacy of the plan as sub17 mitted, and submit a report to Congress on the con18 clusions of such assessment. 

19 (g) RESEARCH AND DEVELOPMENT PROGRAM.— 

20 (1) IN GENERAL.—The Committee shall estab21 lish a program for conducting oil pollution research 

22 and development. Within 180 days after submitting 

23 its report to the Congress under subsection (c), the 

24 Committee shall submit to Congress a plan for the 

25 implementation of the program. 


hmoore on PROD1PC68 with HMBILLS
33 

•S 2440 IS 

1 (2) PROGRAM ELEMENTS.—The program estab2 lished under paragraph (1) shall provide for re3 search, development, and demonstration of new or 

4 improved technologies which are effective in pre5 venting, detecting, or mitigating oil discharges and 

6 which protect the environment, and include— 

7 (A) high priority research areas described 

8 in the report; 

9 (B) environmental effects of acute and 

10 chronic oil spills; 

11 (C) long-term effects of major spills and 

12 the long-term cumulative effects of smaller en13 demic spills; 

14 (D) new technologies to detect accidental 

15 or intentional overboard discharges; 

16 (E) response capabilities, such as improved 

17 booms, oil skimmers, and storage capacity; 

18 (F) methods to restore and rehabilitate 

19 natural resources damaged by oil discharges; 

20 and 

21 (G) research and training, in consultation 

22 with the National Response Team, to improve 

23 industry’s and Government’s ability to remove 

24 an oil discharge quickly and effectively. 

25 (h) GRANT PROGRAM.— 


hmoore on PROD1PC68 with HMBILLS
34 

•S 2440 IS 

1 (1) IN GENERAL.—The Undersecretary of Com2 merce for Oceans and Atmosphere shall manage a 

3 program of competitive grants to universities or 

4 other research institutions, or groups of universities 

5 or research institutions, for the purposes of con6 ducting the program established under subsection 

7 (g). 

8 (2) APPLICATIONS AND CONDITIONS.—In con9 ducting the program, the Undersecretary— 

10 (A) shall establish a notification and appli11 cation procedure; 

12 (B) may establish such conditions, and re13 quire such assurances, as may be appropriate to 

14 ensure the efficiency and integrity of the grant 

15 program; and 

16 (C) may make grants under the program 

17 on a matching or nonmatching basis. 

18 (i) FACILITATION.—The Committee may develop 

19 memoranda of agreement or memoranda of understanding 

20 with universities, States, or other entities to facilitate the 

21 research program. 

22 (j) ANNUAL REPORTS.—The chairman of the Com23 mittee shall submit an annual report to Congress on the 

24 activities carried out under this section in the preceding 


hmoore on PROD1PC68 with HMBILLS
35 

•S 2440 IS 

1 fiscal year, and on activities proposed to be carried out 

2 under this section in the current fiscal year. 

3 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary of Com5 merce to carry out this section— 

6 (1) $200,000 for fiscal year 2007, to remain 

7 available until expended, for contracting with the 

8 National Academy of Sciences and other expenses 

9 associated with developing the report and research 

10 program; and 

11 (2) $2,000,000 for each of fiscal years 2007, 

12 2008, and 2009, to remain available until expended, 

13 to fund grants under subsection (h). 

14 (l) COMMITTEE REPLACES EXISTING AUTHORITY.— 

15 The authority provided by this section supersedes the au16 thority provided by section 7001 of the Oil Pollution Act 

17 of 1990 (33 U.S.C. 2761) for the establishment of the 

18 Interagency Committee on Oil Pollution Research under 

19 subsection (a) of that section, and that Committee shall 

20 cease operations and terminate on the date of enactment 

21 of this Act. 

22 SEC. 302. GRANT PROJECT FOR DEVELOPMENT OF COST23 EFFECTIVE DETECTION TECHNOLOGIES. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of enactment of this Act, the Secretary of Homeland 


hmoore on PROD1PC68 with HMBILLS
36 

•S 2440 IS 

1 Security shall, by regulation, establish a grant program 

2 for the development of cost-effective technologies for de3 tecting discharges of oil from vessels including infrared, 

4 pressure sensors, and remote sensing. 

5 (b) MATCHING REQUIREMENT.—The Federal share 

6 of any project funded under subsection (a) may not exceed 

7 50 percent of the total cost of the project. 

8 (c) REPORT TO CONGRESS.—Not later than 3 years 

9 after the date of enactment of this Act the Secretary shall 

10 provide a report to the Senate Committee on Commerce, 

11 Science, and Transportation, and to the House of Rep12 resentatives Committee on Transportation and Infrastruc13 ture on the results of the program. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary to carry 

16 out this section $5,000,000 for each of fiscal years 2007, 

17 2008, and 2009, to remain available until expended. 

18 SEC. 303. STATUS OF IMPLEMENTATION OF RECOMMENDA19 TIONS BY THE NATIONAL RESEARCH COUN20 CIL. 

21 (a) IN GENERAL.—Within 90 days after the date of 

22 enactment of this Act, the Secretary shall provide a report 

23 to the Senate Committee on Commerce, Science, and 

24 Transportation and the House of Representatives Com25 mittee on Transportation and Infrastructure on whether 


hmoore on PROD1PC68 with HMBILLS
37 

•S 2440 IS 

1 the Coast Guard has implemented each of the rec2 ommendations directed at the Coast Guard, or at the 

3 Coast Guard and other entities, in the following National 

4 Research Council reports: 

5 (1) ‘‘Double-Hull Tanker Legislation, An As6 sessment of the Oil Pollution Act of 1990’’, dated 

7 1998. 

8 (2) ‘‘Oil in the Sea III, Inputs, Fates and Ef9 fects’’, dated 2003. 

10 (b) CONTENT.—The report shall contained a detailed 

11 explanation of the actions taken by the Coast Guard pur12 suant to the National Research Council reports. If the 

13 Secretary determines that the Coast Guard has not fully 

14 implemented the recommendations, the Secretary shall in15 clude a detailed explanation of the reasons any such rec16 ommendation has not been fully implemented, together 

17 with any recommendations the Secretary deems appro18 priate for implementing any such non-implemented rec19 ommendation. 

20 SEC. 304. GAO REPORT. 

21 Within 1 year after the date of enactment of this Act, 

22 the Comptroller General shall provide a written report 

23 with recommendations for reducing the risks and fre24 quency of releases of oil from vessels (both intentional and 

25 accidental) to the Senate Committee on Commerce, 


hmoore on PROD1PC68 with HMBILLS
38 

•S 2440 IS 

1 Science, and Transportation and the House of Represent2 atives Committee on Transportation and Infrastructure 

3 that includes the following: 

4 (1) CONTINUING OIL RELEASES.—A summary 

5 of continuing sources of oil pollution from vessels, 

6 the major causes of such pollution, the extent to 

7 which the Coast Guard or other Federal or State en8 tities regulate such sources and enforce such regula9 tions, possible measures that could reduce such re10 leases of oil. 

11 (2) DOUBLE HULLS.— 

12 (A) A description of the various types of 

13 double hulls, including designs, construction, 

14 and materials, authorized by the Coast Guard 

15 for United States flag vessels, and by foreign 

16 flag vessels pursuant to international law, and 

17 any changes with respect to what is now au18 thorized compared to the what was authorized 

19 in the past. 

20 (B) A comparison of the potential struc21 tural and design safety risks of the various 

22 types of double hulls described in subparagraph 

23 (A) that have been observed or identified by the 

24 Coast Guard, or in public documents readily 

25 available to the Coast Guard, including suscepVerDate Aug 31 2005 00:16 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2440.IS S2440

hmoore on PROD1PC68 with HMBILLS
39 

•S 2440 IS 

1 tibility to corrosion and other structural con2 cerns, unsafe temperatures within the hulls, the 

3 build-up of gases within the hulls, ease of in4 spection, and any other factors affecting reli5 ability and safety. 

6 (3) ALTERNATIVE DESIGNS FOR NON-TANK

7 VESSELS.—A description of the various types of al8 ternative designs for non-tank vessels to reduce risk 

9 of an oil spill, known effectiveness in reducing oil 

10 spills, and a summary of how extensively such de11 signs are being used in the United States and else12 where. 

13 (4) RESPONSE EQUIPMENT.—An assessment of 

14 the sufficiency of oil pollution response and salvage 

15 equipment, the quality of existing equipment, new 

16 developments in the United States and elsewhere, 

17 and whether new technologies are being used in the 

18 United States. 

19 SEC. 305. OIL TRANSPORTATION INFRASTRUCTURE ANAL20 YSIS. 

21 The Secretary of the Department of Homeland Secu22 rity shall, in conjunction with the Secretary of Commerce, 

23 the Secretary of Transportation, the Administrator of the 

24 Environmental Protection Agency, and the heads of other 

25 appropriate Federal agencies, contract with the National 


hmoore on PROD1PC68 with HMBILLS
40 

•S 2440 IS 

1 Research Council to conduct an analysis of the condition 

2 and safety of all aspects of oil transportation infrastruc3 ture in the United States, and provide recommendations 

4 to improve such safety, including an assessment of the 

5 adequacy of contingency and emergency plans in the event 

6 of a natural event. 

Æ 


hmoore on PROD1PC68 with HMBILLS