I

104TH CONGRESS

2D SESSION H. R. 3573

To amend the Oil Pollution Act of 1990 to make the Act more effective

in preventing oil pollution in the Nation’s waters through enhanced

prevention of, and improved response to, oil spills, and to ensure that

citizens and communities injured by oil spills are promptly and fully

compensated, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 4, 1996

Mr. MENENDEZ introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To amend the Oil Pollution Act of 1990 to make the Act

more effective in preventing oil pollution in the Nation’s

waters through enhanced prevention of, and improved

response to, oil spills, and to ensure that citizens and

communities injured by oil spills are promptly and fully

compensated, 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Oil Spill Prevention and Response Improvement Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—ENHANCEMENT OF OIL SPILL PREVENTION

Sec. 101. Interim oil spill prevention measures for single-hull vessels.

Sec. 102. Incentive for oil shippers to convert single hull vessels to double hull

vessels.

Sec. 103. Prevention of oil spills by improvement of safety of towing vessels.

Sec. 104. Other oil prevention enhancement measures.

TITLE II—IMPROVEMENT OF RESPONSES TO OIL SPILLS

Sec. 201. Access to timely short-term financial assistance for persons injured

by oil spills.

Sec. 202. Advance planning and coordination to ensure prompt decisionmaking

on reopening and closing of fishing grounds.

Sec. 203. Qualification of major oil spills as major disasters.

Sec. 204. Access to oil spill liability trust fund for natural resource damages.

Sec. 205. Access to necessary information, expertise, and funding to mitigate

near-term ecological injury resulting from oil spill.

Sec. 206. Compliance with response plans.

3 SEC. 2. DEFINITION OF SECRETARY.

4 In this Act, the term ‘‘Secretary’’ means the Sec5 retary of Transportation, acting through the United

6 States Coast Guard.

7 TITLE I—ENHANCEMENT OF OIL

8 SPILL PREVENTION

9 SEC. 101. INTERIM OIL SPILL PREVENTION MEASURES FOR

10 SINGLE-HULL VESSELS.

11 (a) EFFECTIVENESS OF PROPOSED RULE.—Section

12 4115(b) of the Oil Pollution Act of 1990 (46 U.S.C. 3703a

13 note) is amended—

14 (1) by striking ‘‘The Secretary’’ and inserting

15 the following:
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1 ‘‘(1) IN GENERAL.—The Secretary’’; and

2 (2) by adding at the end the following:

3 ‘‘(2) OPERATIONAL ELEMENTS.—If a final rule

4 under this subsection with respect to operational ele5 ments does not become effective by the date that is

6 59 months after the date specified in paragraph (1),

7 the proposed rule in the Supplemental Notice of

8 Proposed Rulemaking (60 Fed. Reg. 55,904 (1995))

9 shall be considered to be in effect as a final rule as

10 of that date and shall remain in effect until a final

11 rule becomes effective.

12 ‘‘(3) STRUCTURAL ELEMENTS.—If a final rule

13 under this subsection with respect to structural ele14 ments does not become effective by the date that is

15 64 months after the date specified in paragraph (1),

16 the proposed rule in the Notice of Proposed Rule17 making (58 Fed. Reg. 54,870 (1993)) shall be con18 sidered to be in effect as a final rule as of that date

19 and shall remain in effect until a final rule becomes

20 effective.’’.

21 (b) PREVENTION MEASURES.—Section 4115(b) of

22 the Oil Pollution Act of 1990 (46 U.S.C. 3703a note), as

23 amended by subsection (a) of this section, is amended by

24 adding at the end the following:

25 ‘‘(4) PROVISIONS TO BE INCLUDED.—
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1 ‘‘(A) IN GENERAL.—In issuing rules under

2 this subsection, the Secretary shall include the

3 following provisions to the greatest extent prac4 ticable:

5 ‘‘(i) A requirement that a single hull

6 barge over 5,000 gross tons operating in

7 open ocean or coastal waters that is af8 fected by this section have at least 1 of the

9 following:

10 ‘‘(I) A crew member on board

11 and an operable anchor.

12 ‘‘(II) An emergency system on

13 board the vessel towing the barge to

14 retrieve the barge if the tow line rup15 tures.

16 ‘‘(III) Adoption of any other

17 measure that provides comparable

18 protection against grounding of the

19 barge as that provided by a measure

20 described in subclause (I) or (II).

21 ‘‘(ii) In cooperation with the captain

22 of the port for each port in which any tank

23 vessel not fitted with a double bottom that

24 covers the entire cargo tank length oper25 ates, establishment of a minimum under-
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1 keel clearance for the vessel when entering

2 the port or place of destination and when

3 departing port.

4 ‘‘(B) CONSIDERATIONS.—In issuing rules

5 under this subsection, the Secretary shall—

6 ‘‘(i) require the use of all measures

7 that advance the objectives of this section,

8 not only those determined to be the most

9 cost-effective or most cost-efficient;

10 ‘‘(ii) take account of human safety,

11 including the safety of crew members on

12 affected tank vessels; and

13 ‘‘(iii) consider measures that prevent

14 collision or grounding of a tank vessel in

15 addition to those that reduce oil outflow

16 after such a collision or grounding has oc17 curred.’’.

18 SEC. 102. INCENTIVE FOR OIL SHIPPERS TO CONVERT SIN19 GLE HULL VESSELS TO DOUBLE HULL VES20 SELS.

21 Section 1004(c) of the Oil Pollution Act of 1990 (33

22 U.S.C. 2704(c)) is amended—

23 (1) in paragraph (1) by striking ‘‘Subsection

24 (a)’’ and inserting ‘‘Except as provided in paragraph

25 (4), subsection (a)’’; and
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1 (2) by adding at the end the following:

2 ‘‘(4) DOUBLE-HULLED VESSELS.—The excep3 tion in paragraph (1)(B) shall not apply—

4 ‘‘(A) to a tank vessel that, as of the date

5 of enactment of this paragraph, is equipped

6 with a double hull; or

7 ‘‘(B) to a double hull vessel that is replac8 ing another tank vessel not equipped with a

9 double hull that is being retired at least 5 years

10 prior to the applicable retirement date under

11 section 3703a(c) of title 46, United States

12 Code.’’.

13 SEC. 103. PREVENTION OF OIL SPILLS BY IMPROVEMENT

14 OF SAFETY OF TOWING VESSELS.

15 (a) DEADLINE ON ISSUANCE OF FINAL REGULA16 TIONS.—If a final rule on navigation safety equipment for

17 towing vessels does not become effective by September 30,

18 1996, the proposed rule in the Notice of Proposed Rule19 making (60 Fed. Reg. 55890 (1995)) shall be considered

20 to be in effect as a final rule as of that date and shall

21 remain in effect until a final rule becomes effective.

22 (b) CONSIDERATION OF FIRE-SUPPRESSION EQUIP23 MENT IN TOWING SAFETY RULEMAKING.—In issuing a

24 final rule on navigation safety equipment for towing ves25 sels in accordance with subsection (a), the Secretary shall
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1 establish a requirement that a towing vessel have a fire2 suppression system or other equipment to provide ade3 quate assurance that an onboard fire can be suppressed

4 under reasonably foreseeable circumstances.

5 SEC. 104. OTHER OIL PREVENTION ENHANCEMENT MEAS6 URES.

7 (a) REQUIREMENT FOR STUDY OF OIL SPILL

8 RISKS.—

9 (1) IN GENERAL.—The Secretary shall coordi10 nate with the Marine Board of the National Re11 search Council on a study into how the designation

12 of waters through which tank vessels transport oil,

13 and the designation of shipping lanes for tank ves14 sels, affect the risk of an oil spill.

15 (2) RECOMMENDATIONS.—In the study under

16 paragraph (1), the Marine Board of the National

17 Research Council shall recommend to the Secretary

18 any changes to designations of waters that would

19 minimize the risk of oil spills.

20 (b) LIGHTERING OPERATIONS.—The first sentence of

21 section 3715(b) of title 46, United States Code, is amend22 ed by striking ‘‘of this section’’ and inserting ‘‘that include

23 requirements that the Secretary determines will provide

24 protection to the environment that is as substantial as is

25 economically and technologically feasible’’.
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1 TITLE II—IMPROVEMENT OF

2 RESPONSES TO OIL SPILLS

3 SEC. 201. ACCESS TO TIMELY SHORT-TERM FINANCIAL AS4 SISTANCE FOR PERSONS INJURED BY OIL

5 SPILLS.

6 (a) DAMAGES FOR LOSS OF PROFITS OR IMPAIR7 MENT OF EARNING CAPACITY.—Section 1002(b)(2)(E) of

8 the Oil Pollution Act of 1990 (33 U.S.C. 2702(b)(2)(E))

9 is amended by striking the period at the end and inserting

10 the following: ‘‘, in part or in full. Payment or settlement

11 of a claim for interim, short-term damages representing

12 less than the full amount of damages to which the claim13 ant ultimately may be entitled under this subparagraph

14 shall not preclude recovery by the claimant for damages

15 not reflected in the paid or settled partial claim.’’.

16 (b) CLAIMS PROCEDURE.—Section 1013(d) of the Oil

17 Pollution Act of 1990 (33 U.S.C. 2713(d)) is amended

18 by inserting after ‘‘unavailable’’ the following: ‘‘including

19 a claim for interim, short-term damages representing less

20 than the full amount of damages to which the claimant

21 ultimately may be entitled,’’.

22 (c) ADVERTISEMENT.—Section 1014(b) of the Oil

23 Pollution Act of 1990 (33 U.S.C. 2714(b)) is amended—

24 (1) by striking ‘‘If a responsible party’’ and in25 serting the following:
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1 ‘‘(1) IN GENERAL.—If a responsible party’’;

2 and

3 (2) by adding at the end the following:

4 ‘‘(2) CLAIM FOR INTERIM DAMAGES.—An ad5 vertisement under paragraph (1) shall state that a

6 claimant may present a claim for interim, short-term

7 damages representing less than the full amount of

8 damages to which the claimant ultimately may be

9 entitled and payment of such a claim shall not pre10 clude recovery for damages not reflected in the paid

11 or settled partial claim.’’.

12 (d) SUBROGATION.—Section 1015(a) of the Oil Pol13 lution Act of 1990 (33 U.S.C. 2715(a)) is amended—

14 (1) by redesignating subsection (b) as sub15 section (c); and

16 (2) by inserting after subsection (a) the follow17 ing:

18 ‘‘(b) INTERIM DAMAGES.—

19 ‘‘(1) IN GENERAL.—If a responsible party, a

20 guarantor, or the Fund has made payment to a

21 claimant for interim, short-term damages represent22 ing less than the full amount of damages to which

23 the claimant ultimately may be entitled, subrogation

24 under subsection (a) shall apply only with respect to
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1 the portion of the claim reflected in the paid interim

2 claim.

3 ‘‘(2) FINAL DAMAGES.—Payment of such a

4 claim shall not foreclose a claimant’s right to recov5 ery of all damages to which the claimant otherwise

6 is entitled under this title or any other law.’’.

7 SEC. 202. ADVANCE PLANNING AND COORDINATION TO EN8 SURE PROMPT DECISIONMAKING ON RE9 OPENING AND CLOSING OF FISHING

10 GROUNDS.

11 (a) NATIONAL GUIDANCE.—Section 311(j)(4)(D) of

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

13 1321(j)(4)(D)) is amended—

14 (1) in clause (i) by striking ‘‘and’’ at the end;

15 (2) in clause (ii) by striking the period and in16 serting ‘‘; and’’; and

17 (3) by adding at the end the following:

18 ‘‘(iii) acting through the Under Sec19 retary of Commerce for Oceans and At20 mosphere and in consultation with the Ad21 ministrator, the Director of the United

22 States Fish and Wildlife Service, and other

23 affected agencies, issue guidance for Area

24 Committees to use in developing a frame25 work for advanced planning and decision-
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1 making with respect to the closing and re2 opening of fishing grounds following an oil

3 spill, which guidance shall include model

4 protocols and standards for the closing and

5 reopening of fishing areas.’’.

6 (b) REQUIREMENT THAT AREA CONTINGENCY

7 PLANS CONTAIN AREA-SPECIFIC PROTOCOLS AND

8 STANDARDS.—

9 (1) COOPERATION WITH STATE AND LOCAL OF10 FICIALS.—Section 311(j)(4)(B)(ii) of the Federal

11 Water Pollution Control Act (33 U.S.C.

12 1321(j)(4)(B)(ii)) is amended by inserting after

13 ‘‘wildlife’’ the following: ‘‘, including advance plan14 ning with respect to the closing and reopening of

15 fishing grounds following an oil spill’’.

16 (2) FRAMEWORK.—Section 311(j)(4)(C) of the

17 Federal Water Pollution Control Act (33 U.S.C.

18 1321(j)(4)(C)) is amended—

19 (A) by redesignating clauses (vii) and (viii)

20 as clauses (viii) and (ix), respectively; and

21 (B) by inserting after clause (vi) the fol22 lowing:

23 ‘‘(vii) develop a framework for advanced

24 planning and decisionmaking with respect to

25 the closing and reopening of fishing grounds
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1 following an oil spill, including protocols and

2 standards for the closing and reopening of fish3 ing areas;’’.

4 SEC. 203. ACCESS TO OIL SPILL LIABILITY TRUST FUND

5 FOR NATURAL RESOURCE DAMAGES.

6 Section 6002 of the Oil Pollution Act of 1990 (33

7 U.S.C. 2752) is amended by striking subsection (b) and

8 inserting the following:

9 ‘‘(b) EXCEPTIONS.—

10 ‘‘(1) IN GENERAL.—Subsection (a) shall not

11 apply to—

12 ‘‘(A) section 1006(f), 1012(a) (2) or (4),

13 or 5006(b); or

14 ‘‘(b) an amount not exceeding $50,000,000

15 for any fiscal year that the President may make

16 available from the Fund to—

17 ‘‘(i) carry out section 311(c) of the

18 Federal Water Pollution Control Act (33

19 U.S.C. 1321(c));

20 ‘‘(ii) conduct the assessment of natu21 ral resource damages required under sec22 tion 1006;

23 ‘‘(iii) develop restoration plans; and

24 ‘‘(iv) implement the initial phases of

25 restoration plans.
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1 ‘‘(2) AVAILABILITY.—Amounts to which this

2 subsection applies shall remain available until ex3 pended.’’.

4 SEC. 204. ACCESS TO NECESSARY INFORMATION, EXPER5 TISE, AND FUNDING TO MITIGATE NEAR6 TERM ECOLOGICAL INJURY RESULTING

7 FROM OIL SPILL.

8 (a) ACCESS TO FUNDS TO MITIGATE NEAR-TERM

9 INJURY.—Section 1012(a) of the Oil Pollution Act of

10 1990 (33 U.S.C. 2712(a)) is amended—

11 (1) by striking the period at the end of para12 graph (5) and inserting ‘‘; and’’; and

13 (2) by adding at the end the following:

14 ‘‘(6) the payment of costs to mitigate ecological

15 injury (including the immediate costs of manage16 ment, at a level and of a type that are needed to

17 mitigate ecological injury, as determined solely by

18 the Federal On-Scene Coordinator).

19 (b) ACCESS TO SCIENTISTS WITH RELEVANT EX20 PERTISE.—

21 (1) IDENTIFYING SCIENTISTS IN AREA CONTIN22 GENCY PLANS.—Section 311(j)(4)(C) of the Federal

23 Water Pollution Control Act (as amended by section

24 202(b)(2) of this Act) is amended—
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1 (A) by redesignating clauses (viii) and (ix)

2 as clauses (ix) and (x), respectively; and

3 (B) by inserting after clause (vii) the fol4 lowing:

5 ‘‘(viii) compile a list of local scientists,

6 both inside and outside Federal Government

7 service, with expertise in the environmental ef8 fects of spills of the types of oil typically trans9 ported in the area, who may be contacted to

10 provide information or participate in the sci11 entific support team convened in response to a

12 spill;’’.

13 (c) ESTABLISHMENT OF SCIENTIFIC SUPPORT

14 TEAM.—Section 4202(b) of the Oil Pollution Act of 1990

15 (33 U.S.C. 1321 note) is amended by adding at the end

16 the following:

17 ‘‘(5) SCIENTIFIC SUPPORT TEAM.—

18 ‘‘(A) ESTABLISHMENT.—Not later than 6

19 months after the date of enactment of this

20 paragraph, the Secretary shall establish a proc21 ess under which a scientific support team shall

22 be convened immediately in response to each oil

23 spill covered by this Act.

24 ‘‘(B) PURPOSE.—The purpose of the sci25 entific support team shall be to provide useful
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1 or necessary scientific information and support

2 to the response team and to recommend any

3 measures that will serve to mitigate ecological

4 injury immediately following such a spill.

5 ‘‘(C) PARTICIPATION BY SCIENTISTS WITH

6 EXPERTISE.—The process under subparagraph

7 (A) shall provide for consideration for participa8 tion on a scientific support team to be given to

9 scientists identified in the area contingency plan

10 with expertise in the environmental effects of

11 the kind of oil that has been spilled or that has

12 actually or potentially affected natural re13 sources.

14 ‘‘(D) OPERATIONS OPEN TO THE PUB15 LIC.—To the extent it does not interfere with

16 its expeditious operation, the operations of a

17 scientific team shall be open to the public.’’.

18 (d) ACCESS TO USEFUL AND NECESSARY INFORMA19 TION.—

20 (1) ESTABLISHMENT OF INFORMATION CLEAR21 INGHOUSE.—Section 7001(a) the Oil Pollution Act

22 of 1990 (33 U.S.C. 2761(a)) is amended—

23 (A) by striking ‘‘may designate’’ at the end

24 of paragraph (3) and all that follows through
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1 ‘‘representative’’ and inserting ‘‘may designate.

2 A representative’’; and

3 (B) by adding at the end the following:

4 ‘‘(4) DISSEMINATION OF INFORMATION.—The

5 Interagency Committee shall disseminate and com6 pile information regarding previous spills, including

7 data from universities, research institutions, State

8 governments, and other nations, as appropriate.’’.

9 (2) REQUIREMENT THAT NATIONAL RESPONSE

10 UNITS MAINTAIN INFORMATION ON ENVIRONMENTAL

11 EFFECTS OF OIL SPILLS.—Section 311(j)(2) of the

12 Federal Water Pollution Control Act (33 U.S.C.

13 1321(j)(2)) is amended—

14 (A) by redesignating subparagraphs (F)

15 and (G) as subparagraphs (G) and (H), respec16 tively; and

17 (B) by inserting the following after sub18 paragraph (E):

19 ‘‘(F) shall maintain and update a body of

20 information on the environmental effects of var21 ious types of oil spills and how best to mitigate

22 those effects, which shall be kept in a form that

23 is readily transmittable to response teams re24 sponding to a spill under this Act;’’.
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1 SEC. 205. COMPLIANCE WITH RESPONSE PLANS.

2 Section 311(c)(3)(B) of the Federal Water Pollution

3 Control Act (33 U.S.C. 1321(c)(3)(B)) is amended by

4 striking ‘‘or as directed by the President’’ and inserting

5 ‘‘unless the President or the on-scene coordinator deter6 mines that deviation from the plan would provide for a

7 more expeditious or effective response to the spill or miti8 gation of its environmental effects.’’.

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