```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5025 Introduced in House (IH)]

106th CONGRESS
  2d Session
                                H. R. 5025

   To amend title 46, United States Code, to require the adoption of 
                  response plans for nontank vessels.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

 Mr. DeFazio introduced the following bill; which was referred to the 
             Committee on Transporation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
   To amend title 46, United States Code, to require the adoption of 
                  response plans for nontank vessels.

    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 ``Maritime Safety Act of 2000''.

SEC. 2. ESTABLISHMENT OF REQUIREMENT FOR RESPONSE PLANS FOR NONTANK 
              VESSELS.

    Subtitle II of title 46, United States Code, is amended--
            (1) in the analysis at the beginning of the subtitle, by 
        adding after the item relating to chapter 147 the following:

``48. Response plans for nontank vessels...................     4801'';
        and
            (2) by adding at the end of part B the following:

            ``CHAPTER 48--RESPONSE PLANS FOR NONTANK VESSELS

``Sec.
``4801. Definitions.
``4802. Application.
``4803. General response plan requirement.
``4804. Regulations.
``4805. Submittal of response plans.
``4806. Review and approval of response plans.
``Sec. 4801. Definitions
    ``In this chapter:
            ``(1) The term `covered vessel' means a vessel to which 
        this chapter applies.
            ``(2) The term `maritime cooperative' means any association 
        established by any combination of owners or operators of marine 
        terminals, marine facilities, or vessels, vessel agents, or 
        maritime industry groups, that provides oil spill response 
        planning and oil spill-related communications services.
            ``(3) The term `response plan' means a plan for the 
        prevention of oil spills and the containment and cleanup of oil 
        spills from the navigable waters of the United States and for 
        the protection of fisheries and wildlife, natural resources, 
        and public and private property from such a spill.
``Sec. 4802. Application
    ``This chapter applies to any vessel over 300 gross tons carrying 
oil as fuel on the navigable waters of the United States, other than--
            ``(1) a tank vessel; and
            ``(2) a fishing vessel.
``Sec. 4803. General response plan requirement
    ``(a) After June 1, 2001, a vessel subject to this chapter may not 
operate on the navigable waters of the United States unless a response 
plan for that operation has been approved by the Secretary and 
implemented.
    ``(b) Approval of a response plan by the Secretary under this 
section must be renewed at least once every 5 years.
``Sec. 4804. Regulations
    ``Not later than January 1, 2003, the Secretary shall issue 
regulations establishing the minimum requirements for approval of 
response plans required under this chapter. The regulations shall 
require that each such response plan--
            ``(1) include complete details concerning the response to 
        oil spills of various sizes from vessels to which the plan 
        applies;
            ``(2) to the maximum extent practicable, be designed in 
        terms of personnel, materials, and equipment, necessary to 
        remove oil and minimize any damage to the environment resulting 
        from a maximum probable spill and a worse case spill;
            ``(3) describe how the response plan relates to and is 
        coordinated with contingency plans developed by a State, 
        cooperative, port, or regional entity;
            ``(4) provide procedures for early detection of an oil 
        spill and timely notification of appropriate Federal, State, 
        and local authorities about the spill in accordance with 
        applicable State and Federal law;
            ``(5) demonstrate ownership of or access to an emergency 
        response communications network that--
                    ``(A) covers all locations of operation or transit 
                by the vessel to which the response plan applies; and
                    ``(B) provides for immediate notification and 
                continual emergency communications during cleanup 
                response;
            ``(6) state the number, training preparedness, and fitness 
        of all dedicated, prepositioned personnel assigned to implement 
        the plan;
            ``(7) incorporate periodic training and drill programs to 
        evaluate whether the personnel and equipment provided under the 
        plan are in a state of operational readiness at all times;
            ``(8) state the means of protecting and mitigating the 
        effects of an oil spill on the environment;
            ``(9) provide a detailed description of equipment, 
        training, and procedures to be used by the crew of a vessel to 
        minimize vessel damage, and to stop or reduce oil spilling from 
        the vessel;
            ``(10) provide arrangements for prepositioning oil spill 
        containment and cleanup equipment and trained personnel;
            ``(11) provide arrangements for enlisting the use of 
        qualified and trained cleanup personnel to implement the plan;
            ``(12) provide for the disposal of recovered oil in 
        accordance with local, State, and Federal law;
            ``(13) state the measures that have been taken to reduce 
        the likelihood that an oil spill will occur; and
            ``(14) state the amount and type of equipment available to 
        respond to a spill, where the equipment is located, and the 
        extent to which other response plans rely on the same 
        equipment.
``Sec. 4805. Submittal of response plans
    ``(a) A response plan under this chapter shall be submitted to the 
Secretary for each vessel to which this chapter applies, within 12 
months after the Secretary prescribes regulations under this chapter.
    ``(b) A response plan under this chapter for operations of a vessel 
may be submitted by--
            ``(1) the owner or operator of the vessel, including a 
        person authorized to submit a plan under a contract with the 
        owner or operator pursuant to subsection (c);
            ``(2) the owner or operator of any facility at which the 
        vessel will be loading or unloading its cargo; or
            ``(3) a qualified maritime cooperative in which the owner 
        or operator of the vessel is a participating member.
    ``(c)(1) A person that has contracted with the owner or operator of 
a vessel to provide containment and cleanup services for operations of 
the vessel and that meets the standards prescribed by the Secretary 
under this chapter may submit the response plan required under this 
chapter for those operations.
    ``(2) Subject to conditions imposed by the Secretary, a person 
referred to in paragraph (1) may submit a single plan under this 
chapter for more than one vessel with respect to which the person is 
contractually obligated to provide containment and cleanup services.
    ``(d)(1) A maritime cooperative may submit a response plan under 
this chapter for a group of vessels owned or operated by members of the 
cooperative.
    ``(2) A maritime cooperative shall have a lien on a vessel owned or 
operated by a member of the cooperative--
            ``(A) for any regular operating assessments made by the 
        cooperative with respect to the vessel; and
            ``(B) for any direct costs incurred by the cooperative in 
        providing oil spill response or oil spill-related 
        communications services for the vessel.
``Sec. 4806. Review and approval of response plans
    ``(a) In reviewing a response plan submitted under this chapter, 
the Secretary shall consider, among other matters, the following 
factors:
            ``(1) The adequacy of containment and cleanup equipment, 
        personnel, communications equipment, notification procedures, 
        response time, and logistical arrangements for coordination and 
        implementation of response efforts to remove oil spills 
        promptly and properly and to protect the environment.
            ``(2) The nature and amount of vessel traffic within the 
        area covered by the plan.
            ``(3) The volume and type of oil being transported within 
        the area covered by the plan.
            ``(4) The existence of navigational hazards within the area 
        covered by the plan.
            ``(5) The history and circumstances surrounding prior 
        spills of oil within the area covered by the plan.
            ``(6) The sensitivity of fisheries and wildlife and other 
        natural resources within the area covered by the plan.
            ``(7) Relevant information on previous spills contained in 
        on-scene coordinator reports covered by the plan.
            ``(8) The extent to which reasonable, cost-effective 
        measures to reduce the likelihood that a spill will occur have 
        been incorporated into the plan.
            ``(9) The number of covered vessels calling in and the 
        facilities located in the geographic area and the resulting 
        ability of State and local agencies and industry groups to 
        develop, finance, and maintain a response plan and spill 
        response system for those vessels.
            ``(10) The spill response equipment and resources available 
        to a person providing a response plan for vessels under the 
        response plans filed by the person under State or Federal law 
        for other covered vessels or facilities owned or operated by 
        that person.
    ``(b) The Secretary may approve a response plan only if the 
Secretary determines that the plan--
            ``(1) meets the requirements established under section 4804 
        of this title; and
            ``(2) will ensure, to the maximum extent practicable, 
        removal of oil promptly, properly, and with minimal damage to 
        the environment.
    ``(c) On approval of a response plan, the Secretary shall issue to 
the person that submitted the plan a certificate stating that the plan 
has been approved. The certificate shall include the name of each 
vessel for which the certificate is issued, the effective date of the 
plan, and the date by which the plan must be submitted for renewal.
    ``(d) An owner or operator of a covered vessel or facility shall 
notify the Secretary in writing immediately of any significant change 
affecting any response plan approved for the vessel or facility under 
this chapter, including changes in any factor set forth in this section 
or regulations prescribed under this section. The Secretary may require 
the owner or operator to update a response plan as a result of these 
changes.
    ``(e) A holder of an approved response plan shall not be considered 
to have violated the terms of the response plan by furnishing to 
another person having a response plan approved under this chapter, 
after notifying the Secretary, equipment, materials or personnel to 
assist the other person in a response to an oil discharge.
    ``(f) The Secretary may impose any reasonable term or condition on 
approval or modification of a response plan under this chapter that the 
Secretary determines is necessary to ensure that the applicant--
            ``(1) has access to sufficient resources to protect 
        environmentally sensitive areas and to prevent, contain, clean 
        up and mitigate potential oil discharges from the vessel to 
        which the plan applies;
            ``(2) maintains personnel levels sufficient to carry out 
        emergency operations; and
            ``(3) complies with the response plan.
    ``(g) The Secretary may not approve or renew a response plan under 
this chapter unless the plan ensures the use by the applicant of the 
best technology available at the time the response plan was submitted 
or renewed.
    ``(h) The Secretary may require an applicant or a holder of an 
approved response plan to take steps necessary to demonstrate its 
ability to carry out the response plan, including--
            ``(1) periodic training;
            ``(2) response team exercises; and
            ``(3) verification of access to inventories of equipment, 
        supplies, and personnel identified as available in the response 
        plan.
    ``(i)(1) The Secretary may delegate to a State the authority to 
approve response plans under this chapter for vessel operations in that 
State, to the extent that the laws of the State establish response plan 
requirements that are substantially similar to requirements established 
by the Secretary under section 4804 of this title.
    ``(2) This subsection does not authorize the Secretary to delegate 
to a State the authority to regulate vessel design, construction, 
equipment, manning, training, or operational requirements.
    ``(j) The approval of a response plan by the Secretary does not 
constitute an express assurance regarding the adequacy of the plan or 
constitute a defense to liability imposed under Federal or State 
law.''.

SEC. 3. LIMITS OF LIABILITY AND CERTIFICATES OF FINANCIAL 
              RESPONSIBILITY FOR NONTANK VESSELS.

    Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2703) is 
amended--
            (1) by striking ``$600'' and inserting ``$806''; and
            (2) by striking ``$500,000'' and inserting ``$672,000''.

SEC. 4. VOYAGE DATA RECORDERS.

    Section 3305 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(d)(1) A passenger vessel, small passenger vessel, and freight 
vessel (including a foreign vessel) to which this paragraph applies 
shall be equipped with a voyage data recorder of a type prescribed by 
the Secretary. In prescribing the type of voyage data recorder for a 
vessel, the Secretary shall consider the type, size, and 
characteristics of the vessel.
    ``(2) Paragraph (1) of this subsection applies as follows:
            ``(A) To any small passenger vessel certified by the 
        Secretary to carry more than 100 passengers, a high speed 
        commercial vessel, or a passenger vessel built after June 30, 
        2002.
            ``(B) On and after June 30, 2002, to any roll-on-roll-off 
        passenger vessel on an international voyage (including a 
        voyage-to-nowhere), if the vessel was built before July 1, 
        2000.
            ``(C) On and after January 1, 2004, to any passenger vessel 
        or small passenger vessel on an international voyage (including 
        a voyage-to-nowhere), if the vessel was built before July 1, 
        2002.
            ``(D) On and after January 1, 2004, to any freight vessel 
        of 20,000 or more gross tons, if the vessel was built after 
        June 30, 2002.
            ``(E) On and after January 1, 2006, to any freight vessel 
        of 3,000 or more gross tons and less than 20,000 gross tons, if 
        the vessel was built after June 30, 2002.
            ``(F) On and after January 1, 2007, to any freight vessel 
        of 20,000 or more gross tons on an international voyage 
        (including a voyage-to-nowhere), if the vessel was built before 
        July 1, 2002.
            ``(G) On and after January 1, 2009, to any freight vessel 
        of 3,000 or more gross tons and less than 20,000 gross tons, on 
        an international voyage (including a voyage-to-nowhere), if the 
        vessel was built before July 1, 2002.''.

SEC. 5. INVESTIGATIONS OF CASUALTY RESPONSE.

    Section 6301 of title 46, United States Code, is amended--
            (1) by inserting ``, and responses to those casualties,'' 
        after ``marine casualties''; and
            (2) in paragraph (6) by inserting ``or improve the response 
        to future casualties'' after ``recurrence of the casualty''.

SEC. 6. AUTOMATED INFORMATION SYSTEM.

    (a) Transponder Requirement.--
            (1) In general.--Subject to paragraph (2), the following 
        vessels, while operating on the navigable waters of the United 
        States, shall be equipped with a position indicating 
        transponder and an appropriate situation display or other 
        device suitable for accessing information made available by the 
        transponder system, in accordance with regulations prescribed 
        by the Secretary of Transportation:
                    (A) Vessels subject to Public Law 92-63.
                    (B) Small passenger vessels carrying more than a 
                number of passengers determined by the Secretary of 
                Transportation.
                    (C) Towing vessels while towing astern or pushing 
                ahead or alongside, except commercial assistance towing 
                vessels rendering assistance to disabled small vessels.
            (2) Exemption.--The Secretary may exempt a vessel from 
        paragraph (1) if the Secretary finds that a transponder is not 
        necessary for the safe navigation of the vessel on the waters 
        on which the vessel operates.
    (b) Regulations.--The Secretary of Transportation shall issue 
regulations implementing subsection (a), including requirements for the 
operation and maintenance of transponders required under subsection 
(a).
    (c) Application.--Subsection (a) shall apply as follows:
            (1) On and after July 1, 2002, to--
                    (A) vessels built after that date; and
                    (B) vessels operating within the geographic 
                boundaries of a Vessel Traffic Service.
            (2) On and after July 1, 2003, to--
                    (A) passenger vessels;
                    (B) tankers; and
                    (C) towing vessels engaged in moving a tank vessel.
            (3) On and after July 1, 2005, to all other vessels.

SEC. 7. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS.

    (a) Prohibition.--The Port and Waterways Safety Act (33 U.S.C. 1221 
et seq.) is amended by adding at the end the following:

``SEC. 15. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS.

    ``The Secretary may prohibit the loading or unloading of a vessel 
in any port or place subject to the jurisdiction of the United States 
if the vessel is registered in a country that the Secretary finds fails 
to adequately enforce safety standards prescribed by the International 
Maritime Organization.''.
    (b) Review.--Within one year after the date of enactment of this 
Act, the Secretary shall--
            (1) determine the 5 countries having the greatest number of 
        vessels registered in the country that were detained by the 
        Coast Guard in 1999 for violation of a safety standard 
        prescribed by the International Maritime Organization; and
            (2) review and report to the Congress regarding whether 
        those countries have, since December 31, 1999, adequately 
        enforced safety standards prescribed by such organization.
    (c) Innocent Passage and Transit Not Affected.--Nothing in this 
section is intended to prevent entry into waters subject to the 
jurisdiction of the United States by a vessel under an international 
agreement to which the United States is a party.

SEC. 8. ELIMINATION OF SINGLE HULLS OVER BUNKER TANKS.

    The Secretary of Transportation shall propose to and seek to 
negotiate at the International Maritime Organization the elimination of 
single hull bunker tanks on commercial vessels capable of carrying more 
than 1,000 barrels of fuel on board. The proposal shall include--
            (1) a requirement prohibiting the operation of any such 
        vessel built after January 1, 2004, that has a single hull 
        bunker tank; and
            (2) a phaseout schedule for such vessels built before that 
        date that have a single hull bunker tank.
                                 <all>
```