Calendar No. 466

104TH CONGRESS

2D SESSION S. 1730

[Report No. 104–292]

A BILL

To amend the Oil Pollution Act of 1990 to make

and for other purposes.by oil spills are promptly and fully compensated,to ensure that citizens and communities injuredtion of, and improved response to, oil spills, andin the Nation’s waters through enhanced preventhe Act more effective in preventing oil pollution

JUNE 26, 1996

Reported with an amendment
II

Calendar No. 466

104TH CONGRESS

2D SESSION S. 1730

[Report No. 104–292]

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 SENATE OF THE UNITED STATES

MAY 7, 1996

Mr. CHAFEE (for himself, Mr. LIEBERMAN, Mr. LAUTENBERG, Mr. PELL, and

Mr. DODD) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

JUNE 26, 1996

Reported by Mr. CHAFEE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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.
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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’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 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.

8 SEC. 2. DEFINITION OF SECRETARY.

9 In this Act, the term ‘‘Secretary’’ means the Sec10 retary of Transportation, acting through the United

11 States Coast Guard.
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1 TITLE I—ENHANCEMENT OF OIL

2 SPILL PREVENTION

3 SEC. 101. INTERIM OIL SPILL PREVENTION MEASURES FOR

4 SINGLE-HULL VESSELS.

5 (a) EFFECTIVENESS OF PROPOSED RULE.—Section

6 4115(b) of the Oil Pollution Act of 1990 (46 U.S.C. 3703a

7 note) is amended—

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

9 the following:

10 ‘‘(1) IN GENERAL.—The Secretary’’; and

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

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

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

15 59 months after the date specified in paragraph (1),

16 the proposed rule in the Supplemental Notice of

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

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

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

20 rule becomes effective.

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

22 under this subsection with respect to structural ele23 ments does not become effective by the date that is

24 64 months after the date specified in paragraph (1),

25 the proposed rule in the Notice of Proposed Rule-
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1 making (58 Fed. Reg. 54,870 (1993)) shall be con2 sidered to be in effect as a final rule as of that date

3 and shall remain in effect until a final rule becomes

4 effective.’’.

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

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

7 amended by subsection (a), is amended by adding at the

8 end the following:

9 ‘‘(4) PROVISIONS TO BE INCLUDED.—

10 ‘‘(A) IN GENERAL.—In issuing rules under

11 this subsection, the Secretary shall include the

12 following provisions to the greatest extent prac13 ticable:

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

15 barge over 5,000 gross tons operating in

16 open ocean or coastal waters that is af17 fected by this section have at least 1 of the

18 following:

19 ‘‘(I) A crew member on board

20 and an operable anchor.

21 ‘‘(II) An emergency system on

22 board the vessel towing the barge to

23 retrieve the barge if the tow line rup24 tures.
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1 ‘‘(III) Adoption of any other

2 measure that provides comparable

3 protection against grounding of the

4 barge as that provided by a measure

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

6 ‘‘(ii) In cooperation with the captain

7 of the port for each port in which any tank

8 vessel not fitted with a double bottom that

9 covers the entire cargo tank length oper10 ates, establishment of a minimum under11 keel clearance for the vessel when entering

12 the port or place of destination and when

13 departing port.

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

15 under this subsection, the Secretary shall—

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

17 that advance the objectives of this section,

18 not only those determined to be the most

19 cost-effective or most cost-efficient;

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

21 including the safety of crew members on

22 affected tank vessels; and

23 ‘‘(iii) consider measures that prevent

24 collision or grounding of a tank vessel in

25 addition to those that reduce oil outflow
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1 after such a collision or grounding has oc2 curred.’’.

3 SEC. 102. INCENTIVE FOR OIL SHIPPERS TO CONVERT SIN4 GLE HULL VESSELS TO DOUBLE HULL VES5 SELS.

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

7 U.S.C. 2704(c)) is amended—

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

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

10 (4), subsection (a)’’; and

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

12 ‘‘(4) DOUBLE-HULLED VESSELS.—The excep13 tion in paragraph (1)(B) shall not apply—

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

15 of enactment of this paragraph, is equipped

16 with a double hull; or

17 ‘‘(B) to a double hull vessel that is replac18 ing another tank vessel not equipped with a

19 double hull that is being retired at least 5 years

20 prior to the applicable retirement date under

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

22 Code.’’.
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1 SEC. 103. PREVENTION OF OIL SPILLS BY IMPROVEMENT

2 OF SAFETY OF TOWING VESSELS.

3 (a) DEADLINE ON ISSUANCE OF FINAL REGULA4 TIONS.—If a final rule on navigation safety equipment for

5 towing vessels does not become effective by September 30,

6 1996, the proposed rule in the Notice of Proposed Rule7 making (60 Fed. Reg. 55890 (1995)) shall be considered

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

9 remain in effect until a final rule becomes effective.

10 (b) CONSIDERATION OF FIRE-SUPPRESSION EQUIP11 MENT IN TOWING SAFETY RULEMAKING.—In issuing a

12 final rule on Navigation Safety Equipment for Towing

13 Vessels in accordance with subsection (a), the Secretary

14 shall establish a requirement that a towing vessel have a

15 fire-suppression system or other equipment to provide ade16 quate assurance that an onboard fire can be suppressed

17 under reasonably foreseeable circumstances.

18 SEC. 104. OTHER OIL PREVENTION ENHANCEMENT MEAS19 URES.

20 (a) REQUIREMENT FOR STUDY OF OIL SPILL

21 RISKS.—

22 (1) IN GENERAL.—The Secretary shall coordi23 nate with the Marine Board of the National Re24 search Council on a study into how the designation

25 of waters through which tank vessels transport oil,
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1 and the designation of shipping lanes for tank ves2 sels, affect the risk of an oil spill.

3 (2) RECOMMENDATIONS.—In the study under

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

5 Research Council shall recommend to the Secretary

6 any changes to designations of waters that would

7 minimize the risk of oil spills.

8 (b) DREDGING OF RHODE ISLAND WATERWAYS.—

9 The Chief of Engineers of the Army Corps of Engineers,

10 in conjunction with the Secretary and other relevant agen11 cies, shall—

12 (1) review the report of the commission con13 vened by the Governor of Rhode Island on dredging

14 Rhode Island waterways; and

15 (2) not later than 120 days after issuance of

16 the report, submit to the Committee on Environment

17 and Public Works of the Senate and the Committee

18 on Transportation and Infrastructure of the House

19 of Representatives any recommendations that the

20 Chief of Engineers may have concerning the feasibil21 ity and environmental effects of the dredging.

22 (c) LIGHTERING OPERATIONS.—The first sentence of

23 section 3715(b) of title 46, United States Code, is amend24 ed by striking ‘‘of this section’’ and inserting ‘‘that include

25 requirements that the Secretary determines will provide
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1 protection to the environment that is as substantial as is

2 economically and technologically feasible.’’.

3 TITLE II—IMPROVEMENT OF

4 RESPONSES TO OIL SPILLS

5 SEC. 201. ACCESS TO TIMELY SHORT-TERM FINANCIAL AS6 SISTANCE FOR PERSONS INJURED BY OIL

7 SPILLS.

8 (a) DAMAGES FOR LOSS OF PROFITS OR IMPAIR9 MENT OF EARNING CAPACITY.—Section 1002(b)(2)(E) of

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

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

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

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

14 less than the full amount of damages to which the claim15 ant ultimately may be entitled under this subparagraph

16 shall not preclude recovery by the claimant for damages

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

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

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

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

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

22 than the full amount of damages to which the claimant

23 ultimately may be entitled,’’.

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

25 Pollution Act of 1990 (33 U.S.C. 2714(b)) is amended—
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1 (1) by striking ‘‘If a responsible party’’ and in2 serting the following:

3 ‘‘(1) IN GENERAL.—If a responsible party’’;

4 and

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

6 ‘‘(2) CLAIM FOR INTERIM DAMAGES.—An ad7 vertisement under paragraph (1) shall state that a

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

9 damages representing less than the full amount of

10 damages to which the claimant ultimately may be

11 entitled and payment of such a claim shall not pre12 clude recovery for damages not reflected in the paid

13 or settled partial claim.’’.

14 (d) SUBROGATION.—Section 1015(a) of the Oil Pol15 lution Act of 1990 (33 U.S.C. 2715(a)) is amended—

16 (1) by redesignating subsection (b) as sub17 section (c); and

18 (2) by inserting after subsection (a) the follow19 ing:

20 ‘‘(c) INTERIM DAMAGES.—

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

22 guarantor, or the Fund has made payment to a

23 claimant for interim, short-term damages represent24 ing less than the full amount of damages to which

25 the claimant ultimately may be entitled, subrogation
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1 under subsection (a) shall apply only with respect to

2 the portion of the claim reflected in the paid interim

3 claim.

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

5 claim shall not foreclose claimant’s right to recovery

6 of all damages to which a claimant otherwise is enti7 tled under this title or any other law.’’.

8 SEC. 202. ADVANCE PLANNING AND COORDINATION TO EN9 SURE PROMPT DECISIONMAKING ON RE10 OPENING AND CLOSING OF FISHING

11 GROUNDS.

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

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

14 1321(j)(4)(D)) is amended—

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

16 (2) in clause (ii) by striking the period and in17 serting ‘‘; and’’; and

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

19 ‘‘(iii) acting through the Under Sec20 retary of Commerce for Oceans and At21 mosphere and in consultation with the Ad22 ministrator, the Director of the United

23 States Fish and Wildlife Service, and other

24 affected agencies, issue guidance for Area

25 Committees to use in developing a frame-
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1 work for advanced planning and decision2 making with respect to the closing and re3 opening of fishing grounds following an oil

4 spill, which guidance shall include model

5 protocols and standards for the closing and

6 reopening of fishing areas.’’.

7 (b) REQUIREMENT THAT AREA CONTINGENCY

8 PLANS CONTAIN AREA-SPECIFIC PROTOCOLS AND

9 STANDARDS.—

10 (1) COOPERATION WITH STATE AND LOCAL OF11 FICIALS.—Section 311(j)(4)(B)(ii) of the Federal

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

13 1321(j)(4)(B)(ii)) is amended by inserting after

14 ‘‘wildlife’’ the following: ‘‘, including advance plan15 ning with respect to the closing and reopening of

16 fishing grounds following an oil spill’’.

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

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

19 1321(j)(4)(C)) is amended—

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

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

22 (B) by inserting after clause (vi) the fol23 lowing:

24 ‘‘(vii) develop a framework for advanced

25 planning and decisionmaking with respect to
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1 the closing and reopening of fishing grounds

2 following an oil spill, including protocols and

3 standards for the closing and reopening of fish4 ing areas;’’.

5 SEC. 203. QUALIFICATION OF MAJOR OIL SPILLS AS MAJOR

6 DISASTERS.

7 (a) ADDITION OF MAJOR OIL SPILLS TO LIST OF

8 DISASTERS QUALIFYING FOR NATIONAL DISASTER AS9 SISTANCE.—Section 102(2) of the Robert T. Stafford Dis10 aster Relief and Emergency Assistance Act (42 U.S.C.

11 5122(2)) is amended by inserting ‘‘major oil spill’’ after

12 ‘‘flood,’’.

13 (b) SUBROGATION OF MONEYS PAID UNDER DES14 IGNATION OF MAJOR OIL SPILL AS MAJOR DISASTER.—

15 Section 1015 of the Oil Pollution Act of 1990 (33 U.S.C.

16 2715) (as amended by section 201(d)(2)) is amended by

17 adding at the end the following:

18 ‘‘(d) SUBROGATION OF MONEYS PAID UNDER DES19 IGNATION OF OIL SPILL AS MAJOR DISASTER.—The

20 United States shall acquire by subrogation the right to

21 seek from the responsible party, its guarantor, or the

22 Fund any moneys paid by the United States under section

23 102(2) of the Robert T. Stafford Disaster Relief and

24 Emergency Assistance Act (42 U.S.C. 5122(2)) to provide

25 short-term financial assistance that has the effect of miti-
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1 gating damages to which the recipient would be entitled

2 under this Act.’’.

3 SEC. 204. ACCESS TO OIL SPILL LIABILITY TRUST FUND

4 FOR NATURAL RESOURCE DAMAGES.

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

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

7 inserting the following:

8 ‘‘(b) EXCEPTIONS.—

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

10 apply to—

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

12 or 5006(b); or

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

14 for any fiscal year that the President may make

15 available from the Fund to—

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

17 Federal Water Pollution Control Act (33

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

19 ‘‘(ii) conduct the assessment of natu20 ral resource damages required under sec21 tion 1006;

22 ‘‘(iii) develop restoration plans; and

23 ‘‘(iv) implement the initial phases of

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

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

4 SEC. 205. 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) in paragraph (5) by striking the period at

12 the end of paragraph (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, a level and of a type that are needed to miti17 gate ecological injury, as determined solely by the

18 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)) is amended—
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1 (A) by redesignating clauses (ix) and (x)

2 as clauses (x) and (xi), 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. 206. 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.’’.

9 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

10 (a) SHORT TITLE.—This Act may be cited as the ‘‘Oil

11 Spill Prevention and Response Improvement Act’’.

12 (b) TABLE OF CONTENTS.—The table of contents of this

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

Sec. 204. Access to necessary information, expertise, and funding to mitigate

near-term ecological injury resulting from oil spill.

Sec. 205. Compliance with response plans.

TITLE III—TAILORING OF OFFSHORE FACILITY FINANCIAL

RESPONSIBILITY REQUIREMENTS TO OIL SPILL RISKS

Sec. 301. Tailoring of offshore facility financial responsibility requirements to oil

spill risks.
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TITLE IV—MISCELLANEOUS TECHNICAL AMENDMENTS

Sec. 401. Miscellaneous technical amendments.

1 SEC. 2. DEFINITION OF SECRETARY.

2 In this Act, the term ‘‘Secretary’’ means the Secretary

3 of Transportation, acting through the United States Coast

4 Guard.

5 TITLE I—ENHANCEMENT OF OIL

6 SPILL PREVENTION

7 SEC. 101. INTERIM OIL SPILL PREVENTION MEASURES FOR

8 SINGLE-HULL VESSELS.

9 (a) EFFECTIVENESS OF PROPOSED RULE.—Section

10 4115(b) of the Oil Pollution Act of 1990 (46 U.S.C. 3703a

11 note) is amended—

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

13 the following:

14 ‘‘(1) IN GENERAL.—The Secretary’’; and

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

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

17 under this subsection with respect to operational ele18 ments does not become effective by the date that is 59

19 months after the date specified in paragraph (1), the

20 proposed rule in the Supplemental Notice of Proposed

21 Rulemaking (60 Fed. Reg. 55,904 (1995)) shall be

22 considered to be in effect as a final rule as of that

23 date and shall remain in effect until a final rule be24 comes effective.
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1 ‘‘(3) STRUCTURAL ELEMENTS.—If a final rule

2 under this subsection with respect to structural ele3 ments does not become effective by the date that is 64

4 months after the date specified in paragraph (1), the

5 proposed rule in the Notice of Proposed Rulemaking

6 (58 Fed. Reg. 54,870 (1993)) shall be considered to be

7 in effect as a final rule as of that date and shall re8 main in effect until a final rule becomes effective, ex9 cept provision in the proposed rule with respect to

10 which the Secretary may issue a finding on the record

11 that the provision would be likely to increase the risks

12 of oil pollution.’’.

13 (b) PREVENTION MEASURES.—Section 4115(b) of the

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

15 amended by subsection (a), is amended by adding at the

16 end the following:

17 ‘‘(4) PROVISIONS TO BE INCLUDED.—

18 ‘‘(A) IN GENERAL.—In issuing rules under

19 this subsection, the Secretary shall include the

20 following provisions to the greatest extent prac21 ticable and consistent with relevant statutory

22 criteria:

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

24 barge over 5,000 gross tons operating in

25 open ocean or coastal waters that is affected
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1 by this section have at least 1 of the follow2 ing:

3 ‘‘(I) A crew member on board and

4 an operable anchor.

5 ‘‘(II) An emergency system on

6 board the vessel towing the barge to re7 trieve the barge if the tow line rup8 tures.

9 ‘‘(III) Adoption of any other

10 measure that provides comparable pro11 tection against grounding of the barge

12 as that provided by a measure de13 scribed in subclause (I) or (II).

14 ‘‘(ii) For each port in which any tank

15 vessel not fitted with a double bottom that

16 covers the entire cargo tank length operates,

17 establishment of a minimum under-keel

18 clearance for the vessel when entering the

19 port or place of destination, when departing

20 port, and when operating in an inland or

21 coastal waterway.

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

23 under this subsection, the Secretary shall—

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

25 that the Secretary finds meet the criteria of
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1 this section, not only those determined to be

2 the most cost-effective or most cost-efficient;

3 ‘‘(ii) take account of human safety, in4 cluding the safety of crew members on af5 fected tank vessels; and

6 ‘‘(iii) consider measures that prevent

7 collision or grounding of a tank vessel in

8 addition to those that reduce oil outflow

9 after such a collision or grounding has oc10 curred.

11 ‘‘(C) INCLUSION IN FINAL RULE.—If, in the

12 discretion of the Secretary, the Secretary finds it

13 necessary, the Secretary may include the provi14 sions of subparagraph (A) in conjunction and si15 multaneously with the final rule with respect to

16 structural elements referenced to paragraph

17 (3).’’.

18 SEC. 102. INCENTIVE FOR OIL SHIPPERS TO CONVERT

19 SINGLE-HULL VESSELS TO DOUBLE-HULL

20 VESSELS.

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-HULL VESSELS.—The exception in

3 paragraph (1)(B) shall not apply—

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

5 enactment of this paragraph, is equipped with a

6 double hull along the entire length of the vessel,

7 including fuel oil tanks; or

8 ‘‘(B) to a vessel that is equipped with a

9 double hull along the entire length of the vessel,

10 including fuel oil tanks, and that is replacing

11 another tank vessel not equipped with a double

12 hull that is being retired at least 5 years prior

13 to the applicable retirement date under section

14 3703a(c) of title 46, United States Code.’’.

15 SEC. 103. PREVENTION OF OIL SPILLS BY IMPROVEMENT OF

16 SAFETY OF TOWING VESSELS.

17 (a) DEADLINE ON ISSUANCE OF FINAL REGULA18 TIONS.—

19 (1) IN GENERAL.—The Secretary shall issue and

20 place in effect a final rule on navigation safety equip21 ment for towing vessels by September 30, 1996.

22 (2) DEFAULT.—If a final rule on navigation

23 safety equipment for towing vessels does not become

24 effective by September 30, 1996, the proposed rule in

25 the Notice of Proposed Rulemaking (60 Fed. Reg.
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1 55890 (1995)) shall be considered to be in effect as a

2 final rule as of that date and shall remain in effect

3 until a final rule becomes effective.

4 (b) INCLUSION OF FIRE-SUPPRESSION AND ELEC5 TRONIC POSITION-FIXING EQUIPMENT AND REGULAR IN6 SPECTION REQUIREMENTS IN TOWING SAFETY RULE7 MAKING.—In issuing a final rule on Navigation Safety

8 Equipment for Towing Vessels in accordance with sub9 section (a), the Secretary shall establish requirements

10 that—

11 (1) a towing vessel have a fire-suppression sys12 tem or other equipment to provide adequate assurance

13 that an onboard fire can be suppressed under reason14 ably foreseeable circumstances;

15 (2) a towing vessel carry on board an electronic

16 position fixing device; and

17 (3) the owner, master, or operator of a towing

18 vessel ensure that—

19 (A) tests and inspections of equipment nec20 essary for safe navigation and operation occur at

21 regular intervals sufficient to provide for the

22 continued proper functioning of the towing ves23 sel;
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1 (B) inspections of gear necessary for safe

2 navigation and operation occur before departing

3 from port or at least weekly; and

4 (C) the results of each such test is recorded

5 in a cost-effective manner.

6 SEC. 104. OTHER OIL PREVENTION ENHANCEMENT MEAS7 URES.

8 (a) REQUIREMENT FOR STUDY OF OIL SPILL RISKS.—

9 (1) IN GENERAL.—The Secretary shall coordi10 nate with the Marine Board of the National Research

11 Council on a study into how the designation of waters

12 through which tank vessels transport oil, and the des13 ignation of shipping lanes for tank vessels, affect the

14 risk of an oil spill.

15 (2) RECOMMENDATIONS.—In the study under

16 paragraph (1), the Marine Board of the National Re17 search Council shall recommend to the Secretary any

18 changes to designations of waters and shipping lanes

19 that would minimize the risk of oil spills.

20 (b) DREDGING OF RHODE ISLAND WATERWAYS.—The

21 Chief of Engineers of the Army Corps of Engineers, in con22 junction with the Secretary and other relevant agencies,

23 shall—
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1 (1) review the report of the commission convened

2 by the Governor of Rhode Island on dredging Rhode

3 Island waterways; and

4 (2) not later than 120 days after issuance of the

5 report, submit to the Committee on Environment and

6 Public Works of the Senate and the Committee on

7 Transportation and Infrastructure of the House of

8 Representatives any recommendations that the Chief

9 of Engineers may have concerning the feasibility and

10 environmental effects of the dredging.

11 (c) LIGHTERING OPERATIONS.—The first sentence of

12 section 3715(b) of title 46, United States Code, is amended

13 by striking ‘‘of this section’’ and inserting ‘‘that include re14 quirements that the Secretary determines will provide pro15 tection to the environment that is as substantial as is eco16 nomically and technologically feasible.’’.

17 TITLE II—IMPROVEMENT OF

18 RESPONSES TO OIL SPILLS

19 SEC. 201. ACCESS TO TIMELY SHORT-TERM FINANCIAL AS20 SISTANCE FOR PERSONS INJURED BY OIL

21 SPILLS.

22 (a) DAMAGES FOR LOSS OF PROFITS OR IMPAIRMENT

23 OF EARNING CAPACITY.—Section 1002(b)(2)(E) of the Oil

24 Pollution Act of 1990 (33 U.S.C. 2702(b)(2)(E)) is amended

25 by striking the period at the end and inserting the follow-
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1 ing: ‘‘, in part or in full. Payment or settlement of a claim

2 for interim, short-term damages representing less than the

3 full amount of damages to which the claimant ultimately

4 may be entitled under this subparagraph shall not preclude

5 recovery by the claimant for damages not reflected in the

6 paid or settled partial claim.’’.

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

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

9 inserting after ‘‘unavailable’’ the following: ‘‘including a

10 claim for interim, short-term damages representing less

11 than the full amount of damages to which the claimant ulti12 mately may be entitled,’’.

13 (c) ADVERTISEMENT.—Section 1014(b) of the Oil Pol14 lution Act of 1990 (33 U.S.C. 2714(b)) is amended—

15 (1) by striking ‘‘If a responsible party’’ and in16 serting the following:

17 ‘‘(1) IN GENERAL.—If a responsible party’’; and

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

19 ‘‘(2) CLAIM FOR INTERIM DAMAGES.—An adver20 tisement under paragraph (1) shall state that a

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

22 damages representing less than the full amount of

23 damages to which the claimant ultimately may be en24 titled and payment of such a claim shall not preclude
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1 recovery for damages not reflected in the paid or set2 tled partial claim.’’.

3 (d) SUBROGATION.—Section 1015(a) of the Oil Pollu4 tion Act of 1990 (33 U.S.C. 2715(a)) is amended—

5 (1) by redesignating subsection (b) as subsection

6 (c); and

7 (2) by inserting after subsection (a) the follow8 ing:

9 ‘‘(b) INTERIM DAMAGES.—

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

11 guarantor, or the Fund has made payment to a

12 claimant for interim, short-term damages represent13 ing less than the full amount of damages to which the

14 claimant ultimately may be entitled, subrogation

15 under subsection (a) shall apply only with respect to

16 the portion of the claim reflected in the paid interim

17 claim.

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

19 shall not foreclose claimant’s right to recovery of all

20 damages to which a claimant otherwise is entitled

21 under this title or any other law.’’.
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1 SEC. 202. ADVANCE PLANNING AND COORDINATION TO EN2 SURE PROMPT DECISIONMAKING ON RE3 OPENING AND CLOSING OF FISHING

4 GROUNDS.

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

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

7 1321(j)(4)(D)) is amended—

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

9 (2) in clause (ii) by striking the period and in10 serting ‘‘; and’’; and

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

12 ‘‘(iii) acting through the Under Sec13 retary of Commerce for Oceans and Atmos14 phere and in consultation with the Admin15 istrator, the Commissioner of Food and

16 Drugs, the Director of the United States

17 Fish and Wildlife Service, and other af18 fected Federal and State agencies, issue

19 guidance for Area Committees to use in de20 veloping a framework for advanced plan21 ning and decisionmaking with respect to the

22 closing and reopening of fishing grounds

23 following an oil spill, which guidance shall

24 include model protocols and standards for

25 the closing and reopening of fishing areas.’’.
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1 (b) REQUIREMENT THAT AREA CONTINGENCY PLANS

2 CONTAIN AREA-SPECIFIC PROTOCOLS AND STANDARDS.—

3 (1) COOPERATION WITH STATE AND LOCAL OFFI4 CIALS.—Section 311(j)(4)(B)(ii) of the Federal Water

5 Pollution Control Act (33 U.S.C. 1321(j)(4)(B)(ii)) is

6 amended by inserting after ‘‘wildlife’’ the following: ‘‘,

7 including advance planning with respect to the clos8 ing and reopening of fishing grounds following an oil

9 spill’’.

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

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

12 1321(j)(4)(C)) is amended—

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

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

15 (B) by inserting after clause (vi) the follow16 ing:

17 ‘‘(vii) develop a framework for advanced

18 planning and decisionmaking with respect to the

19 closing and reopening of fishing grounds follow20 ing an oil spill, including protocols and stand21 ards for the closing and reopening of fishing

22 areas;’’.
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1 SEC. 203. ACCESS TO OIL SPILL LIABILITY TRUST FUND

2 FOR NATURAL RESOURCE DAMAGES.

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

4 U.S.C. 2752) is amended by striking subsection (b) and in5 serting the following:

6 ‘‘(b) EXCEPTIONS.—

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

8 apply to—

9 ‘‘(A) section 1006(f), 1012(a)(4), or 5006(b);

10 or

11 ‘‘(B) an amount not exceeding $60,000,000

12 for any fiscal year that the President may make

13 available from the Fund to—

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

15 Federal Water Pollution Control Act (33

16 U.S.C. 1321(c)); and

17 ‘‘(ii) conduct the assessment of natural

18 resource damages required under section

19 1006;

20 ‘‘(2) AVAILABILITY.—Amounts to which this sub21 section applies shall remain available until ex22 pended.’’.
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1 SEC. 204. ACCESS TO NECESSARY INFORMATION, EXPER2 TISE, AND FUNDING TO MITIGATE NEAR3 TERM ECOLOGICAL INJURY RESULTING

4 FROM OIL SPILL.

5 (a) ACCESS TO FUNDS TO MITIGATE NEAR-TERM IN6 JURY.—Section 1012(a) of the Oil Pollution Act of 1990

7 (33 U.S.C. 2712(a)) is amended—

8 (1) in paragraph (5) by striking the period at

9 the end of paragraph (5); and

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

11 ‘‘(6) the payment of costs to mitigate or avoid ec12 ological injury in the immediate aftermath of a spill

13 (including costs of management activities at a level

14 and of a type necessary for such a purpose, as deter15 mined solely by the Federal On-Scene Coordinator);

16 and

17 ‘‘(7) the plugging of idle oil wells that pose a

18 substantial safety or environmental risk under a cost19 sharing agreement with the State in which such a

20 well is located, under which agreement the State

21 maintains legal and operational responsibility for the

22 plugging and pays a minimum of 50 percent of the

23 necessary costs.’’.

24 (b) ACCESS TO SCIENTISTS WITH RELEVANT EXPER25 TISE.—
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1 (1) IDENTIFYING SCIENTISTS IN AREA CONTIN2 GENCY PLANS.—Section 311(j)(4)(C) of the Federal

3 Water Pollution Control Act (as amended by section

4 202(b)(2)) is amended—

5 (A) by redesignating clauses (viii) and (ix)

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

7 (B) by inserting after clause (vii) the fol8 lowing:

9 ‘‘(viii) compile a list of local scientists, both

10 inside and outside Federal Government service,

11 with expertise in the environmental effects of

12 spills of the types of oil typically transported in

13 the area, who may be contacted to provide infor14 mation or where appropriate, participate in

15 meetings of the scientific support team convened

16 in response to a spill;’’.

17 (c) ESTABLISHMENT OF SCIENTIFIC SUPPORT

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

19 (33 U.S.C. 1321 note) is amended by adding at the end

20 the following:

21 ‘‘(5) SCIENTIFIC SUPPORT TEAM.—

22 ‘‘(A) ESTABLISHMENT.—Not later than 180

23 days after the date of enactment of this para24 graph, the Under Secretary of Commerce for

25 Oceans and Atmosphere shall establish a process
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1 under which a scientific support team shall be

2 named, all or part of which may be convened in

3 response to an oil spill covered by this Act.

4 ‘‘(B) PURPOSE.—The purpose of the sci5 entific support team shall be to provide useful or

6 necessary scientific information and support to

7 the response team and to recommend any meas8 ures that will serve to mitigate ecological injury

9 immediately following such a spill.

10 ‘‘(C) OPERATIONS OPEN TO THE PUBLIC.—

11 To the extent it does not interfere with its expe12 ditious operation, the operations of a scientific

13 team shall be open to the public.’’.

14 (d) ACCESS TO USEFUL AND NECESSARY INFORMA15 TION.—

16 (1) ESTABLISHMENT OF INFORMATION CLEAR17 INGHOUSE.—Section 7001(a) the Oil Pollution Act of

18 1990 (33 U.S.C. 2761(a)) is amended—

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

20 of paragraph (3) and all that follows through

21 ‘‘representative’’ and inserting ‘‘may designate.

22 A representative’’; and

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

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

25 Interagency Committee shall disseminate and compile
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1 information regarding previous spills, including data

2 from universities, research institutions, State govern3 ments, and other nations, as appropriate.’’.

4 (2) REQUIREMENT THAT NATIONAL RESPONSE

5 UNITS MAINTAIN INFORMATION ON ENVIRONMENTAL

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

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

8 1321(j)(2)) is amended—

9 (A) by redesignating subparagraphs (F)

10 and (G) as subparagraphs (G) and (H), respec11 tively; and

12 (B) by inserting the following after sub13 paragraph (E):

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

15 information on the environmental effects of var16 ious types of oil spills and how best to mitigate

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

18 is readily transmittable to response teams re19 sponding to a spill under this Act;’’.

20 SEC. 205. COMPLIANCE WITH RESPONSE PLANS.

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

22 Control Act (33 U.S.C. 1321(c)(3)(B)) is amended by strik23 ing ‘‘or as directed by the President’’ and inserting ‘‘unless

24 the President or the on-scene coordinator determines that

25 deviation from the plan would provide for a more expedi-
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1 tious or effective response to the spill or mitigation of its

2 environmental effects.’’.

3 TITLE III—TAILORING OF OFF4 SHORE FACILITY FINANCIAL

5 RESPONSIBILITY REQUIRE6 MENTS TO OIL SPILL RISKS

7 SEC. 301. TAILORING OF OFFSHORE FACILITY FINANCIAL

8 RESPONSIBILITY REQUIREMENTS TO OIL

9 SPILL RISKS.

10 Section 1016(c)(1) of the Oil Pollution Act of 1990 (33

11 U.S.C. 2716(c)(1)) is amended to read as follows:

12 ‘‘(1) IN GENERAL.—

13 ‘‘(A) EVIDENCE OF FINANCIAL RESPON14 SIBILITY REQUIRED.—Except as provided in

15 paragraph (2), a responsible party with respect

16 to an offshore facility that—

17 ‘‘(i)(I) is located seaward of the line of

18 ordinary low water along the portion of the

19 coast that is in direct contact with the open

20 sea and the line marking the seaward limit

21 of inland waters; or

22 ‘‘(II) is located in inland waters, such

23 as coastal bays or estuaries, seaward of the

24 line of ordinary low water along the portion
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1 of the coast that is not in direct contact

2 with the open sea;

3 ‘‘(ii) is used for exploring for, drilling

4 for, or producing oil, or for transporting oil

5 from facilities engaged in oil exploration,

6 drilling, or production; and

7 ‘‘(iii) has a worst-case oil spill dis8 charge potential of more than 1,000 barrels

9 of oil (or a lesser amount if the President

10 determines that the risks posed by the facil11 ity justify it),

12 shall establish and maintain evidence of finan13 cial responsibility in the amount required under

14 subparagraph (B) or (C), as applicable.

15 ‘‘(B) AMOUNT REQUIRED GENERALLY.—Ex16 cept as provided in subparagraph (C), the

17 amount of financial responsibility for an offshore

18 facility described in subparagraph (A) is—

19 ‘‘(i) $35,000,000, in the case of an off20 shore facility located seaward of the sea21 ward boundary of a State; or

22 ‘‘(ii) $10,000,000, in the case of an off23 shore facility located landward of the sea24 ward boundary of a State.
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1 ‘‘(C) GREATER AMOUNT.—If the President

2 determines that an amount of financial respon3 sibility for a responsible party greater than the

4 amount required by subparagraphs (B) and (D)

5 is justified by the relative operational, environ6 mental, human health, and other risks posed by

7 the quantity or quality of oil that is explored for,

8 drilled for, produced, stored, handled, trans9 ferred, processed, or transported by the respon10 sible party, the evidence of financial responsibil11 ity required shall be for an amount determined

12 by the President not exceeding $150,000,000.

13 ‘‘(D) MULTIPLE FACILITIES.—If a person is

14 a responsible party for more than 1 facility sub15 ject to this subsection, evidence of financial re16 sponsibility need be established only to meet the

17 amount applicable to the facility having the

18 greatest financial responsibility requirement

19 under this subsection.

20 ‘‘(E) STATE JURISDICTION.—The require21 ments of this paragraph shall not apply if an

22 offshore facility located landward of the seaward

23 boundary of a State is required by the State to

24 establish and maintain evidence of financial re25 sponsibility in a manner comparable to, and in
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1 an amount equal to or greater than, the require2 ments of this paragraph.

3 ‘‘(F) DEFINITION.—For the purpose of this

4 paragraph, the seaward boundary of a State

5 shall be determined in accordance with section

6 2(b) of the Submerged Lands Act (43 U.S.C.

7 1301(b)).’’.

8 TITLE IV—MISCELLANEOUS

9 TECHNICAL AMENDMENTS

10 SEC. 401. MISCELLANEOUS TECHNICAL AMENDMENTS.

11 (a) Section 1001(36) of the Oil Pollution Act of 1990

12 (33 U.S.C. 2701(36)) is amended by inserting ‘‘the Trust

13 Territory of the Pacific Islands,’’ after ‘‘Northern Mari14 anas,’’.

15 (b) Section 1012(e)(1) of the Oil Pollution Act of 1990

16 (33 U.S.C. 2712(e)(1)) is amended by striking ‘‘this sub17 section’’ and inserting ‘‘subsection (d)’’.

18 (c) Section 1016 of the Oil Pollution Act of 1990 (33

19 U.S.C. 2716) is amended by redesignating subsections (e),

20 (f), (g), (h), and (i) as subsections (d), (e), (f), (g), and

21 (h), respectively.

22 (d) The first sentence of section 4303(a) of the Oil Pol23 lution Act of 1990 (33 U.S.C. 2716a(a)) is amended by

24 striking ‘‘(c)(2)’’ and inserting ‘‘(b)(2)’’.