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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1730 Reported in Senate (RS)]

                                                       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 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.

_______________________________________________________________________

                             June 26, 1996

                       Reported with an amendment

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Oil Spill 
Prevention and Response Improvement Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definition of Secretary.
         <DELETED>TITLE I--ENHANCEMENT OF OIL SPILL PREVENTION

<DELETED>Sec. 101. Interim oil spill prevention measures for single-
                            hull vessels.
<DELETED>Sec. 102. Incentive for oil shippers to convert single hull 
                            vessels to double hull vessels.
<DELETED>Sec. 103. Prevention of oil spills by improvement of safety of 
                            towing vessels.
<DELETED>Sec. 104. Other oil prevention enhancement measures.
       <DELETED>TITLE II--IMPROVEMENT OF RESPONSES TO OIL SPILLS

<DELETED>Sec. 201. Access to timely short-term financial assistance for 
                            persons injured by oil spills.
<DELETED>Sec. 202. Advance planning and coordination to ensure prompt 
                            decisionmaking on reopening and closing of 
                            fishing grounds.
<DELETED>Sec. 203. Qualification of major oil spills as major 
                            disasters.
<DELETED>Sec. 204. Access to oil spill liability trust fund for natural 
                            resource damages.
<DELETED>Sec. 205. Access to necessary information, expertise, and 
                            funding to mitigate near-term ecological 
                            injury resulting from oil spill.
<DELETED>Sec. 206. Compliance with response plans.

<DELETED>SEC. 2. DEFINITION OF SECRETARY.</DELETED>

<DELETED>    In this Act, the term ``Secretary'' means the Secretary of 
Transportation, acting through the United States Coast Guard.</DELETED>

    <DELETED>TITLE I--ENHANCEMENT OF OIL SPILL PREVENTION</DELETED>

<DELETED>SEC. 101. INTERIM OIL SPILL PREVENTION MEASURES FOR SINGLE-
              HULL VESSELS.</DELETED>

<DELETED>    (a) Effectiveness of Proposed Rule.--Section 4115(b) of 
the Oil Pollution Act of 1990 (46 U.S.C. 3703a note) is amended--
</DELETED>
        <DELETED>    (1) by striking ``The Secretary'' and inserting 
        the following:</DELETED>
        <DELETED>    ``(1) In general.--The Secretary''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Operational elements.--If a final rule under 
        this subsection with respect to operational elements does not 
        become effective by the date that is 59 months after the date 
        specified in paragraph (1), the proposed rule in the 
        Supplemental Notice of Proposed Rulemaking (60 Fed. Reg. 55,904 
        (1995)) shall be considered to be in effect as a final rule as 
        of that date and shall remain in effect until a final rule 
        becomes effective.</DELETED>
        <DELETED>    ``(3) Structural elements.--If a final rule under 
        this subsection with respect to structural elements does not 
        become effective by the date that is 64 months after the date 
        specified in paragraph (1), the proposed rule in the Notice of 
        Proposed Rulemaking (58 Fed. Reg. 54,870 (1993)) shall be 
        considered to be in effect as a final rule as of that date and 
        shall remain in effect until a final rule becomes 
        effective.''.</DELETED>
<DELETED>    (b) Prevention Measures.--Section 4115(b) of the Oil 
Pollution Act of 1990 (46 U.S.C. 3703a note), as amended by subsection 
(a), is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(4) Provisions to be included.--</DELETED>
                <DELETED>    ``(A) In general.--In issuing rules under 
                this subsection, the Secretary shall include the 
                following provisions to the greatest extent 
                practicable:</DELETED>
                        <DELETED>    ``(i) A requirement that a single 
                        hull barge over 5,000 gross tons operating in 
                        open ocean or coastal waters that is affected 
                        by this section have at least 1 of the 
                        following:</DELETED>
                                <DELETED>    ``(I) A crew member on 
                                board and an operable anchor.</DELETED>
                                <DELETED>    ``(II) An emergency system 
                                on board the vessel towing the barge to 
                                retrieve the barge if the tow line 
                                ruptures.</DELETED>
                                <DELETED>    ``(III) Adoption of any 
                                other measure that provides comparable 
                                protection against grounding of the 
                                barge as that provided by a measure 
                                described in subclause (I) or 
                                (II).</DELETED>
                        <DELETED>    ``(ii) In cooperation with the 
                        captain of the port for each port in which any 
                        tank vessel not fitted with a double bottom 
                        that covers the entire cargo tank length 
                        operates, establishment of a minimum under-keel 
                        clearance for the vessel when entering the port 
                        or place of destination and when departing 
                        port.</DELETED>
                <DELETED>    ``(B) Considerations.--In issuing rules 
                under this subsection, the Secretary shall--</DELETED>
                        <DELETED>    ``(i) require the use of all 
                        measures that advance the objectives of this 
                        section, not only those determined to be the 
                        most cost-effective or most cost-
                        efficient;</DELETED>
                        <DELETED>    ``(ii) take account of human 
                        safety, including the safety of crew members on 
                        affected tank vessels; and</DELETED>
                        <DELETED>    ``(iii) consider measures that 
                        prevent collision or grounding of a tank vessel 
                        in addition to those that reduce oil outflow 
                        after such a collision or grounding has 
                        occurred.''.</DELETED>

<DELETED>SEC. 102. INCENTIVE FOR OIL SHIPPERS TO CONVERT SINGLE HULL 
              VESSELS TO DOUBLE HULL VESSELS.</DELETED>

<DELETED>    Section 1004(c) of the Oil Pollution Act of 1990 (33 
U.S.C. 2704(c)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1) by striking ``Subsection 
        (a)'' and inserting ``Except as provided in paragraph (4), 
        subsection (a)''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(4) Double-hulled vessels.--The exception in 
        paragraph (1)(B) shall not apply--</DELETED>
                <DELETED>    ``(A) to a tank vessel that, as of the 
                date of enactment of this paragraph, is equipped with a 
                double hull; or</DELETED>
                <DELETED>    ``(B) to a double hull vessel that is 
                replacing another tank vessel not equipped with a 
                double hull that is being retired at least 5 years 
                prior to the applicable retirement date under section 
                3703a(c) of title 46, United States Code.''.</DELETED>

<DELETED>SEC. 103. PREVENTION OF OIL SPILLS BY IMPROVEMENT OF SAFETY OF 
              TOWING VESSELS.</DELETED>

<DELETED>    (a) Deadline on Issuance of Final Regulations.--If a final 
rule on navigation safety equipment for towing vessels does not become 
effective by September 30, 1996, the proposed rule in the Notice of 
Proposed Rulemaking (60 Fed. Reg. 55890 (1995)) shall be considered to 
be in effect as a final rule as of that date and shall remain in effect 
until a final rule becomes effective.</DELETED>
<DELETED>    (b) Consideration of Fire-Suppression Equipment in Towing 
Safety Rulemaking.--In issuing a final rule on Navigation Safety 
Equipment for Towing Vessels in accordance with subsection (a), the 
Secretary shall establish a requirement that a towing vessel have a 
fire-suppression system or other equipment to provide adequate 
assurance that an onboard fire can be suppressed under reasonably 
foreseeable circumstances.</DELETED>

<DELETED>SEC. 104. OTHER OIL PREVENTION ENHANCEMENT MEASURES.</DELETED>

<DELETED>    (a) Requirement for Study of Oil Spill Risks.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall coordinate 
        with the Marine Board of the National Research Council on a 
        study into how the designation of waters through which tank 
        vessels transport oil, and the designation of shipping lanes 
        for tank vessels, affect the risk of an oil spill.</DELETED>
        <DELETED>    (2) Recommendations.--In the study under paragraph 
        (1), the Marine Board of the National Research Council shall 
        recommend to the Secretary any changes to designations of 
        waters that would minimize the risk of oil spills.</DELETED>
<DELETED>    (b) Dredging of Rhode Island Waterways.--The Chief of 
Engineers of the Army Corps of Engineers, in conjunction with the 
Secretary and other relevant agencies, shall--</DELETED>
        <DELETED>    (1) review the report of the commission convened 
        by the Governor of Rhode Island on dredging Rhode Island 
        waterways; and</DELETED>
        <DELETED>    (2) not later than 120 days after issuance of the 
        report, submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives any 
        recommendations that the Chief of Engineers may have concerning 
        the feasibility and environmental effects of the 
        dredging.</DELETED>
<DELETED>    (c) Lightering Operations.--The first sentence of section 
3715(b) of title 46, United States Code, is amended by striking ``of 
this section'' and inserting ``that include requirements that the 
Secretary determines will provide protection to the environment that is 
as substantial as is economically and technologically 
feasible.''.</DELETED>

  <DELETED>TITLE II--IMPROVEMENT OF RESPONSES TO OIL SPILLS</DELETED>

<DELETED>SEC. 201. ACCESS TO TIMELY SHORT-TERM FINANCIAL ASSISTANCE FOR 
              PERSONS INJURED BY OIL SPILLS.</DELETED>

<DELETED>    (a) Damages for Loss of Profits or Impairment of Earning 
Capacity.--Section 1002(b)(2)(E) of the Oil Pollution Act of 1990 (33 
U.S.C. 2702(b)(2)(E)) is amended by striking the period at the end and 
inserting the following: ``, in part or in full. Payment or settlement 
of a claim for interim, short-term damages representing less than the 
full amount of damages to which the claimant ultimately may be entitled 
under this subparagraph shall not preclude recovery by the claimant for 
damages not reflected in the paid or settled partial 
claim.''.</DELETED>
<DELETED>    (b) Claims Procedure.--Section 1013(d) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2713(d)) is amended by inserting after 
``unavailable'' the following: ``including a claim for interim, short-
term damages representing less than the full amount of damages to which 
the claimant ultimately may be entitled,''.</DELETED>
<DELETED>    (c) Advertisement.--Section 1014(b) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2714(b)) is amended--</DELETED>
        <DELETED>    (1) by striking ``If a responsible party'' and 
        inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--If a responsible party''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Claim for interim damages.--An advertisement 
        under paragraph (1) shall state that a claimant may present a 
        claim for interim, short-term damages representing less than 
        the full amount of damages to which the claimant ultimately may 
        be entitled and payment of such a claim shall not preclude 
        recovery for damages not reflected in the paid or settled 
        partial claim.''.</DELETED>
<DELETED>    (d) Subrogation.--Section 1015(a) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2715(a)) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (b) as subsection 
        (c); and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following:</DELETED>
<DELETED>    ``(c) Interim Damages.--</DELETED>
        <DELETED>    ``(1) In general.--If a responsible party, a 
        guarantor, or the Fund has made payment to a claimant for 
        interim, short-term damages representing less than the full 
        amount of damages to which the claimant ultimately may be 
        entitled, subrogation under subsection (a) shall apply only 
        with respect to the portion of the claim reflected in the paid 
        interim claim.</DELETED>
        <DELETED>    ``(2) Final damages.--Payment of such a claim 
        shall not foreclose claimant's right to recovery of all damages 
        to which a claimant otherwise is entitled under this title or 
        any other law.''.</DELETED>

<DELETED>SEC. 202. ADVANCE PLANNING AND COORDINATION TO ENSURE PROMPT 
              DECISIONMAKING ON REOPENING AND CLOSING OF FISHING 
              GROUNDS.</DELETED>

<DELETED>    (a) National Guidance.--Section 311(j)(4)(D) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is 
amended--</DELETED>
        <DELETED>    (1) in clause (i) by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in clause (ii) by striking the period and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                        <DELETED>    ``(iii) acting through the Under 
                        Secretary of Commerce for Oceans and Atmosphere 
                        and in consultation with the Administrator, the 
                        Director of the United States Fish and Wildlife 
                        Service, and other affected agencies, issue 
                        guidance for Area Committees to use in 
                        developing a framework for advanced planning 
                        and decisionmaking with respect to the closing 
                        and reopening of fishing grounds following an 
                        oil spill, which guidance shall include model 
                        protocols and standards for the closing and 
                        reopening of fishing areas.''.</DELETED>
<DELETED>    (b) Requirement That Area Contingency Plans Contain Area-
Specific Protocols and Standards.--</DELETED>
        <DELETED>    (1) Cooperation with state and local officials.--
        Section 311(j)(4)(B)(ii) of the Federal Water Pollution Control 
        Act (33 U.S.C. 1321(j)(4)(B)(ii)) is amended by inserting after 
        ``wildlife'' the following: ``, including advance planning with 
        respect to the closing and reopening of fishing grounds 
        following an oil spill''.</DELETED>
        <DELETED>    (2) Framework.--Section 311(j)(4)(C) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(C)) 
        is amended--</DELETED>
                <DELETED>    (A) by redesignating clauses (vii) and 
                (viii) as clauses (ix) and (x), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting after clause (vi) the 
                following:</DELETED>
                <DELETED>    ``(vii) develop a framework for advanced 
                planning and decisionmaking with respect to the closing 
                and reopening of fishing grounds following an oil 
                spill, including protocols and standards for the 
                closing and reopening of fishing areas;''.</DELETED>

<DELETED>SEC. 203. QUALIFICATION OF MAJOR OIL SPILLS AS MAJOR 
              DISASTERS.</DELETED>

<DELETED>    (a) Addition of Major Oil Spills to List of Disasters 
Qualifying for National Disaster Assistance.--Section 102(2) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)) is amended by inserting ``major oil spill'' after 
``flood,''.</DELETED>
<DELETED>    (b) Subrogation of Moneys Paid Under Designation of Major 
Oil Spill as Major Disaster.--Section 1015 of the Oil Pollution Act of 
1990 (33 U.S.C. 2715) (as amended by section 201(d)(2)) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(d) Subrogation of Moneys Paid Under Designation of Oil 
Spill as Major Disaster.--The United States shall acquire by 
subrogation the right to seek from the responsible party, its 
guarantor, or the Fund any moneys paid by the United States under 
section 102(2) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122(2)) to provide short-term financial 
assistance that has the effect of mitigating damages to which the 
recipient would be entitled under this Act.''.</DELETED>

<DELETED>SEC. 204. ACCESS TO OIL SPILL LIABILITY TRUST FUND FOR NATURAL 
              RESOURCE DAMAGES.</DELETED>

<DELETED>    Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 
2752) is amended by striking subsection (b) and inserting the 
following:</DELETED>
<DELETED>    ``(b) Exceptions.--</DELETED>
        <DELETED>    ``(1) In general.--Subsection (a) shall not apply 
        to--</DELETED>
                <DELETED>    ``(A) section 1006(f), 1012(a) (2) or (4), 
                or 5006(b); or</DELETED>
                <DELETED>    ``(b) an amount not exceeding $50,000,000 
                for any fiscal year that the President may make 
                available from the Fund to--</DELETED>
                        <DELETED>    ``(i) carry out section 311(c) of 
                        the Federal Water Pollution Control Act (33 
                        U.S.C. 1321(c));</DELETED>
                        <DELETED>    ``(ii) conduct the assessment of 
                        natural resource damages required under section 
                        1006;</DELETED>
                        <DELETED>    ``(iii) develop restoration plans; 
                        and</DELETED>
                        <DELETED>    ``(iv) implement the initial 
                        phases of restoration plans.</DELETED>
        <DELETED>    ``(2) Availability.--Amounts to which this 
        subsection applies shall remain available until 
        expended.''.</DELETED>

<DELETED>SEC. 205. ACCESS TO NECESSARY INFORMATION, EXPERTISE, AND 
              FUNDING TO MITIGATE NEAR-TERM ECOLOGICAL INJURY RESULTING 
              FROM OIL SPILL.</DELETED>

<DELETED>    (a) Access to Funds To Mitigate Near-Term Injury.--Section 
1012(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (5) by striking the period at the 
        end of paragraph (5) and inserting ``; and''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(6) the payment of costs to mitigate ecological 
        injury (including the immediate costs of management, a level 
        and of a type that are needed to mitigate ecological injury, as 
        determined solely by the Federal On-Scene 
        Coordinator).</DELETED>
<DELETED>    (b) Access to Scientists With Relevant Expertise.--
</DELETED>
        <DELETED>    (1) Identifying scientists in area contingency 
        plans.--Section 311(j)(4)(C) of the Federal Water Pollution 
        Control Act (as amended by section 202(b)(2)) is amended--
        </DELETED>
                <DELETED>    (A) by redesignating clauses (ix) and (x) 
                as clauses (x) and (xi), respectively; and</DELETED>
                <DELETED>    (B) by inserting after clause (vii) the 
                following:</DELETED>
                <DELETED>    ``(viii) compile a list of local 
                scientists, both inside and outside Federal Government 
                service, with expertise in the environmental effects of 
                spills of the types of oil typically transported in the 
                area, who may be contacted to provide information or 
                participate in the scientific support team convened in 
                response to a spill;''.</DELETED>
<DELETED>    (c) Establishment of Scientific Support Team.--Section 
4202(b) of the Oil Pollution Act of 1990 (33 U.S.C. 1321 note) is 
amended by adding at the end the following:</DELETED>
        <DELETED>    ``(5) Scientific support team.--</DELETED>
                <DELETED>    ``(A) Establishment.--Not later than 6 
                months after the date of enactment of this paragraph, 
                the Secretary shall establish a process under which a 
                scientific support team shall be convened immediately 
                in response to each oil spill covered by this 
                Act.</DELETED>
                <DELETED>    ``(B) Purpose.--The purpose of the 
                scientific support team shall be to provide useful or 
                necessary scientific information and support to the 
                response team and to recommend any measures that will 
                serve to mitigate ecological injury immediately 
                following such a spill.</DELETED>
                <DELETED>    ``(C) Participation by scientists with 
                expertise.--The process under subparagraph (A) shall 
                provide for consideration for participation on a 
                scientific support team to be given to scientists 
                identified in the area contingency plan with expertise 
                in the environmental effects of the kind of oil that 
                has been spilled or that has actually or potentially 
                affected natural resources.</DELETED>
                <DELETED>    ``(D) Operations open to the public.--To 
                the extent it does not interfere with its expeditious 
                operation, the operations of a scientific team shall be 
                open to the public.''.</DELETED>
<DELETED>    (d) Access to Useful and Necessary Information.--
</DELETED>
        <DELETED>    (1) Establishment of information clearinghouse.--
        Section 7001(a) the Oil Pollution Act of 1990 (33 U.S.C. 
        2761(a)) is amended--</DELETED>
                <DELETED>    (A) by striking ``may designate'' at the 
                end of paragraph (3) and all that follows through 
                ``representative'' and inserting ``may designate. A 
                representative''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(4) Dissemination of information.--The 
        Interagency Committee shall disseminate and compile information 
        regarding previous spills, including data from universities, 
        research institutions, State governments, and other nations, as 
        appropriate.''.</DELETED>
        <DELETED>    (2) Requirement that national response units 
        maintain information on environmental effects of oil spills.--
        Section 311(j)(2) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1321(j)(2)) is amended--</DELETED>
                <DELETED>    (A) by redesignating subparagraphs (F) and 
                (G) as subparagraphs (G) and (H), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting the following after 
                subparagraph (E):</DELETED>
                <DELETED>    ``(F) shall maintain and update a body of 
                information on the environmental effects of various 
                types of oil spills and how best to mitigate those 
                effects, which shall be kept in a form that is readily 
                transmittable to response teams responding to a spill 
                under this Act;''.</DELETED>

<DELETED>SEC. 206. COMPLIANCE WITH RESPONSE PLANS.</DELETED>

<DELETED>    Section 311(c)(3)(B) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(c)(3)(B)) is amended by striking ``or as 
directed by the President'' and inserting ``unless the President or the 
on-scene coordinator determines that deviation from the plan would 
provide for a more expeditious or effective response to the spill or 
mitigation of its environmental effects.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Oil Spill 
Prevention and Response Improvement Act''.
    (b) Table of Contents.--The table of contents of 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. 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.

              TITLE IV--MISCELLANEOUS TECHNICAL AMENDMENTS

Sec. 401. Miscellaneous technical amendments.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Transportation, acting through the United States Coast Guard.

              TITLE I--ENHANCEMENT OF OIL SPILL PREVENTION

SEC. 101. INTERIM OIL SPILL PREVENTION MEASURES FOR SINGLE-HULL 
              VESSELS.

    (a) Effectiveness of Proposed Rule.--Section 4115(b) of the Oil 
Pollution Act of 1990 (46 U.S.C. 3703a note) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Operational elements.--If a final rule under this 
        subsection with respect to operational elements does not become 
        effective by the date that is 59 months after the date 
        specified in paragraph (1), the proposed rule in the 
        Supplemental Notice of Proposed Rulemaking (60 Fed. Reg. 55,904 
        (1995)) shall be considered to be in effect as a final rule as 
        of that date and shall remain in effect until a final rule 
        becomes effective.
            ``(3) Structural elements.--If a final rule under this 
        subsection with respect to structural elements does not become 
        effective by the date that is 64 months after the date 
        specified in paragraph (1), the proposed rule in the Notice of 
        Proposed Rulemaking (58 Fed. Reg. 54,870 (1993)) shall be 
        considered to be in effect as a final rule as of that date and 
        shall remain in effect until a final rule becomes effective, 
        except provision in the proposed rule with respect to which the 
        Secretary may issue a finding on the record that the provision 
        would be likely to increase the risks of oil pollution.''.
    (b) Prevention Measures.--Section 4115(b) of the Oil Pollution Act 
of 1990 (46 U.S.C. 3703a note), as amended by subsection (a), is 
amended by adding at the end the following:
            ``(4) Provisions to be included.--
                    ``(A) In general.--In issuing rules under this 
                subsection, the Secretary shall include the following 
                provisions to the greatest extent practicable and 
                consistent with relevant statutory criteria:
                            ``(i) A requirement that a single hull 
                        barge over 5,000 gross tons operating in open 
                        ocean or coastal waters that is affected by 
                        this section have at least 1 of the following:
                                    ``(I) A crew member on board and an 
                                operable anchor.
                                    ``(II) An emergency system on board 
                                the vessel towing the barge to retrieve 
                                the barge if the tow line ruptures.
                                    ``(III) Adoption of any other 
                                measure that provides comparable 
                                protection against grounding of the 
                                barge as that provided by a measure 
                                described in subclause (I) or (II).
                            ``(ii) For each port in which any tank 
                        vessel not fitted with a double bottom that 
                        covers the entire cargo tank length operates, 
                        establishment of a minimum under-keel clearance 
                        for the vessel when entering the port or place 
                        of destination, when departing port, and when 
                        operating in an inland or coastal waterway.
                    ``(B) Considerations.--In issuing rules under this 
                subsection, the Secretary shall--
                            ``(i) require the use of all measures that 
                        the Secretary finds meet the criteria of this 
                        section, not only those determined to be the 
                        most cost-effective or most cost-efficient;
                            ``(ii) take account of human safety, 
                        including the safety of crew members on 
                        affected tank vessels; and
                            ``(iii) consider measures that prevent 
                        collision or grounding of a tank vessel in 
                        addition to those that reduce oil outflow after 
                        such a collision or grounding has occurred.
                    ``(C) Inclusion in final rule.--If, in the 
                discretion of the Secretary, the Secretary finds it 
                necessary, the Secretary may include the provisions of 
                subparagraph (A) in conjunction and simultaneously with 
                the final rule with respect to structural elements 
                referenced to paragraph (3).''.

SEC. 102. INCENTIVE FOR OIL SHIPPERS TO CONVERT SINGLE-HULL VESSELS TO 
              DOUBLE-HULL VESSELS.

    Section 1004(c) of the Oil Pollution Act of 1990 (33 U.S.C. 
2704(c)) is amended--
            (1) in paragraph (1) by striking ``Subsection (a)'' and 
        inserting ``Except as provided in paragraph (4), subsection 
        (a)''; and
            (2) by adding at the end the following:
            ``(4) Double-hull vessels.--The exception in paragraph 
        (1)(B) shall not apply--
                    ``(A) to a tank vessel that, as of the date of 
                enactment of this paragraph, is equipped with a double 
                hull along the entire length of the vessel, including 
                fuel oil tanks; or
                    ``(B) to a vessel that is equipped with a double 
                hull along the entire length of the vessel, including 
                fuel oil tanks, and that is replacing another tank 
                vessel not equipped with a double hull that is being 
                retired at least 5 years prior to the applicable 
                retirement date under section 3703a(c) of title 46, 
                United States Code.''.

SEC. 103. PREVENTION OF OIL SPILLS BY IMPROVEMENT OF SAFETY OF TOWING 
              VESSELS.

    (a) Deadline on Issuance of Final Regulations.--
            (1) In general.--The Secretary shall issue and place in 
        effect a final rule on navigation safety equipment for towing 
        vessels by September 30, 1996.
            (2) Default.--If a final rule on navigation safety 
        equipment for towing vessels does not become effective by 
        September 30, 1996, the proposed rule in the Notice of Proposed 
        Rulemaking (60 Fed. Reg. 55890 (1995)) shall be considered to 
        be in effect as a final rule as of that date and shall remain 
        in effect until a final rule becomes effective.
    (b) Inclusion of Fire-Suppression and Electronic Position-Fixing 
Equipment and Regular Inspection Requirements in Towing Safety 
Rulemaking.--In issuing a final rule on Navigation Safety Equipment for 
Towing Vessels in accordance with subsection (a), the Secretary shall 
establish requirements that--
            (1) a towing vessel have a fire-suppression system or other 
        equipment to provide adequate assurance that an onboard fire 
        can be suppressed under reasonably foreseeable circumstances;
            (2) a towing vessel carry on board an electronic position 
        fixing device; and
            (3) the owner, master, or operator of a towing vessel 
        ensure that--
                    (A) tests and inspections of equipment necessary 
                for safe navigation and operation occur at regular 
                intervals sufficient to provide for the continued 
                proper functioning of the towing vessel;
                    (B) inspections of gear necessary for safe 
                navigation and operation occur before departing from 
                port or at least weekly; and
                    (C) the results of each such test is recorded in a 
                cost-effective manner.

SEC. 104. OTHER OIL PREVENTION ENHANCEMENT MEASURES.

    (a) Requirement for Study of Oil Spill Risks.--
            (1) In general.--The Secretary shall coordinate with the 
        Marine Board of the National Research Council on a study into 
        how the designation of waters through which tank vessels 
        transport oil, and the designation of shipping lanes for tank 
        vessels, affect the risk of an oil spill.
            (2) Recommendations.--In the study under paragraph (1), the 
        Marine Board of the National Research Council shall recommend 
        to the Secretary any changes to designations of waters and 
        shipping lanes that would minimize the risk of oil spills.
    (b) Dredging of Rhode Island Waterways.--The Chief of Engineers of 
the Army Corps of Engineers, in conjunction with the Secretary and 
other relevant agencies, shall--
            (1) review the report of the commission convened by the 
        Governor of Rhode Island on dredging Rhode Island waterways; 
        and
            (2) not later than 120 days after issuance of the report, 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives any recommendations that the 
        Chief of Engineers may have concerning the feasibility and 
        environmental effects of the dredging.
    (c) Lightering Operations.--The first sentence of section 3715(b) 
of title 46, United States Code, is amended by striking ``of this 
section'' and inserting ``that include requirements that the Secretary 
determines will provide protection to the environment that is as 
substantial as is economically and technologically feasible.''.

            TITLE II--IMPROVEMENT OF RESPONSES TO OIL SPILLS

SEC. 201. ACCESS TO TIMELY SHORT-TERM FINANCIAL ASSISTANCE FOR PERSONS 
              INJURED BY OIL SPILLS.

    (a) Damages for Loss of Profits or Impairment of Earning 
Capacity.--Section 1002(b)(2)(E) of the Oil Pollution Act of 1990 (33 
U.S.C. 2702(b)(2)(E)) is amended by striking the period at the end and 
inserting the following: ``, in part or in full. Payment or settlement 
of a claim for interim, short-term damages representing less than the 
full amount of damages to which the claimant ultimately may be entitled 
under this subparagraph shall not preclude recovery by the claimant for 
damages not reflected in the paid or settled partial claim.''.
    (b) Claims Procedure.--Section 1013(d) of the Oil Pollution Act of 
1990 (33 U.S.C. 2713(d)) is amended by inserting after ``unavailable'' 
the following: ``including a claim for interim, short-term damages 
representing less than the full amount of damages to which the claimant 
ultimately may be entitled,''.
    (c) Advertisement.--Section 1014(b) of the Oil Pollution Act of 
1990 (33 U.S.C. 2714(b)) is amended--
            (1) by striking ``If a responsible party'' and inserting 
        the following:
            ``(1) In general.--If a responsible party''; and
            (2) by adding at the end the following:
            ``(2) Claim for interim damages.--An advertisement under 
        paragraph (1) shall state that a claimant may present a claim 
        for interim, short-term damages representing less than the full 
        amount of damages to which the claimant ultimately may be 
        entitled and payment of such a claim shall not preclude 
        recovery for damages not reflected in the paid or settled 
        partial claim.''.
    (d) Subrogation.--Section 1015(a) of the Oil Pollution Act of 1990 
(33 U.S.C. 2715(a)) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Interim Damages.--
            ``(1) In general.--If a responsible party, a guarantor, or 
        the Fund has made payment to a claimant for interim, short-term 
        damages representing less than the full amount of damages to 
        which the claimant ultimately may be entitled, subrogation 
        under subsection (a) shall apply only with respect to the 
        portion of the claim reflected in the paid interim claim.
            ``(2) Final damages.--Payment of such a claim shall not 
        foreclose claimant's right to recovery of all damages to which 
        a claimant otherwise is entitled under this title or any other 
        law.''.

SEC. 202. ADVANCE PLANNING AND COORDINATION TO ENSURE PROMPT 
              DECISIONMAKING ON REOPENING AND CLOSING OF FISHING 
              GROUNDS.

    (a) National Guidance.--Section 311(j)(4)(D) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is amended--
            (1) in clause (i) by striking ``and'' at the end;
            (2) in clause (ii) by striking the period and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                            ``(iii) acting through the Under Secretary 
                        of Commerce for Oceans and Atmosphere and in 
                        consultation with the Administrator, the 
                        Commissioner of Food and Drugs, the Director of 
                        the United States Fish and Wildlife Service, 
                        and other affected Federal and State agencies, 
                        issue guidance for Area Committees to use in 
                        developing a framework for advanced planning 
                        and decisionmaking with respect to the closing 
                        and reopening of fishing grounds following an 
                        oil spill, which guidance shall include model 
                        protocols and standards for the closing and 
                        reopening of fishing areas.''.
    (b) Requirement That Area Contingency Plans Contain Area-Specific 
Protocols and Standards.--
            (1) Cooperation with state and local officials.--Section 
        311(j)(4)(B)(ii) of the Federal Water Pollution Control Act (33 
        U.S.C. 1321(j)(4)(B)(ii)) is amended by inserting after 
        ``wildlife'' the following: ``, including advance planning with 
        respect to the closing and reopening of fishing grounds 
        following an oil spill''.
            (2) Framework.--Section 311(j)(4)(C) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321(j)(4)(C)) is amended--
                    (A) by redesignating clauses (vii) and (viii) as 
                clauses (viii) and (ix), respectively; and
                    (B) by inserting after clause (vi) the following:
                    ``(vii) develop a framework for advanced planning 
                and decisionmaking with respect to the closing and 
                reopening of fishing grounds following an oil spill, 
                including protocols and standards for the closing and 
                reopening of fishing areas;''.

SEC. 203. ACCESS TO OIL SPILL LIABILITY TRUST FUND FOR NATURAL RESOURCE 
              DAMAGES.

    Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Exceptions.--
            ``(1) In general.--Subsection (a) shall not apply to--
                    ``(A) section 1006(f), 1012(a)(4), or 5006(b); or
                    ``(B) an amount not exceeding $60,000,000 for any 
                fiscal year that the President may make available from 
                the Fund to--
                            ``(i) carry out section 311(c) of the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1321(c)); and
                            ``(ii) conduct the assessment of natural 
                        resource damages required under section 1006;
            ``(2) Availability.--Amounts to which this subsection 
        applies shall remain available until expended.''.

SEC. 204. ACCESS TO NECESSARY INFORMATION, EXPERTISE, AND FUNDING TO 
              MITIGATE NEAR-TERM ECOLOGICAL INJURY RESULTING FROM OIL 
              SPILL.

    (a) Access to Funds To Mitigate Near-Term Injury.--Section 1012(a) 
of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended--
            (1) in paragraph (5) by striking the period at the end of 
        paragraph (5); and
            (2) by adding at the end the following:
            ``(6) the payment of costs to mitigate or avoid ecological 
        injury in the immediate aftermath of a spill (including costs 
        of management activities at a level and of a type necessary for 
        such a purpose, as determined solely by the Federal On-Scene 
        Coordinator); and
            ``(7) the plugging of idle oil wells that pose a 
        substantial safety or environmental risk under a cost-sharing 
        agreement with the State in which such a well is located, under 
        which agreement the State maintains legal and operational 
        responsibility for the plugging and pays a minimum of 50 
        percent of the necessary costs.''.
    (b) Access to Scientists With Relevant Expertise.--
            (1) Identifying scientists in area contingency plans.--
        Section 311(j)(4)(C) of the Federal Water Pollution Control Act 
        (as amended by section 202(b)(2)) is amended--
                    (A) by redesignating clauses (viii) and (ix) as 
                clauses (ix) and (x), respectively; and
                    (B) by inserting after clause (vii) the following:
                    ``(viii) compile a list of local scientists, both 
                inside and outside Federal Government service, with 
                expertise in the environmental effects of spills of the 
                types of oil typically transported in the area, who may 
                be contacted to provide information or where 
                appropriate, participate in meetings of the scientific 
                support team convened in response to a spill;''.
    (c) Establishment of Scientific Support Team.--Section 4202(b) of 
the Oil Pollution Act of 1990 (33 U.S.C. 1321 note) is amended by 
adding at the end the following:
            ``(5) Scientific support team.--
                    ``(A) Establishment.--Not later than 180 days after 
                the date of enactment of this paragraph, the Under 
                Secretary of Commerce for Oceans and Atmosphere shall 
                establish a process under which a scientific support 
                team shall be named, all or part of which may be 
                convened in response to an oil spill covered by this 
                Act.
                    ``(B) Purpose.--The purpose of the scientific 
                support team shall be to provide useful or necessary 
                scientific information and support to the response team 
                and to recommend any measures that will serve to 
                mitigate ecological injury immediately following such a 
                spill.
                    ``(C) Operations open to the public.--To the extent 
                it does not interfere with its expeditious operation, 
                the operations of a scientific team shall be open to 
                the public.''.
    (d) Access to Useful and Necessary Information.--
            (1) Establishment of information clearinghouse.--Section 
        7001(a) the Oil Pollution Act of 1990 (33 U.S.C. 2761(a)) is 
        amended--
                    (A) by striking ``may designate'' at the end of 
                paragraph (3) and all that follows through 
                ``representative'' and inserting ``may designate. A 
                representative''; and
                    (B) by adding at the end the following:
            ``(4) Dissemination of information.--The Interagency 
        Committee shall disseminate and compile information regarding 
        previous spills, including data from universities, research 
        institutions, State governments, and other nations, as 
        appropriate.''.
            (2) Requirement that national response units maintain 
        information on environmental effects of oil spills.--Section 
        311(j)(2) of the Federal Water Pollution Control Act (33 U.S.C. 
        1321(j)(2)) is amended--
                    (A) by redesignating subparagraphs (F) and (G) as 
                subparagraphs (G) and (H), respectively; and
                    (B) by inserting the following after subparagraph 
                (E):
                    ``(F) shall maintain and update a body of 
                information on the environmental effects of various 
                types of oil spills and how best to mitigate those 
                effects, which shall be kept in a form that is readily 
                transmittable to response teams responding to a spill 
                under this Act;''.

SEC. 205. COMPLIANCE WITH RESPONSE PLANS.

    Section 311(c)(3)(B) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(c)(3)(B)) is amended by striking ``or as directed by the 
President'' and inserting ``unless the President or the on-scene 
coordinator determines that deviation from the plan would provide for a 
more expeditious or effective response to the spill or mitigation of 
its environmental effects.''.

  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.

    Section 1016(c)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 
2716(c)(1)) is amended to read as follows:
            ``(1) In general.--
                    ``(A) Evidence of financial responsibility 
                required.--Except as provided in paragraph (2), a 
                responsible party with respect to an offshore facility 
                that--
                            ``(i)(I) is located seaward of the line of 
                        ordinary low water along the portion of the 
                        coast that is in direct contact with the open 
                        sea and the line marking the seaward limit of 
                        inland waters; or
                            ``(II) is located in inland waters, such as 
                        coastal bays or estuaries, seaward of the line 
                        of ordinary low water along the portion of the 
                        coast that is not in direct contact with the 
                        open sea;
                            ``(ii) is used for exploring for, drilling 
                        for, or producing oil, or for transporting oil 
                        from facilities engaged in oil exploration, 
                        drilling, or production; and
                            ``(iii) has a worst-case oil spill 
                        discharge potential of more than 1,000 barrels 
                        of oil (or a lesser amount if the President 
                        determines that the risks posed by the facility 
                        justify it),
                shall establish and maintain evidence of financial 
                responsibility in the amount required under 
                subparagraph (B) or (C), as applicable.
                    ``(B) Amount required generally.--Except as 
                provided in subparagraph (C), the amount of financial 
                responsibility for an offshore facility described in 
                subparagraph (A) is--
                            ``(i) $35,000,000, in the case of an 
                        offshore facility located seaward of the 
                        seaward boundary of a State; or
                            ``(ii) $10,000,000, in the case of an 
                        offshore facility located landward of the 
                        seaward boundary of a State.
                    ``(C) Greater amount.--If the President determines 
                that an amount of financial responsibility for a 
                responsible party greater than the amount required by 
                subparagraphs (B) and (D) is justified by the relative 
                operational, environmental, human health, and other 
                risks posed by the quantity or quality of oil that is 
                explored for, drilled for, produced, stored, handled, 
                transferred, processed, or transported by the 
                responsible party, the evidence of financial 
                responsibility required shall be for an amount 
                determined by the President not exceeding $150,000,000.
                    ``(D) Multiple facilities.--If a person is a 
                responsible party for more than 1 facility subject to 
                this subsection, evidence of financial responsibility 
                need be established only to meet the amount applicable 
                to the facility having the greatest financial 
                responsibility requirement under this subsection.
                    ``(E) State jurisdiction.--The requirements of this 
                paragraph shall not apply if an offshore facility 
                located landward of the seaward boundary of a State is 
                required by the State to establish and maintain 
                evidence of financial responsibility in a manner 
                comparable to, and in an amount equal to or greater 
                than, the requirements of this paragraph.
                    ``(F) Definition.--For the purpose of this 
                paragraph, the seaward boundary of a State shall be 
                determined in accordance with section 2(b) of the 
                Submerged Lands Act (43 U.S.C. 1301(b)).''.

              TITLE IV--MISCELLANEOUS TECHNICAL AMENDMENTS

SEC. 401. MISCELLANEOUS TECHNICAL AMENDMENTS.

    (a) Section 1001(36) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(36)) is amended by inserting ``the Trust Territory of the Pacific 
Islands,'' after ``Northern Marianas,''.
    (b) Section 1012(e)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(e)(1)) is amended by striking ``this subsection'' and inserting 
``subsection (d)''.
    (c) Section 1016 of the Oil Pollution Act of 1990 (33 U.S.C. 2716) 
is amended by redesignating subsections (e), (f), (g), (h), and (i) as 
subsections (d), (e), (f), (g), and (h), respectively.
    (d) The first sentence of section 4303(a) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2716a(a)) is amended by striking ``(c)(2)'' and 
inserting ``(b)(2)''.
```