H. R. 2443—40
(3) the Secretary determines that use of the unit under
the approval will not compromise safety.
(b) APPLICATION.—The approval by the Secretary under this
section shall apply for the 5-year period beginning on the date
of the enactment of this Act.
TITLE VII—AMENDMENTS RELATING TO
OIL POLLUTION ACT OF 1990
SEC. 701. VESSEL RESPONSE PLANS FOR NONTANK VESSELS OVER
400 GROSS TONS.
(a) NONTANK VESSEL DEFINED.—Section 311(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1321) is amended—
(1) by striking ‘‘and’’ after the semicolon in paragraph
(24)(B);
(2) by striking ‘‘threat.’’ in paragraph (25) and inserting
‘‘threat; and’’; and
(3) by adding at the end the following:
‘‘(26) ‘nontank vessel’ means a self-propelled vessel of 400
gross tons as measured under section 14302 of title 46, United
States Code, or greater, other than a tank vessel, that carries
oil of any kind as fuel for main propulsion and that—
‘‘(A) is a vessel of the United States; or
‘‘(B) operates on the navigable waters of the United
States.’’.
(b) AMENDMENTS TO REQUIRE RESPONSE PLANS.—Section 311(j)
of the Federal Water Pollution Control Act (33 U.S.C. 1321(j))
is amended—
(1) in paragraph (5) in the heading by inserting ‘‘, NONTANK
VESSEL,’’ after ‘‘VESSEL’’;
(2) in paragraph (5)(A)—
(A) by inserting: ‘‘(i)’’ after ‘‘(A)’’; and
(B) by adding at the end the following:
‘‘(ii) The President shall also issue regulations which
require an owner or operator of a non-tank vessel to prepare
and submit to the President a plan for responding, to the
maximum extent practicable, to a worst case discharge, and
to a substantial threat of such a discharge, of oil.’’;
(3) in paragraph (5)(B), in the matter preceding clause
(i), by inserting ‘‘, nontank vessels,’’ after ‘‘vessels’’;
(4) in paragraph (5)(B), by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively, and by inserting
after clause (i) the following:
‘‘(ii) A nontank vessel.’’;
(5) in paragraph (5)(D)—
(A) by inserting ‘‘, nontank vessel,’’ after ‘‘vessel’’;
(B) by striking ‘‘and’’ after the semicolon at the end
of clause (iii);
(C) by striking the period at the end of clause (iv)
and inserting ‘‘; and’’; and
(D) by adding after clause (iv) the following:
‘‘(v) in the case of a plan for a nontank vessel, consider
any applicable State-mandated response plan in effect on
the date of the enactment of the Coast Guard and Maritime
Transportation Act of 2004 and ensure consistency to the
extent practicable.’’;
H. R. 2443—41
(6) by inserting ‘‘non-tank vessel,’’ in paragraph (5)(E) after
‘‘vessel,’’ each place it appears;
(7) in paragraph (5)(F)—
(A) by inserting ‘‘non-tank vessel,’’ after ‘‘vessel,’’;
(B) by striking ‘‘vessel or’’ and inserting ‘‘vessel, non-
tank vessel, or’’.
(8) in paragraph (5)(G) by inserting ‘‘nontank vessel,’’ after
‘‘vessel,’’;
(9) in paragraph (5)(H) by inserting ‘‘and nontank vessel’’
after ‘‘each tank vessel;
(10) in paragraph (6) in the matter preceding subparagraph
(A) by striking ‘‘Not later than 2 years after the date of enact-
ment of this section, the President shall require—’’ and
inserting ‘‘The President may require—’’;
(11) in paragraph (6)(B) by inserting ‘‘, and nontank vessels
carrying oil of any kind as fuel for main propulsion,’’ after
‘‘cargo’’; and
(12) in paragraph (7) by inserting ‘‘, nontank vessel,’’ after
‘‘vessel’’.
(c) IMPLEMENTATION DATE.—No later than one year after the
date of enactment of this Act, the owner or operator of a nontank
vessel (as defined section 311(j)(9) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(9), as amended by this section) shall
prepare and submit a vessel response plan for such vessel.
(d) ADDITION OF NOXIOUS LIQUID SUBSTANCES TO THE LIST
OF HAZARDOUS SUBSTANCES FOR WHICH THE COAST GUARD MAY
REQUIRE A RESPONSE PLAN.—Section 311(j)(5) of the Federal Water
Pollution Control Act (33 U.S.C.1321(j)(5)) is further amended—
(1) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively;
(2) by inserting after subparagraph (A) the following:
‘‘(B) The Secretary of the Department in which the Coast
Guard is operating may issue regulations which require an
owner or operator of a tank vessel, a non-tank vessel, or a
facility described in subparagraph (C) that transfers noxious
liquid substances in bulk to or from a vessel to prepare and
submit to the Secretary a plan for responding, to the maximum
extent practicable, to a worst case discharge, and to a substan-
tial threat of such a discharge, of a noxious liquid substance
that is not designated as a hazardous substance or regulated
as oil in any other law or regulation. For purposes of this
paragraph, the term ‘noxious liquid substance’ has the same
meaning when that term is used in the MARPOL Protocol
described in section 2(a)(3) of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901(a)(3)).’’;
(3) by striking ‘‘subparagraph (B)’’ in subparagraph (A)
and inserting ‘‘subparagraph (C)’’;
(4) by striking ‘‘subparagraph (A)’’ in subparagraph (C),
as redesignated, and inserting ‘‘subparagraphs (A) and (B)’’;
and
(5) by striking ‘‘subparagraph (D),’’ in clause (i) of subpara-
graph (F), as redesignated, and inserting ‘‘subparagraph (E),’’.
SEC. 702. REQUIREMENTS FOR TANK LEVEL AND PRESSURE MONI-
TORING DEVICES.
(a) REQUIREMENTS.—Section 4110 of the Oil Pollution Act of
1990 (46 U.S.C. 3703 note) is amended—
H. R. 2443—42
(1) in subsection (a), by striking ‘‘Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall’’ and inserting ‘‘The Secretary may’’; and
(2) in subsection (b)—
(A) by striking ‘‘Not later than 1 year after the date
of the enactment of this Act, the Secretary shall’’ and
inserting ‘‘No sooner than 1 year after the Secretary pre-
scribes regulations under subsection (a), the Secretary
may’’; and
(B) by striking ‘‘the standards’’ and inserting ‘‘any
standards’’.
(b) STUDY.—
(1) STUDY REQUIREMENT.—The Secretary of the department
in which the Coast Guard is operating shall conduct a study
analyzing the costs and benefits of methods other than those
described in subsections (a) and (b) of section 4110 of the
Oil Pollution Act of 1990 for effectively detecting the loss of
oil from oil cargo tanks. The study may include technologies,
monitoring procedures, and other methods.
(2) INPUT.—In conducting the study, the Secretary may
seek input from Federal agencies, industry, and other entities.
(3) REPORT.—The Secretary shall submit a report on the
findings and conclusions of the study to the Committee on
Commerce, Science, and Transportation of the Senate and Com-
mittee on Transportation and Infrastructure of the House of
Representatives by not later than 180 days after the date
of the enactment of this Act.
SEC. 703. LIABILITY AND COST RECOVERY.
(a) DEFINITION OF OWNER OR OPERATOR.—Section 1001(26) of
the Oil Pollution Act of 1990 (33 U.S.C. 2701(26)) is amended
to read as follows:
‘‘(26) ‘owner or operator’—
‘‘(A) means—
‘‘(i) in the case of a vessel, any person owning,
operating, or chartering by demise, the vessel;
‘‘(ii) in the case of an onshore or offshore facility,
any person owning or operating such facility;
‘‘(iii) in the case of any abandoned offshore facility,
the person who owned or operated such facility imme-
diately prior to such abandonment;
‘‘(iv) in the case of any facility, title or control
of which was conveyed due to bankruptcy, foreclosure,
tax delinquency, abandonment, or similar means to
a unit of State or local government, any person who
owned, operated, or otherwise controlled activities at
such facility immediately beforehand;
‘‘(v) notwithstanding subparagraph (B)(i), and in
the same manner and to the same extent, both proce-
durally and substantively, as any nongovernmental
entity, including for purposes of liability under section
1002, any State or local government that has caused
or contributed to a discharge or substantial threat
of a discharge of oil from a vessel or facility ownership
or control of which was acquired involuntarily
through—
H. R. 2443—43
‘‘(I) seizure or otherwise in connection with
law enforcement activity;
‘‘(II) bankruptcy;
‘‘(III) tax delinquency;
‘‘(IV) abandonment; or
‘‘(V) other circumstances in which the govern-
ment involuntarily acquires title by virtue of its
function as sovereign;
‘‘(vi) notwithstanding subparagraph (B)(ii), a per-
son that is a lender and that holds indicia of ownership
primarily to protect a security interest in a vessel
or facility if, while the borrower is still in possession
of the vessel or facility encumbered by the security
interest, the person—
‘‘(I) exercises decision making control over the
environmental compliance related to the vessel or
facility, such that the person has undertaken
responsibility for oil handling or disposal practices
related to the vessel or facility; or
‘‘(II) exercises control at a level comparable
to that of a manager of the vessel or facility, such
that the person has assumed or manifested
responsibility—
‘‘(aa) for the overall management of the
vessel or facility encompassing day-to-day
decision making with respect to environmental
compliance; or
‘‘(bb) over all or substantially all of the
operational functions (as distinguished from
financial or administrative functions) of the
vessel or facility other than the function of
environmental compliance; and
‘‘(B) does not include—
‘‘(i) A unit of state or local government that
acquired ownership or control of a vessel or facility
involuntarily through—
‘‘(I) seizure or otherwise in connection with
law enforcement activity;
‘‘(II) bankruptcy;
‘‘(III) tax delinquency;
‘‘(IV) abandonment; or
‘‘(V) other circumstances in which the govern-
ment involuntarily acquires title by virtue of its
function as sovereign;
‘‘(ii) a person that is a lender that does not partici-
pate in management of a vessel or facility, but holds
indicia of ownership primarily to protect the security
interest of the person in the vessel or facility; or
‘‘(iii) a person that is a lender that did not partici-
pate in management of a vessel or facility prior to
foreclosure, notwithstanding that the person—
‘‘(I) forecloses on the vessel or facility; and
‘‘(II) after foreclosure, sells, re-leases (in the
case of a lease finance transaction), or liquidates
the vessel or facility, maintains business activities,
winds up operations, undertakes a removal action
under section 311(c) of the Federal Water Pollution
H. R. 2443—44
Control Act (33 U.S.C. 1321(c)) or under the direc-
tion of an on-scene coordinator appointed under
the National Contingency Plan, with respect to
the vessel or facility, or takes any other measure
to preserve, protect, or prepare the vessel or facility
prior to sale or disposition,
if the person seeks to sell, re-lease (in the case of
a lease finance transaction), or otherwise divest the
person of the vessel or facility at the earliest prac-
ticable, commercially reasonable time, on commercially
reasonable terms, taking into account market condi-
tions and legal and regulatory requirements;’’.
(b) OTHER DEFINITIONS.—Section 1001 of the Oil Pollution Act
of 1990 (33 U.S.C. 2701) is amended by striking ‘‘and’’ after the
semicolon at the end of paragraph (36), by striking the period
at the end of paragraph (37) and inserting a semicolon, and by
adding at the end the following:
‘‘(38) ‘participate in management’—
‘‘(A)(i) means actually participating in the management
or operational affairs of a vessel or facility; and
‘‘(ii) does not include merely having the capacity
to influence, or the unexercised right to control, vessel
or facility operations; and
‘‘(B) does not include—
‘‘(i) performing an act or failing to act prior to
the time at which a security interest is created in
a vessel or facility;
‘‘(ii) holding a security interest or abandoning or
releasing a security interest;
‘‘(iii) including in the terms of an extension of
credit, or in a contract or security agreement relating
to the extension, a covenant, warranty, or other term
or condition that relates to environmental compliance;
‘‘(iv) monitoring or enforcing the terms and condi-
tions of the extension of credit or security interest;
‘‘(v) monitoring or undertaking one or more inspec-
tions of the vessel or facility;
‘‘(vi) requiring a removal action or other lawful
means of addressing a discharge or substantial threat
of a discharge of oil in connection with the vessel
or facility prior to, during, or on the expiration of
the term of the extension of credit;
‘‘(vii) providing financial or other advice or coun-
seling in an effort to mitigate, prevent, or cure default
or diminution in the value of the vessel or facility;
‘‘(viii) restructuring, renegotiating, or otherwise
agreeing to alter the terms and conditions of the exten-
sion of credit or security interest, exercising forbear-
ance;
‘‘(ix) exercising other remedies that may be avail-
able under applicable law for the breach of a term
or condition of the extension of credit or security agree-
ment; or
‘‘(x) conducting a removal action under 311(c) of
the Federal Water Pollution Control Act (33 U.S.C.
1321(c)) or under the direction of an on-scene coordi-
nator appointed under the National Contingency Plan,
H. R. 2443—45
if such actions do not rise to the level of participating
in management under subparagraph (A) of this paragraph
and paragraph (26)(A)(vi);
‘‘(39) ‘extension of credit’ has the meaning provided in
section 101(20)(G)(i) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(i));
‘‘(40) ‘financial or administrative function’ has the meaning
provided in section 101(20)(G)(ii) of the Comprehensive
Environmental Response, Compensation and Liability Act of
1980 (42 U.S.C. 9601(20)(G)(ii));
‘‘(41) ‘foreclosure’ and ‘foreclose’ each has the meaning pro-
vided in section 101(20)(G)(iii) of the Comprehensive Environ-
mental Response, Compensation and Liability Act of 1980 (42
U.S.C. 9601(20)(G)(iii));
‘‘(42) ‘lender’ has the meaning provided in section
101(20)(G)(iv) of the Comprehensive Environmental Response,
Compensation 
and 
Liability 
Act 
of 
1980 
(42 
U.S.C.
9601(20)(G)(iv));
‘‘(43) ‘operational function’ has the meaning provided in
section 101(20)(G)(v) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(v)); and
‘‘(44) ‘security interest’ has the meaning provided in section
101(20)(G)(vi) of the Comprehensive Environmental Response,
Compensation 
and 
Liability 
Act 
of 
1980 
(42 
U.S.C.
9601(20)(G)(vi)).’’.
(c) DEFINITION OF CONTRACTUAL RELATIONSHIP.—Section 1003
of the Oil Pollution Act of 1990 (33 U.S.C. 2703) is amended
by adding at the end the following:
‘‘(d) DEFINITION OF CONTRACTUAL RELATIONSHIP.—
‘‘(1) IN GENERAL.—For purposes of subsection (a)(3) the
term ‘contractual relationship’ includes, but is not limited to,
land contracts, deeds, easements, leases, or other instruments
transferring title or possession, unless—
‘‘(A) the real property on which the facility concerned
is located was acquired by the responsible party after the
placement of the oil on, in, or at the real property on
which the facility concerned is located;
‘‘(B) one or more of the circumstances described in
subparagraph (A), (B), or (C) of paragraph (2) is established
by the responsible party by a preponderance of the evi-
dence; and
‘‘(C) the responsible party complies with paragraph
(3).
‘‘(2) REQUIRED CIRCUMSTANCE.—The circumstances referred
to in paragraph (1)(B) are the following:
‘‘(A) At the time the responsible party acquired the
real property on which the facility is located the responsible
party did not know and had no reason to know that oil
that is the subject of the discharge or substantial threat
of discharge was located on, in, or at the facility.
‘‘(B) The responsible party is a government entity that
acquired the facility—
‘‘(i) by escheat;
‘‘(ii) through any other involuntary transfer or
acquisition; or
H. R. 2443—46
‘‘(iii) through the exercise of eminent domain
authority by purchase or condemnation.
‘‘(C) The responsible party acquired the facility by
inheritance or bequest.
‘‘(3) ADDITIONAL
REQUIREMENTS.—For purposes of para-
graph (1)(C), the responsible party must establish by a prepon-
derance of the evidence that the responsible party—
‘‘(A) 
has 
satisfied 
the 
requirements 
of 
section
1003(a)(3)(A) and (B);
‘‘(B) has provided full cooperation, assistance, and
facility access to the persons that are authorized to conduct
removal actions, including the cooperation and access nec-
essary for the installation, integrity, operation, and mainte-
nance of any complete or partial removal action;
‘‘(C) is in compliance with any land use restrictions
established or relied on in connection with the removal
action; and
‘‘(D) has not impeded the effectiveness or integrity
of any institutional control employed in connection with
the removal action.
‘‘(4) REASON TO KNOW.—
‘‘(A) APPROPRIATE
INQUIRIES.—To establish that the
responsible party had no reason to know of the matter
described in paragraph (2)(A), the responsible party must
demonstrate to a court that—
‘‘(i) on or before the date on which the responsible
party acquired the real property on which the facility
is located, the responsible party carried out all appro-
priate inquiries, as provided in subparagraphs (B) and
(D), into the previous ownership and uses of the real
property on which the facility is located in accordance
with generally accepted good commercial and cus-
tomary standards and practices; and
‘‘(ii) the responsible party took reasonable steps
to—
‘‘(I) stop any continuing discharge;
‘‘(II) prevent any substantial threat of dis-
charge; and
‘‘(III) prevent or limit any human, environ-
mental, or natural resource exposure to any pre-
viously discharged oil.
‘‘(B) REGULATIONS ESTABLISHING STANDARDS AND PRAC-
TICES.—Not later than 2 years after the date of the enact-
ment of this paragraph, the Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
shall by regulation establish standards and practices for
the purpose of satisfying the requirement to carry out
all appropriate inquiries under subparagraph (A).
‘‘(C) CRITERIA.—In promulgating regulations that
establish the standards and practices referred to in
subparagraph (B), the Secretary shall include in such
standards and practices provisions regarding each of the
following:
‘‘(i) The results of an inquiry by an environmental
professional.
‘‘(ii) Interviews with past and present owners,
operators, and occupants of the facility and the real
H. R. 2443—47
property on which the facility is located for the purpose
of gathering information regarding the potential for
oil at the facility and on the real property on which
the facility is located.
‘‘(iii) Reviews of historical sources, such as chain
of title documents, aerial photographs, building depart-
ment records, and land use records, to determine pre-
vious uses and occupancies of the real property on
which the facility is located since the property was
first developed.
‘‘(iv) Searches for recorded environmental cleanup
liens against the facility and the real property on which
the facility is located that are filed under Federal,
State, or local law.
‘‘(v) Reviews of Federal, State, and local govern-
ment records, waste disposal records, underground
storage tank records, and waste handling, generation,
treatment, disposal, and spill records, concerning oil
at or near the facility and on the real property on
which the facility is located.
‘‘(vi) Visual inspections of the facility, the real
property on which the facility is located, and adjoining
properties.
‘‘(vii) Specialized knowledge or experience on the
part of the responsible party.
‘‘(viii) The relationship of the purchase price to
the value of the facility and the real property on which
the facility is located, if oil was not at the facility
or on the real property.
‘‘(ix) Commonly known or reasonably ascertainable
information about the facility and the real property
on which the facility is located.
‘‘(x) The degree of obviousness of the presence or
likely presence of oil at the facility and on the real
property on which the facility is located, and the ability
to detect the oil by appropriate investigation.
‘‘(D) INTERIM STANDARDS AND PRACTICES.—
‘‘(i) REAL PROPERTY PURCHASED BEFORE MAY 31,
1997.—With respect to real property purchased before
May 31, 1997, in making a determination with respect
to a responsible party described in subparagraph (A),
a court shall take into account—
‘‘(I) any specialized knowledge or experience
on the part of the responsible party;
‘‘(II) the relationship of the purchase price to
the value of the facility and the real property
on which the facility is located, if the oil was
not at the facility or on the real property;
‘‘(III) 
commonly 
known 
or 
reasonably
ascertainable information about the facility and
the real property on which the facility is located;
‘‘(IV) the obviousness of the presence or likely
presence of oil at the facility and on the real prop-
erty on which the facility is located; and
‘‘(V) the ability of the responsible party to
detect oil by appropriate inspection.
H. R. 2443—48
‘‘(ii) REAL PROPERTY PURCHASED ON OR AFTER MAY
31, 1997.—With respect to real property purchased on
or after May 31, 1997, until the Secretary promulgates
the regulations described in clause (ii), the procedures
of the American Society for Testing and Materials,
including the document known as ‘Standard E1527–
97’, entitled ‘Standard Practice for Environmental Site
Assessment: Phase I Environmental Site Assessment
Process’, shall satisfy the requirements in subpara-
graph (A).
‘‘(E) SITE INSPECTION AND TITLE SEARCH.—In the case
of real property for residential use or other similar use
purchased by a nongovernmental or noncommercial entity,
inspection and title search of the facility and the real
property on which the facility is located that reveal no
basis for further investigation shall be considered to satisfy
the requirements of this paragraph.
‘‘(5) PREVIOUS OWNER OR OPERATOR.—Nothing in this para-
graph or in section 1003(a)(3) shall diminish the liability of
any previous owner or operator of such facility who would
otherwise be liable under this Act. Notwithstanding this para-
graph, if a responsible party obtained actual knowledge of
the discharge or substantial threat of discharge of oil at such
facility when the responsible party owned the facility and then
subsequently transferred ownership of the facility or the real
property on which the facility is located to another person
without disclosing such knowledge, the responsible party shall
be treated as liable under 1002(a) and no defense under section
1003(a) shall be available to such responsible party.
‘‘(6) LIMITATION ON DEFENSE.—Nothing in this paragraph
shall affect the liability under this Act of a responsible party
who, by any act or omission, caused or contributed to the
discharge or substantial threat of discharge of oil which is
the subject of the action relating to the facility.’’.
SEC. 704. OIL SPILL RECOVERY INSTITUTE.
Section 5006 of the Oil Pollution Act of 1990 (33 U.S.C. 2736)
is amended—
(1) in the first subsection (c), as added by section 1102(b)(4)
of Public Law 104–324 (110 Stat. 3965), by striking ‘‘with
the eleventh year following the date of enactment of the Coast
Guard Authorization Act of 1996,’’ and inserting ‘‘October 1,
2012’’; and
(2) by redesignating the second subsection (c) as subsection
(d).
SEC. 705. ALTERNATIVES.
Section 4115(e)(3) of the Oil Pollution Act of 1990 (46 U.S.C.
3703a note) is amended to read as follows:
‘‘(3) No later than one year after the date of enactment
of the Coast Guard and Maritime Transportation Act of 2004,
the Secretary shall, taking into account the recommendations
contained in the report by the Marine Board of the National
Research Council entitled ‘Environmental Performance of
Tanker Design in Collision and Grounding’ and dated 2001,
establish and publish an environmental equivalency evaluation
index (including the methodology to develop that index) to
assess overall outflow performance due to collisions and
H. R. 2443—49
groundings for double hull tank vessels and alternative hull
designs.’’.
SEC. 706. AUTHORITY TO SETTLE.
Section 1015 of the Oil Pollution Act of 1990 (33 U.S.C. 2715)
is amended by adding at the end the following:
‘‘(d) AUTHORITY TO SETTLE.—The head of any department or
agency responsible for recovering amounts for which a person is
liable under this title may consider, compromise, and settle a claim
for such amounts, including such costs paid from the Fund, if
the claim has not been referred to the Attorney General. In any
case in which the total amount to be recovered may exceed $500,000
(excluding interest), a claim may be compromised and settled under
the preceding sentence only with the prior written approval of
the Attorney General.’’.
SEC. 707. REPORT ON IMPLEMENTATION OF THE OIL POLLUTION ACT
OF 1990.
No later than 180 days after the date of the enactment of
this Act, the Commandant of the Coast Guard shall provide a
written report to the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that shall include
the following:
(1) The status of the levels of funds currently in the Oil
Spill Liability Trust Fund and projections for levels of funds
over the next 5 years, including a detailed accounting of
expenditures of funds from the Oil Spill Liability Trust Fund
for each of fiscal years 2000 through 2004 by all agencies
that receive such funds.
(2) The domestic and international implications of changing
the phase-out date for single hull vessels pursuant to section
3703a of title 46, United States Code, from 2015 to 2010.
(3) The costs and benefits of requiring vessel monitoring
systems on tank vessels used to transport oil or other hazardous
cargo, and of using additional aids to navigation, such as
RACONs.
(4) A summary of the extent to which the response costs
and damages for oil spill incidents have exceeded the liability
limits established in section 1004 of the Oil Pollution Act of
1990 (33 U.S.C. 2704), and a description of the steps that
the Coast Guard has taken or plans to take to implement
subsection (d)(4) of that section.
(5) A summary of manning, inspection, and other safety
issues for tank barges and towing vessels used in connection
with them, including—
(A) a description of applicable Federal regulations,
guidelines, and other policies;
(B) a record of infractions of applicable requirements
described in subparagraph (A) over the past 10 years;
(C) an analysis of oil spill data over the past 10 years,
comparing the number and size of oil spills from tank
barges with those from tanker vessels of a similar size;
and
(D) recommendations on areas of possible improve-
ments to existing regulations, guidelines and policies with
respect to tank barges and towing vessels.
H. R. 2443—50
SEC. 708. LOANS FOR FISHERMEN AND AQUACULTURE PRODUCERS
IMPACTED BY OIL SPILLS.
(a) INTEREST; PARTIAL PAYMENT OF CLAIMS.—Section 1013 of
the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by
adding at the end the following:
‘‘(f) LOAN PROGRAM.—
‘‘(1) IN
GENERAL.—The President shall establish a loan
program under the Fund to provide interim assistance to fisher-
men and aquaculture producer claimants during the claims
procedure.
‘‘(2) ELIGIBILITY FOR LOAN.—A loan may be made under
paragraph (1) only to a fisherman or aquaculture producer
that—
‘‘(A) has incurred damages for which claims are author-
ized under section 1002;
‘‘(B) has made a claim pursuant to this section that
is pending; and
‘‘(C) has not received an interim payment under section
1005(a) for the amount of the claim, or part thereof, that
is pending.
‘‘(3) TERMS AND CONDITIONS OF LOANS.—A loan awarded
under paragraph (1)—
‘‘(A) shall have flexible terms, as determined by the
President;
‘‘(B) shall be for a period ending on the later of—
‘‘(i) the date that is 5 years after the date on
which the loan is made; or
‘‘(ii) the date on which the fisherman or aqua-
culture producer receives payment for the claim to
which the loan relates under the procedure established
by subsections (a) through (e) of this section; and
‘‘(C) shall be at a low interest rate, as determined
by the President.’’.
(b) USES OF THE FUND.—Section 1012(a) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)) is amended—
(1) by striking ‘‘Act.’’ in paragraph (5)(C) and inserting
‘‘Act; and’’; and
(2) by adding at the end the following:
‘‘(6) the making of loans pursuant to the program estab-
lished under section 1013(f).’’.
(c) STUDY.—Not later than 270 days after the date of enactment
of this Act, the Secretary of Commerce, in consultation with the
Administrator of the Environmental Protection Agency, shall submit
to the Congress a study that contains—
(1) an assessment of the effectiveness of the claims proce-
dures and emergency response programs under the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2701 et seq.) concerning claims
filed by, and emergency responses carried out to protect the
interests of, fishermen and aquaculture producers; and
(2) any legislative or other recommendations to improve
the procedures and programs referred to in paragraph (1).
H. R. 2443—51
TITLE VIII—MARITIME
TRANSPORTATION SECURITY
SEC. 801. ENFORCEMENT.
(a) IN GENERAL.—Chapter 701 of title 46, United States Code,
is amended by adding at the end the following:
‘‘§ 70118. Firearms, arrests, and seizure of property
‘‘Subject to guidelines approved by the Secretary, members
of the Coast Guard may, in the performance of official duties—
‘‘(1) carry a firearm; and
‘‘(2) while at a facility—
‘‘(A) make an arrest without warrant for any offense
against the United States committed in their presence;
and
‘‘(B) seize property as otherwise provided by law.
‘‘§ 70119. Enforcement by State and local officers
‘‘(a) IN GENERAL.—Any State or local government law enforce-
ment officer who has authority to enforce State criminal laws may
make an arrest for violation of a security zone regulation prescribed
under section 1 of title II of the Act of June 15, 1917 (chapter
30; 50 U.S.C. 191) or security or safety zone regulation under
section 7(b) of the Ports and Waterways Safety Act (33 U.S.C.
1226(b)) or a safety zone regulation prescribed under section 10(d)
of the Deepwater Port Act of 1974 (33 U.S.C. 1509(d)) by a Coast
Guard official authorized by law to prescribe such regulations,
if—
‘‘(1) such violation is a felony; and
‘‘(2) the officer has reasonable grounds to believe that the
person to be arrested has committed or is committing such
violation.
‘‘(b) OTHER POWERS
NOT AFFECTED.—The provisions of this
section are in addition to any power conferred by law to such
officers. This section shall not be construed as a limitation of
any power conferred by law to such officers, or any other officer
of the United States or any State. This section does not grant
to such officers any powers not authorized by the law of the State
in which those officers are employed.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis at the begin-
ning of chapter 701 of title 46, United States Code, is amended
by adding at the end the following:
‘‘70118. Enforcement.
‘‘70119. Enforcement by State and local officers.’’.
SEC. 802. IN REM LIABILITY FOR CIVIL PENALTIES AND COSTS.
(a) AMENDMENTS TO TITLE 46, UNITED STATES CODE.—Chapter
701 of title 46, United States Code, is amended—
(1) by redesignating section 70117 as 70119; and
(2) by inserting after section 70116 the following:
‘‘§ 70117. In rem liability for civil penalties and certain costs
‘‘(a) CIVIL PENALTIES.—Any vessel operated in violation of this
chapter or any regulations prescribed under this chapter shall be
liable in rem for any civil penalty assessed pursuant to section
70120 for such violation, and may be proceeded against for such
H. R. 2443—52
liability in the United States district court for any district in which
the vessel may be found.
‘‘(b) REIMBURSABLE COSTS OF SERVICE PROVIDERS.—A vessel
shall be liable in rem for the reimbursable costs incurred by any
service provider related to implementation and enforcement of this
chapter and arising from a violation by the operator of the vessel
of this chapter or any regulations prescribed under this chapter,
and may be proceeded against for such liability in the United
States district court for any district in which such vessel may
be found.
‘‘(c) DEFINITIONS.—In this subsection—
‘‘(1) the term ‘reimbursable costs’ means costs incurred
by any service provider acting in conformity with a lawful
order of the Federal government or in conformity with the
instructions of the vessel operator; and
‘‘(2) the term ‘service provider’ means any port authority,
facility or terminal operator, shipping agent, Federal, State,
or local government agency, or other person to whom the
management of the vessel at the port of supply is entrusted,
for—
‘‘(A) services rendered to or in relation to vessel crew
on board the vessel, or in transit to or from the vessel,
including accommodation, detention, transportation, and
medical expenses; and
‘‘(B) required handling of cargo or other items on board
the vessel.
‘‘§ 70118. Withholding of clearance
‘‘(a) REFUSAL OR REVOCATION OF CLEARANCE.—If any owner,
agent, master, officer, or person in charge of a vessel is liable
for a penalty under section 70119, or if reasonable cause exists
to believe that the owner, agent, master, officer, or person in charge
may be subject to a penalty under section 70120, the Secretary
may, with respect to such vessel, refuse or revoke any clearance
required by section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91).
‘‘(b) CLEARANCE UPON FILING OF BOND OR OTHER SURETY.—
The Secretary may require the filing of a bond or other surety
as a condition of granting clearance refused or revoked under this
subsection.’’.
(b) ACT OF JUNE 15, 1917.—Section 2 of title II of the Act
of June 15, 1917 (chapter 30; 50 U.S.C. 192), is amended—
(1) in subsection (c) by striking ‘‘Act’’ each place it appears
and inserting ‘‘title’’; and
(2) by adding at the end the following:
‘‘(d) IN REM LIABILITY.—Any vessel that is used in violation
of this title, or of any regulation issued under this title, shall
be liable in rem for any civil penalty assessed pursuant to subsection
(c) and may be proceeded against in the United States district
court for any district in which such vessel may be found.
‘‘(e) WITHHOLDING OF CLEARANCE.—
‘‘(1) IN GENERAL.—If any owner, agent, master, officer, or
person in charge of a vessel is liable for a penalty or fine
under subsection (c), or if reasonable cause exists to believe
that the owner, agent, master, officer, or person in charge
may be subject to a penalty or fine under this section, the
Secretary may, with respect to such vessel, refuse or revoke
H. R. 2443—53
any clearance required by section 4197 of the Revised Statutes
of the United States (46 U.S.C. App. 91).
‘‘(2) CLEARANCE UPON FILING OF BOND OR OTHER SURETY.—
The Secretary may require the filing of a bond or other surety
as a condition of granting clearance refused or revoked under
this subsection.’’.
(c) CLERICAL AMENDMENT.—The chapter analysis at the begin-
ning of chapter 701 of title 46, United States Code, is amended
by striking the last item and inserting the following:
‘‘70117. In rem liability for civil penalties and certain costs.
‘‘70118. Enforcement by injunction or withholding of clearance.
‘‘70119. Civil penalty.’’.
SEC. 803. MARITIME INFORMATION.
(a) MARITIME INTELLIGENCE.—Section 70113(a) of title 46,
United States Code, is amended by adding at the end the following:
‘‘The system may include a vessel risk profiling component that
assigns incoming vessels a terrorism risk rating.’’.
(b) VESSEL TRACKING SYSTEM.—Section 70115 of title 46, United
States Code, is amended in the first sentence by striking ‘‘may’’
and inserting ‘‘shall, consistent with international treaties, conven-
tions, and agreements to which the United States is a party,’’.
(c) MARITIME INFORMATION.—Within 90 days after the date
of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives containing a plan for the
implementation of section 70113 of title 46, United States Code.
The plan shall—
(1) identify Federal agencies with maritime information
relating to vessels, crew, passengers, cargo, and cargo shippers,
those agencies’ maritime information collection and analysis
activities, and the resources devoted to those activities;
(2) establish a lead agency within the Department of Home-
land Security to coordinate the efforts of other Department
agencies in the collection of maritime information and to iden-
tify and avoid unwanted redundancy in those efforts;
(3) identify redundancy in the collection and analysis of
maritime information by agencies within the department in
which the Coast Guard is operating;
(4) establish a timeline for coordinating the collection of
maritime information among agencies within the department
in which the Coast Guard is operating;
(5) include recommendations on co-locating agency per-
sonnel in order to maximize expertise, minimize costs, and
avoid redundancy in both the collection and analysis of mari-
time information;
(6) establish a timeline for the incorporation of information
on vessel movements derived through the implementation of
sections 70114 and 70115 of title 46, United States Code, into
the system for collecting and analyzing maritime information;
(7) include recommendations on educating Federal officials
on the identification of security risks posed through commercial
maritime transportation operations;
(8) include an assessment of the availability and expertise
of private sector maritime information resources;