I
105TH CONGRESS
1ST SESSION
H. R. 238
To amend the Oil Pollution Act of 1990 to make the Act more effective
in preventing oil pollution in the Nation’s waters through enhanced
prevention of, and improved response to, oil spills, and to ensure that
citizens and communities injured by oil spills are promptly and fully
compensated, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. MENENDEZ introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend the Oil Pollution Act of 1990 to make the Act
more effective in preventing oil pollution in the Nation’s
waters through enhanced prevention of, and improved
response to, oil spills, and to ensure that citizens and
communities injured by oil spills are promptly and fully
compensated, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Oil Spill Prevention and Response Improvement Act’’.
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(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. Qualification of major oil spills as major disasters.
Sec. 204. Access to oil spill liability trust fund for natural resource damages.
Sec. 205. Access to necessary information, expertise, and funding to mitigate
near-term ecological injury resulting from oil spill.
Sec. 206. Compliance with response plans.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ‘‘Secretary’’ means the Sec-
retary 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:
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(2) by adding at the end the following:
‘‘(4) DOUBLE-HULLED
VESSELS.—The excep-
tion 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; or
‘‘(B) to a double hull vessel that is replac-
ing 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 REGULA-
TIONS.—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 Rule-
making (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) CONSIDERATION OF FIRE-SUPPRESSION EQUIP-
MENT IN TOWING SAFETY RULEMAKING.—In issuing a
final rule on navigation safety equipment for towing ves-
sels in accordance with subsection (a), the Secretary shall
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establish a requirement that a towing vessel have a fire-
suppression system or other equipment to provide ade-
quate assurance that an onboard fire can be suppressed
under reasonably foreseeable circumstances.
SEC. 104. OTHER OIL PREVENTION ENHANCEMENT MEAS-
URES.
(a) REQUIREMENT
FOR
STUDY
OF
OIL
SPILL
RISKS.—
(1) IN GENERAL.—The Secretary shall coordi-
nate with the Marine Board of the National Re-
search Council on a study into how the designation
of waters through which tank vessels transport oil,
and the designation of shipping lanes for tank ves-
sels, 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 that would
minimize the risk of oil spills.
(b) LIGHTERING OPERATIONS.—The first sentence of
section 3715(b) of title 46, United States Code, is amend-
ed 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’’.
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TITLE II—IMPROVEMENT OF
RESPONSES TO OIL SPILLS
SEC. 201. ACCESS TO TIMELY SHORT-TERM FINANCIAL AS-
SISTANCE FOR PERSONS INJURED BY OIL
SPILLS.
(a) DAMAGES FOR LOSS OF PROFITS OR IMPAIR-
MENT 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 claim-
ant 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 in-
serting the following:
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‘‘(1) IN
GENERAL.—If a responsible party’’;
and
(2) by adding at the end the following:
‘‘(2) CLAIM FOR INTERIM DAMAGES.—An ad-
vertisement 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 pre-
clude recovery for damages not reflected in the paid
or settled partial claim.’’.
(d) SUBROGATION.—Section 1015(a) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2715(a)) is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(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 represent-
ing 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
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the portion of the claim reflected in the paid interim
claim.
‘‘(2) FINAL
DAMAGES.—Payment of such a
claim shall not foreclose a claimant’s right to recov-
ery of all damages to which the claimant otherwise
is entitled under this title or any other law.’’.
SEC. 202. ADVANCE PLANNING AND COORDINATION TO EN-
SURE PROMPT DECISIONMAKING ON RE-
OPENING 
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 in-
serting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iii) acting through the Under Sec-
retary of Commerce for Oceans and At-
mosphere and in consultation with the Ad-
ministrator, the Director of the United
States Fish and Wildlife Service, and other
affected agencies, issue guidance for Area
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Committees to use in developing a frame-
work for advanced planning and decision-
making with respect to the closing and re-
opening 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 OF-
FICIALS.—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 plan-
ning 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 fol-
lowing:
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‘‘(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 fish-
ing 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) (2) or (4),
or 5006(b); or
‘‘(b) an amount not exceeding $50,000,000
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));
‘‘(ii) conduct the assessment of natu-
ral resource damages required under sec-
tion 1006;
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Water Pollution Control Act (as amended by section
202(b)(2) of this Act) is amended—
(A) by redesignating clauses (viii) and (ix)
as clauses (ix) and (x), respectively; and
(B) by inserting after clause (vii) the fol-
lowing:
‘‘(viii) compile a list of local scientists,
both inside and outside Federal Government
service, with expertise in the environmental ef-
fects of spills of the types of oil typically trans-
ported in the area, who may be contacted to
provide information or participate in the sci-
entific 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 6
months after the date of enactment of this
paragraph, the Secretary shall establish a proc-
ess under which a scientific support team shall
be convened immediately in response to each oil
spill covered by this Act.
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‘‘(B) PURPOSE.—The purpose of the sci-
entific 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) PARTICIPATION BY SCIENTISTS WITH
EXPERTISE.—The process under subparagraph
(A) shall provide for consideration for participa-
tion 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 re-
sources.
‘‘(D) OPERATIONS
OPEN
TO
THE
PUB-
LIC.—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 INFORMA-
TION.—
(1) ESTABLISHMENT OF INFORMATION CLEAR-
INGHOUSE.—Section 7001(a) the Oil Pollution Act
of 1990 (33 U.S.C. 2761(a)) is amended—
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(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 com-
pile 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), respec-
tively; and
(B) by inserting the following after sub-
paragraph (E):
‘‘(F) shall maintain and update a body of
information on the environmental effects of var-
ious types of oil spills and how best to mitigate
those effects, which shall be kept in a form that
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is readily transmittable to response teams re-
sponding 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 deter-
mines that deviation from the plan would provide for a
more expeditious or effective response to the spill or miti-
gation of its environmental effects.’’.
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