I 
108TH CONGRESS 
2D SESSION 
H. R. 5431 
To amend the Oil Pollution Act of 1990 to prevent oil spills and increase 
liability limits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2004 
Mr. PALLONE 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 prevent oil 
spills and increase liability limits, 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. 
This Act may be cited as the ‘‘Oil Spill Prevention 
and Liability Act of 2004’’. 
SEC. 2. DEFINITION OF RESPONSIBLE PARTY. 
Section 1001(32) of the Oil Pollution Act of 1990 
(33 U.S.C. 2701(32)) is amended by striking subpara-
graph (A) and inserting the following: 
‘‘(A) VESSELS.—
‘‘(i) IN GENERAL.—In the case of a 
vessel other than a single-hull tank vessel, 
any person that owns, operates, or demise 
charters the vessel. 
‘‘(ii) SINGLE-HULL TANK VESSELS.— 
In the case of a single-hull tank vessel, any 
person that— 
‘‘(I) owns, operates, or demise 
charters the vessel; or 
‘‘(II) by contract or agreement, 
through an agent, or otherwise, ar-
ranges for the shipment in a single- 
hull tank vessel of oil owned or pos-
sessed by the person or any other per-
son.’’. 
SEC. 3. LIMITS ON LIABILITY. 
(a) 
INCREASE
IN
LIABILITY
LIMITS.—Section 
1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2704(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘for a tank vessel, the 
greater of—’’ and inserting ‘‘for a double-hull 
tank vessel, after December 31, 2004, the 
greater of—’’;
(B) in subparagraph (A), by striking 
‘‘$1,200’’ and inserting ‘‘$2,400’’; and 
(C) in subparagraph (B)— 
(i) 
in 
clause 
(i), 
by 
striking 
‘‘$10,000,000’’ 
and 
inserting 
‘‘$20,000,000’’; and 
(ii) 
in 
clause 
(ii), 
by 
striking 
‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’; 
(2) by redesignating paragraphs (2) through 
(4) as paragraphs (3) through (5), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) for a single-hull tank vessel— 
‘‘(A) during the period beginning January 
1, 2005, and ending December 31, 2005, the 
greater of— 
‘‘(i) $2,400 per gross ton; or 
‘‘(ii)(I) in the case of a vessel of 
greater 
than 
3,000 
gross 
tons, 
$20,000,000; or 
‘‘(II) in the case of a vessel of 3,000 
gross tons or less, $4,000,000; 
‘‘(B) during the period beginning January 
1, 2006, and ending December 31, 2006, the 
greater of—
‘‘(i) $3,600 per gross ton; or 
‘‘(ii)(I) in the case of a vessel of 
greater 
than 
3,000 
gross 
tons, 
$30,000,000; or 
‘‘(II) in the case of a vessel of 3,000 
gross tons or less, $6,000,000; 
‘‘(C) during the period beginning January 
1, 2007, and ending December 31, 2007, the 
greater of— 
‘‘(i) $4,800 per gross ton; or 
‘‘(ii)(I) in the case of a vessel of 
greater 
than 
3,000 
gross 
tons, 
$40,000,000; or 
‘‘(II) in the case of a vessel of 3,000 
gross tons or less, $8,000,000; 
‘‘(D) during the period beginning January 
1, 2008, and ending December 31, 2008, the 
greater of— 
‘‘(i) $6,000 per gross ton; or 
‘‘(ii)(I) in the case of a vessel of 
greater 
than 
3,000 
gross 
tons, 
$50,000,000; or 
‘‘(II) in the case of a vessel of 3,000 
gross tons or less, $10,000,000;
‘‘(E) during the period beginning January 
1, 2009, and ending December 31, 2009, the 
greater of— 
‘‘(i) $7,200 per gross ton; or 
‘‘(ii)(I) in the case of a vessel of 
greater 
than 
3,000 
gross 
tons, 
$60,000,000; or 
‘‘(II) in the case of a vessel of 3,000 
gross tons or less, $12,000,000; and 
‘‘(F) after December 31, 2009, the max-
imum amount permitted under the Constitu-
tion;’’; 
(4) in paragraph (3) (as redesignated by para-
graph (2))— 
(A) by striking ‘‘$600’’ and inserting 
‘‘$1,200’’; and 
(B) by striking ‘‘$500,000’’ and inserting 
‘‘$1,000,000’’; 
(5) in paragraph (4) (as redesignated by para-
graph (2)), by striking ‘‘$75,000,000’’ and inserting 
‘‘$150,000,000’’; and 
(6) in paragraph (5) (as redesignated by para-
graph (2)), by striking ‘‘$350,000,000’’ and insert-
ing ‘‘$700,000,000’’.
(b) ADJUSTMENT
OF LIABILITY LIMITS.—Section 
1004(d) of the Oil Pollution Act of 1990 (33 U.S.C. 
2704(d)) is amended— 
(1) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) DEEPWATER PORTS AND ASSOCIATED VES-
SELS.—The Secretary may establish a limit of liabil-
ity of less than $700,000,000, but not less than 
$100,000,000, for the transportation of oil by vessel 
to deepwater ports (as defined in section 3 of the 
Deepwater Port Act of 1974 (33 U.S.C. 1502).’’; 
and 
(2) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively. 
(c) ADJUSTMENT FOR INFLATION.—Paragraph (2) 
of section 1004(d) of the Oil Pollution Act of 1990 (33 
U.S.C. 2704(d)) (as redesignated by subsection (b)(2)) is 
amended— 
(1) by striking ‘‘The President’’ and inserting 
‘‘The Secretary of the department in which the 
Coast Guard is located, in consultation with the Ad-
ministrator of the Environmental Protection Agency 
and the Secretary of the Interior,’’; and 
(2) by striking ‘‘significant’’.
SEC. 4. CARRIAGE OF LIQUID BULK DANGEROUS CARGOES. 
(a) CONDITIONS
FOR ENTRY
TO PORTS
IN
THE 
UNITED STATES.—Section 9 of the Ports and Waterways 
Safety Act (33 U.S.C. 1228) is amended by adding at the 
end the following: 
‘‘(c) RISK OF SEVERE HARM.—Not later than Janu-
ary 1, 2006, the Secretary of the department in which the 
Coast Guard is located shall promulgate regulations under 
which the owner or operator of a port on the navigable 
waters of the United States may, after December 31, 
2009, place restrictions on the entry into port of a tank 
vessel shipment presenting a risk of severe harm to the 
port or port region.’’. 
(b) 
INSPECTION
AND
EXAMINATION.—Section 
3714(a) of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘(6) In addition to the inspections required 
under paragraphs (1) and (2), each single-hull tank 
vessel that is more than 15 years of age shall under-
go an annual inspection in accordance with the Con-
dition Assessment Scheme of the Marine Environ-
ment Protection Committee of the International 
Maritime Organization, adopted by Resolution 
94(46) on April 27, 2001, as determined in accord-
ance with regulations promulgated by the Sec-
retary.’’.
SEC. 5. STUDY. 
(a) ADMINISTRATION.—The Commandant of the 
Coast Guard shall offer to enter into a contract with the 
National Academy of Sciences to conduct a study to assess 
the total economic cost of oil spills, and the types of costs 
resulting from oil spills, in the United States. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Commandant of the Coast 
Guard shall submit to Congress a report describing the 
results of the study. 
SEC. 6. EFFECTIVE DATE. 
This Act and the amendments made by this Act take 
effect on January 1, 2005. 
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