[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1620 Introduced in Senate (IS)]
1st Session
S. 1620
To provide the Coast Guard and NOAA with additional authorities under
the Oil Pollution Act of 1990, to strengthen the Oil Pollution Act of
1990, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 14, 2007
Ms. Cantwell (for herself and Mr. Kerry) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To provide the Coast Guard and NOAA with additional authorities under
the Oil Pollution Act of 1990, to strengthen the Oil Pollution Act of
1990, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Pollution Prevention and
Response Act of 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
TITLE I--PREVENTION OF OIL SPILLS
Subtitle A--Coast Guard Provisions
Sec. 101. Rulemakings.
Sec. 102. Oil spill response capability.
Sec. 103. Inspections by Coast Guard.
Sec. 104. Oil transfers from vessels.
Sec. 105. Improvements to reduce human error and near-miss incidents.
Sec. 106. Navigational measures for protection of natural resources.
Sec. 107. Olympic Coast National Marine Sanctuary.
Sec. 108. Higher volume port area regulatory definition change.
Sec. 109. Prevention of small oil spills.
Sec. 110. Improved coordination with tribal governments.
Sec. 111. Oil spill advisory council.
Sec. 112. Notification requirements.
Sec. 113. Cooperative State inspection authority.
Sec. 114. Tug escorts for laden oil tankers.
Sec. 115. Tank and non-tank vessel response plans.
Sec. 116. Report on the availability of technology to detect the loss
of oil.
Subtitle B--National Oceanic and Atmospheric Administration Provisions
Sec. 151. Hydrographic surveys.
Sec. 152. Electronic navigational charts.
TITLE II--RESPONSE
Sec. 201. Rapid response system.
Sec. 202. Coast Guard oil spill database.
Sec. 203. Use of oil spill liability trust fund.
Sec. 204. Extension of financial responsibility.
Sec. 205. Liability for use of unsafe single-hull vessels.
Sec. 206. Response tugs.
Sec. 207. International efforts on enforcement.
Sec. 208. Investment of amounts in damage assessment and restoration
revolving fund.
TITLE III--RESEARCH AND MISCELLANEOUS REPORTS
Sec. 301. Federal Oil Spill Research Committee.
Sec. 302. Grant project for development of cost-effective detection
technologies.
Sec. 303. Status of implementation of recommendations by the National
Research Council.
Sec. 304. GAO report.
Sec. 305. Oil transportation infrastructure analysis.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Oil released into the Nation's marine waters can cause
substantial, and in some cases irreparable, harm to the marine
environment.
(2) The economic impact of oil spills is substantial.
Billions of dollars have been spent in the United States for
cleanup of, and damages due to, oil spills; while many social,
cultural, economic, and environmental damages remain
uncompensated.
(3) The Oil Pollution Act of 1990, enacted in response to
the worst vessel oil spill in United States history,
substantially reduced the amount of oil spills from vessels.
However, significant volumes of oil continue to be released,
and the potential for a major spill remains unacceptably high.
(4) Although the total number of oil spills from vessels
has decreased since passage of the Oil Pollution Act of 1990,
more oil was spilled in 2004 from vessels nationwide than was
spilled from vessels in 1992.
(5) Waterborne transportation of oil in the United States
continues to increase.
(6) Although the number of oil spills from tankers declined
from 193 in 1992 to 36 in 2004, spills from oil tankers tend to
be large with devastating impacts.
(7) While the number of oil spills from tank barges has
declined since 1992 (322 spills to 141 spills in 2004), the
volume of oil spilled from tank barges has remained constant at
approximately 200,000 gallons spilled each year.
(8) Oil spills from non-tank vessels averaged between
125,000 gallons and 400,000 gallons per year from 1992 through
2004 and accounted for over half of the total number of spills
from all sources, including vessels and non-vessel sources.
(9) Recent spills involving significant quantities of oil
have occurred off the coasts of Alaska, Maine, Massachusetts,
Oregon, Virginia, and Washington, and involved barges, tank
vessels, and non-tank vessels. The value of waterfront
property, sport, commercial and tribal treaty fisheries,
recreation, tourism, and threatened and endangered species
continue to increase.
(10) It is more cost-effective to prevent oil spills than
it is to clean-up oil once it is released into the environment.
(11) Of the 20 major vessel oil spill incidents since 1990
where liability limits have been exceeded, 10 involved tank
barges, 8 involved non-tank vessels, 2 involved tankers, and
only 1 involved a vessel that was double-hulled.
(12) Although recent technological improvements in oil
tanker design, such as double hulls and redundant steering,
increase tanker safety, these technologies are not a panacea
and cannot ensure against oil spills, the leading cause of
which is human error.
(13) The Federal Government has a responsibility to protect
the Nation's natural resources, public health, and environment
by improving Federal measures to prevent and respond to oil
spills.
(14) Environmentally fragile coastal areas are vitally
important to local economies and the way of life in coastal
States and federally recognized tribal governments. These areas
are particularly vulnerable to the threat of oil spills.
Coastal waters contribute approximately 75 percent of all
commercial shellfish and finfish catches, and over 81 percent
of all recreational fishing catches in the United States,
outside of Alaska and Hawaii.
(15) The northern coast of Washington State and entrance to
Puget Sound is the principal corridor conveying Pacific Rim
commerce into the State, to Canada's largest port, and to the
United States' third largest naval complex. The area contains a
National Marine Sanctuary, a National Park, and many National
Wildlife Refuges contiguous with marine waters.
(16) State, local, and tribal governments have important
human resources and spill response capabilities which can
contribute to response efforts in the event of a significant
oil spill. State, local, and tribal governments may have unique
local knowledge of natural resources which can improve the
quality of spill response. For these reasons, State, local and
tribal governments need appropriate information to have
knowledge of spills, as well as incidents and activities that
may result in a spill, which can impact State waters.
SEC. 4. DEFINITIONS.
In this Act:
(1) Area to be avoided.--The term ``area to be avoided''
means a routing measure established by the International
Maritime Organization as an area to be avoided.
(2) Coastal state.--The term ``coastal State'' has the
meaning given that term by section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4)).
(3) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(4) Non-tank vessel.--The term ``non-tank vessel'' means a
self-propelled vessel other than a tank vessel.
(5) Oil.--The term ``oil'' has the meaning given that term
by section 1001(23) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(23)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating except
where otherwise explicitly stated.
(7) Tank vessel.--The term ``tank vessel'' has the meaning
given that term by section 1001(34) of the Oil Pollution Act of
1990 (33 U.S.C. 2701(34)).
(8) Waters subject to the jurisdiction of the United
States.--The term ``waters subject to the jurisdiction of the
United States'' means navigable waters (as defined in section
1001(21) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(21))
as well as--
(A) the territorial sea of the United States as
defined in Presidential Proclamation Number 5928 of
December 27, 1988; and
(B) the Exclusive Economic Zone of the United
States established by Presidential Proclamation Number
5030 of March 10, 1983.
(9) Other terms.--The terms ``facility'', ``gross ton'',
``exclusive economic zone'', ``incident'', ``oil'', ``tank
vessel'', ``territorial seas'', and ``vessel'' have the meaning
given those terms in section 1001 of the Oil Pollution Act of
1990 (33 U.S.C. 2701).
TITLE I--PREVENTION OF OIL SPILLS
Subtitle A--Coast Guard Provisions
SEC. 101. RULEMAKINGS.
(a) Status Report.--
(1) In general.--Within 90 days after the date of enactment
of this Act, the Secretary shall provide a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure on the status of all Coast Guard rulemakings
required (but for which no final rule has been issued as of the
date of enactment of this Act)--
(A) under the Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.); and
(B) for--
(i) automatic identification systems
required under section 70114 of title 46,
United States Code; and
(ii) inspection requirements for towing
vessels required under section 3306(j) of that
title.
(2) Information required.--The Secretary shall include in
the report required by paragraph (1)--
(A) a detailed explanation with respect to each
such rulemaking as to--
(i) what steps have been completed;
(ii) what areas remain to be addressed; and
(iii) the cause of any delays; and
(B) the date by which a final rule may reasonably
be expected to be issued.
(b) Final Rules.--The Secretary shall issue a final rule in each
pending rulemaking under the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.) as soon as practicable, but in no event later than 18 months
after the date of enactment of this Act.
SEC. 102. OIL SPILL RESPONSE CAPABILITY.
(a) Safety Standards for Towing Vessels.--In promulgating
regulations for towing vessels under chapter 33 of title 46, United
States Code, the Secretary of the department in which the Coast Guard
is operating shall--
(1) give priority to completing such regulations for towing
operations involving tank vessels; and
(2) consider the possible application of standards that, as
of the date of enactment of this Act, apply to self-propelled
tank vessels, and any modifications that may be necessary for
application to towing vessels due to ship design, safety, and
other relevant factors.
(b) Reduction of Oil Spill Risk in Buzzards Bay.--No later than
January 1, 2008, the Secretary of the department in which the Coast
Guard is operating shall promulgate a final rule for Buzzards Bay,
Massachusetts, pursuant to the notice of proposed rulemaking published
on March 29, 2006, (71 Fed. Reg. 15649), after taking into
consideration public comments submitted pursuant to that notice, to
adopt measures to reduce the risk of oil spills in Buzzards Bay,
Massachusetts.
(c) Reporting.--The Secretary shall transmit an annual report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Resources on the extent to which
tank vessels in Buzzards Bay, Massachusetts, are using routes
recommended by the Coast Guard.
SEC. 103. INSPECTIONS BY COAST GUARD.
(a) In General.--The Secretary shall ensure that the inspection
schedule for all United States and foreign-flag tank vessels that enter
a United States port or place increases the frequency and
comprehensiveness of Coast Guard safety inspections based on such
factors as vessel age, hull configuration, past violations of any
applicable discharge and safety regulations under United States and
international law, indications that the class societies inspecting such
vessels may be substandard, and other factors relevant to the potential
risk of an oil spill.
(b) Enhanced Verification of Structural Condition.--The Coast Guard
shall adopt, as part of its inspection requirements for tank vessels,
additional procedures for enhancing the verification of the reported
structural condition of such vessels, taking into account the Condition
Assessment Scheme adopted by the International Maritime Organization by
Resolution 94(46) on April 27, 2001.
SEC. 104. OIL TRANSFERS FROM VESSELS.
(a) Regulations.--Within 1 year after the date of enactment of this
Act, the Secretary shall promulgate regulations to reduce the risks of
oil spills in operations involving the transfer of oil from or to a
tank vessel. The regulations--
(1) shall focus on operations that have the highest risks
of discharge, including operations at night and in inclement
weather; and
(2) shall consider--
(A) requirements for use of equipment, such as
putting booms in place for transfers;
(B) operational procedures such as manning
standards, communications protocols, and restrictions
on operations in high-risk areas; or
(C) both such requirements and operational
procedures.
(b) Application With State Laws.--The regulations promulgated under
subsection (a) do not preclude the enforcement of any State law or
regulation the requirements of which are at least as stringent as
requirements under the regulations (as determined by the Secretary)
that--
(1) applies in State waters;
(2) does not conflict with, or interfere with the
enforcement of, requirements and operational procedures under
the regulations; and
(3) has been enacted or promulgated before the date of
enactment of this Act.
SEC. 105. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS INCIDENTS.
(a) Report.--Within 1 year after the date of enactment of this Act,
the Secretary shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation, the Senate Committee on
Environment and Public Works, and the House of Representatives
Committee on Transportation and Infrastructure that, using available
data--
(1) identifies the types of human errors that, combined,
account for over 50 percent of all oil spills involving vessels
that have been caused by human error in the past 10 years;
(2) identifies the most frequent types of near-miss oil
spill incidents involving vessels such as collisions,
groundings, and loss of propulsion in the past 10 years;
(3) describes the extent to which there are gaps in the
data with respect to the information required under paragraphs
(1) and (2) and explains the reason for those gaps; and
(4) includes recommendations by the Secretary to address
the identified types of errors and incidents and to address any
such gaps in the data.
(b) Measures.--Based on the findings contained in the report
required by subsection (a), the Secretary shall take appropriate
action, both domestically and at the International Maritime
Organization, to reduce the risk of oil spills from human errors.
SEC. 106. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL RESOURCES.
(a) Designation of At-Risk Areas.--The Secretary and the Under
Secretary of Commerce for Oceans and Atmosphere shall jointly identify
areas where routing or other navigational measures are warranted in
waters subject to the jurisdiction of the United States to reduce the
risk of oil spills and potential damage to natural resources. In
identifying those areas, the Secretary and the Under Secretary shall
give priority consideration to natural resources of particular
ecological importance or economic importance, including commercial
fisheries, aquaculture facilities, marine sanctuaries designated by the
Secretary of Commerce pursuant to the National Marine Sanctuaries Act
(16 U.S.C. 1431 et seq.), estuaries of national significance designated
under section 319 of the Federal Water Pollution Control Act (33 U.S.C.
1330), critical habitats (as defined in section 3(5) of the Endangered
Species Act of 1973 (16 U.S.C. 1532(5)), estuarine research reserves
within the National Estuarine Research Reserve System established by
section 315 of the Coastal Zone Management Act of 1972, and national
parks and national seashores administered by the National Park Service
under the National Park Service Organic Act (16 U.S.C. 1 et seq.).
(b) Factors Considered.--In determining whether navigational
measures are warranted, the Secretary and the Under Secretary shall
consider, at a minimum--
(1) the frequency of transits of vessels required to
prepare a response plan under section 311(j) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j));
(2) the type and quantity of oil transported as cargo or
fuel;
(3) the expected benefits of routing measures in reducing
risks of spills;
(4) the costs of such measures;
(5) the safety implications of such measures; and
(6) the nature and value of the resources to be protected
by such measures.
(c) Establishment of Routing and Other Navigational Measures.--The
Secretary shall establish such routing or other navigational measures
for areas identified under subsection (a).
(d) Establishment of Avoidance Areas.--To the extent that the
Secretary and the Under Secretary conclude that the establishment of
areas to be avoided is warranted under this section, they shall seek to
establish such areas through the International Maritime Organization or
establish comparable areas pursuant to regulations and in a manner that
is consistent with international law.
(e) Oil Shipment Data and Report.--
(1) Data collection.--The Secretary, through the Commandant
and in consultation with the Army Corps of Engineers, shall
analyze data on oil transported as cargo on vessels in the
navigable waters of the United States, including information
on--
(A) the quantity and type of oil being transported;
(B) the vessels used for such transportation;
(C) the frequency with which each type of oil is
being transported; and
(D) the point of origin, transit route, and
destination of each such shipment of oil.
(2) Report.--The Secretary shall transmit a report, not
less frequently than quarterly, to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce, on the data
collected and analyzed under paragraph (1) in a format that
does not disclose information exempted from disclosure under
section 552b(e) of title 5, United States Code.
SEC. 107. OLYMPIC COAST NATIONAL MARINE SANCTUARY.
(a) Olympic Coast National Marine Sanctuary Area To Be Avoided.--
The Secretary and the Under Secretary of Commerce for Oceans and
Atmosphere shall revise the area to be avoided off the coast of the
State of Washington so that restrictions apply to all vessels required
to prepare a response plan under section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) (other than fishing or
research vessels while engaged in fishing or research within the area
to be avoided).
(b) Emergency Oil Spill Drill.--
(1) In general.--In cooperation with the Secretary, the
Under Secretary of Commerce for Oceans and Atmosphere shall
conduct a Safe Seas oil spill drill in the Olympic Coast
National Marine Sanctuary in fiscal year 2008. The Secretary
and the Under Secretary of Commerce for Oceans and Atmosphere
jointly shall coordinate with other Federal agencies, State,
local, and tribal governmental entities, and other appropriate
entities, in conducting this drill.
(2) Other required drills.--Nothing in this subsection
supersedes any Coast Guard requirement for conducting emergency
oil spill drills in the Olympic Coast National Marine
Sanctuary. The Secretary shall consider conducting regular
field exercises, such as National Preparedness for Response
Exercise Program (PREP) in other national marine sanctuaries as
well as areas identified in section 106(a) of this bill.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Under Secretary of Commerce for
Oceans and Atmosphere for fiscal year 2008 $700,000 to carry
out this subsection.
SEC. 108. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.
(a) In General.--Within 30 days after the date of enactment of this
Act, notwithstanding subchapter 5 of title 5, United States Code, the
Commandant shall modify the definition of the term ``higher volume port
area'' in section 155.1020 of the Coast Guard regulations (33 C.F.R.
155.1020) by striking ``Port Angeles, WA'' in paragraph (13) of that
section and inserting ``Cape Flattery, WA'' without initiating a
rulemaking proceeding.
(b) Emergency Response Plan Reviews.--Within 5 years after the date
of enactment of this Act, the Coast Guard shall complete its review of
any changes to emergency response plans pursuant to the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) resulting from the
modification of the higher volume port area definition required by
subsection (a).
SEC. 109. PREVENTION OF SMALL OIL SPILLS.
(a) In General.--The Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with other appropriate agencies, shall
establish an oil spill prevention and education program for small
vessels. The program shall provide for assessment, outreach, and
training and voluntary compliance activities to prevent and improve the
effective response to oil spills from vessels and facilities not
required to prepare a vessel response plan under the Federal Water
Pollution Control Act, including recreational vessels, commercial
fishing vessels, marinas, and aquaculture facilities. The Under
Secretary may provide grants to sea grant colleges and institutes
designated under section 207 of the National Sea Grant College Program
Act (33 U.S.C. 1126) and to State agencies, tribal governments, and
other appropriate entities to carry out--
(1) regional assessments to quantify the source, incidence
and volume of small oil spills, focusing initially on regions
in the country where, in the past 10 years, the incidence of
such spills is estimated to be the highest;
(2) voluntary, incentive-based clean marina programs that
encourage marina operators, recreational boaters and small
commercial vessel operators to engage in environmentally sound
operating and maintenance procedures and best management
practices to prevent or reduce pollution from oil spills and
other sources;
(3) cooperative oil spill prevention education programs
that promote public understanding of the impacts of spilled oil
and provide useful information and techniques to minimize
pollution including methods to remove oil and reduce oil
contamination of bilge water, prevent accidental spills during
maintenance and refueling and properly cleanup and dispose of
oil and hazardous substances; and
(4) support for programs, including outreach and education
to address derelict vessels and the threat of such vessels
sinking and discharging oil and other hazardous substances,
including outreach and education to involve efforts to the
owners of such vessels.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary of Commerce for Oceans and
Atmosphere to carry out this section, $10,000,000 annually for each of
fiscal years 2008 through 2012.
SEC. 110. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.
(a) In General.--Within 6 months after the date of enactment of
this Act, the Secretary shall complete the development of a tribal
consultation policy, which recognizes and protects to the maximum
extent practicable tribal treaty rights and trust assets in order to
improve the Coast Guard's consultation and coordination with the tribal
governments of federally recognized Indian tribes with respect to oil
spill prevention, preparedness, response and natural resource damage
assessment.
(b) National Planning.--The Secretary shall assist tribal
governments to participate in the development and capacity to implement
the National Contingency Plan and local Area Contingency Plans to the
extent they affect tribal lands, cultural and natural resources. The
Secretary shall ensure that in regions where oil spills are likely to
have an impact on natural or cultural resources owned or utilized by a
federally recognized Indian tribe, the Coast Guard will--
(1) ensure that representatives of the tribal government of
the potentially affected tribes are included as part of the
regional response team cochaired by the Coast Guard and the
Environmental Protection Agency to establish policies for
responding to oil spills; and
(2) provide training of tribal incident commanders and
spill responders.
(c) Inclusion of Tribal Government.--The Secretary shall ensure
that, as soon as practicable after identifying an oil spill that is
likely to have an impact on natural or cultural resources owned or
utilized by a federally recognized Indian tribe, the Coast Guard will--
(1) ensure that representatives of the tribal government of
the affected tribes are included as part of the incident
command system established by the Coast Guard to respond to the
spill;
(2) share information about the oil spill with the tribal
government of the affected tribe; and
(3) to the extent practicable, involve tribal governments
in deciding how to respond to such spill.
(d) Cooperative Arrangements.--The Coast Guard may enter into
memoranda of agreement and associated protocols with Indian tribal
governments in order to establish cooperative arrangements for oil
pollution prevention, preparedness, and response. Such memoranda may be
entered into prior to the development of the tribal consultation and
coordination policy to provide Indian tribes grant and contract
assistance and may include training for preparedness and response and
provisions on coordination in the event of a spill. As part of these
memoranda of agreement, the Secretary may carry out demonstration
projects to assist tribal governments in building the capacity to
protect tribal treaty rights and trust assets from oil spills to the
maximum extent possible.
(e) Funding for Tribal Participation.--Subject to the availability
of appropriations, the Commandant of the Coast Guard shall provide
assistance to participating tribal governments in order to facilitate
the implementation of cooperative arrangements under subsection (d) and
ensure the participation of tribal governments in such arrangements.
There are authorized to be appropriated to the Commandant $500,000 for
each of fiscal years 2008 through 2012 to be used to carry out this
section.
SEC. 111. OIL SPILL ADVISORY COUNCIL.
Section 5002(k) of the Oil Pollution Act of 1990 (33 U.S.C.
2732(k)) is amended by adding at the end the following:
``(4) Washington state program.--
``(A) In general.--For purposes of this paragraph, the oil
spill advisory council established by section 90.56.120 of
title 90 of the Revised Code of Washington is deemed to be an
advisory council established under this section. The provisions
of this section, other than this paragraph, do not apply to
that oil spill advisory council.
``(B) Funding.--The owners or operators of terminal
facilities or crude oil tankers operating in Washington State
waters shall provide, on an annual basis, an aggregate amount
of not more than $1,000,000, as determined by the Secretary.
Such amount--
``(i) shall be made available to the oil spill
advisory council established by section 90.56.120 of
title 90 of the Revised Code of Washington;
``(ii) shall be adjusted annually by the Consumer
Price Index; and
``(iii) may be adjusted periodically upon the
mutual consent of the owners or operators of terminal
facilities or crude oil tankers operating in Washington
State waters and the Council.''.
SEC. 112. NOTIFICATION REQUIREMENTS.
(a) Marine Casualties.--Section 6101 of title 46, United States
Code, is amended by adding at the end the following:
``(j) Notice to States and Tribal Governments.--Within 1 hour after
receiving a report under this section, the Secretary shall forward the
report to each State and federally recognized Indian tribal government
that has jurisdiction concurrent with the United States or adjacent to
waters in which the casualty occurred. Each State shall identify for
the Secretary the agency to which such reports shall be forwarded and
shall be responsible for forwarding appropriate information to local
and tribal governments within its jurisdiction.''.
(b) State-Required Notice of Bulk Oil Transfers.--Notwithstanding
any other provision of law, a coastal State may, by law, require a
person to provide notice of 24 hours or more to the State and to the
United States Coast Guard before transferring oil in bulk in an amount
equivalent to 250 barrels or more to, from, or within a vessel in State
waters. The Commandant may assist coastal States in developing
appropriate methodologies for joint Federal and State notification of
any such transfers to minimize any potential burden to vessels.
SEC. 113. COOPERATIVE STATE INSPECTION AUTHORITY.
(a) In General.--The Secretary is authorized to execute a joint
enforcement agreement with the Governor of a coastal state that meets
the requirements of subsection (b) under which--
(1) State law enforcement officers with marine law
enforcement responsibilities may be authorized to perform
duties of the Secretary relating to law enforcement provisions
under this title or any other marine resource law enforced by
the Secretary; and
(2) State inspectors are authorized to conduct inspections
of United States and foreign-flag vessels in United States
ports under the supervision of the Coast Guard and report and
refer any documented deficiencies or violations to the Coast
Guard for action.
(b) State Qualifications.--To be eligible to participate in a joint
enforcement agreement under subsection (a), a coastal state shall--
(1) submit an application to the Secretary at such time, in
such form, and containing such information as the Secretary may
require; and
(2) demonstrate to the satisfaction of the Secretary that--
(A) its State inspectors possess, or qualify for, a
merchant mariner officer or engineer license for at
least a 1600 gross-ton vessel under subchapter B of
title 46, Code of Federal Regulations;
(B) it has established support for its inspection
program to track, schedule, and monitor shipping
traffic within its waters; and
(C) it has a funding mechanism to maintain an
inspection program for at least 5 years.
(c) Technical Support and Training.--The Secretary may provide
technical support and training for State inspectors who participate in
a joint enforcement agreement under this section.
SEC. 114. TUG ESCORTS FOR LADEN OIL TANKERS.
Within 1 year after the date of enactment of this Act, the
Secretary of State, in consultation with the Commandant, shall enter
into negotiations with the Government of Canada to ensure that tugboat
escorts are required for all tank ships with a capacity over 40,000
deadweight tons in the Strait of Juan de Fuca, Strait of Georgia, and
in Haro Strait. The Commandant shall consult with the State of
Washington and affected tribal governments during negotiations with the
Government of Canada.
SEC. 115. TANK AND NON-TANK VESSEL RESPONSE PLANS.
Within 1 year after the date of enactment of this Act, the
Secretary shall promulgate regulations authorizing owners and operators
of tank and non-tank vessel to form non-profit cooperatives for the
purpose of complying with section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)).
SEC. 116. REPORT ON THE AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS
OF OIL.
Within 1 year after the date of enactment of this Act, the
Secretary shall submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Energy and Commerce on the availability, feasibility, and potential
cost of technology to detect the loss of oil carried as cargo or as
fuel on tank and non-tank vessels greater than 400 gross tons.
Subtitle B--National Oceanic and Atmospheric Administration Provisions
SEC. 151. HYDROGRAPHIC SURVEYS.
(a) Reduction of Backlog.--The Under Secretary of Commerce for
Oceans and Atmosphere shall continue survey operations to reduce the
survey backlog in navigationally significant waters outlined in its
National Survey Plan, concentrating on areas where oil and other
hazardous materials are transported.
(b) New Surveys.--By no later than January 1, 2010, the Under
Secretary shall complete new surveys, together with necessary data
processing, analysis, and dissemination, for all areas in United States
coastal areas determined by the Under Secretary to be critical areas.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary for the purpose of carrying out the
new surveys required by subsection (b) such sums as may be necessary
for each of fiscal years 2008 through 2012.
SEC. 152. ELECTRONIC NAVIGATIONAL CHARTS.
(a) In General.--By no later than September 1, 2008, the Under
Secretary of Commerce for Oceans and Atmosphere shall complete the
electronic navigation chart suite for all coastal waters of the United
States.
(b) Priorities.--In completing the suite, the Under Secretary shall
give priority to producing and maintaining the electronic navigation
charts of the entrances to major ports and the coastal transportation
routes for oil and hazardous materials, and for estuaries of national
significance designated under section 319 of the Federal Water
Pollution Control Act (33 U.S.C. 1330).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary for the purpose of completing the
electronic navigation chart suite $6,200,000 for fiscal years 2008 and
2009.
TITLE II--RESPONSE
SEC. 201. RAPID RESPONSE SYSTEM.
The Under Secretary of Commerce for Oceans and Atmosphere shall
develop and implement a rapid response system to collect and predict in
situ information about oil spill behavior, trajectory and impacts, and
a mechanism to provide such information rapidly to Federal, State,
tribal, and other entities involved in a response to an oil spill.
SEC. 202. COAST GUARD OIL SPILL DATABASE.
The Secretary shall modify the Coast Guard's oil spill database as
necessary to ensure that it--
(1) includes information on the cause of oil spills
maintained in the database;
(2) is capable of facilitating the analysis of trends and
the comparison of accidents involving oil spills; and
(3) makes the data available to the public.
SEC. 203. USE OF OIL SPILL LIABILITY TRUST FUND.
(a) In General.--Section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) not more than $15,000,000 in each fiscal year
shall be available to the Under Secretary of Commerce
for Oceans and Atmosphere for expenses incurred by, and
activities related to, response and damage assessment
capabilities of the National Oceanic and Atmospheric
Administration;''.
(b) Use of Fund in National Emergencies.--Notwithstanding any
provision of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) to
the contrary, no amount may be made available from the Oil Spill
Liability Trust Fund established by section 9509 of the Internal
Revenue Code of 1986 for claims described in section 1012(a)(4) of that
Act (33 U.S.C. 2712(a)(4)) attributable to any national emergency or
major disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 204. EXTENSION OF FINANCIAL RESPONSIBILITY.
Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C.
2716(a)) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(1);
(2) by inserting ``or'' after the semicolon in paragraph
(2); and
(3) by inserting after paragraph (2) the following:
``(3) any tank vessel over 100 gross tons (except a non-
self-propelled vessel that does not carry oil as cargo) using
any place subject to the jurisdiction of the United States;''.
SEC. 205. LIABILITY FOR USE OF UNSAFE SINGLE-HULL VESSELS.
Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C.
2702(d)) is amended by striking subparagraph (A) and inserting the
following:
``(A) Vessels.--In the case of a vessel--
``(i) any person owning, operating, or
demise chartering the vessel; and
``(ii) the owner of oil being transported
in a tank vessel with a single hull after
December 31, 2010, if the owner of the oil
knew, or should have known, from publicly
available information that the vessel had a
poor safety or operational record.''.
SEC. 206. RESPONSE TUGS.
(a) In General.--Paragraph (5) of section 311(j) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at
the end the following:
``(J) Response tug.--
``(i) In general.--The Secretary shall
require the stationing of a year round response
tug of a minimum of 70-tons bollard pull in the
entry to the Strait of Juan de Fuca at Neah Bay
capable of providing rapid assistance and
towing capability to disabled vessels during
severe weather conditions.
``(ii) Shared resources.--The Secretary may
authorize compliance with the response tug
stationing requirement of clause (i) through
joint or shared resources between or among
entities to which this subsection applies.
``(iii) Existing state authority not
affected.--Nothing in this subparagraph
supersedes or interferes with any existing
authority of a State with respect to the
stationing of rescue tugs in any area under
State law or regulations.
``(iv) Administration.--In carrying out
this subparagraph, the Secretary--
``(I) shall require the vessel
response plan holders to negotiate and
adopt a cost-sharing formula and a
schedule for carrying out this
subparagraph by no later than June 1,
2008;
``(II) shall establish a cost-
sharing formula and a schedule for
carrying out this subparagraph by no
later than July 1, 2008 (without regard
to the requirements of chapter 5 of
title 5, United States Code) if the
vessel response plan holders fail to
adopt the cost-sharing formula and
schedule required by subclause (I) of
this clause by June 1, 2008; and
``(III) shall implement clauses (i)
and (ii) of this subparagraph by June
1, 2008, without a rulemaking and
without regard to the requirements of
chapter 5 of title 5, United States
Code.
``(v) Long term tug capabilities.--Within 6
months after implementing clauses (i) and (ii),
and section 110 of the Oil Pollution Prevention
and Response Act of 2007, the Secretary shall
execute a contract with the National Academy of
Sciences to conduct a study of regional
response tug and salvage needs for Washington's
Olympic coast. In developing the scope of the
study, the National Academy of Sciences shall
consult with Federal, State, and Tribal
trustees as well as relevant stakeholders. The
study--
``(I) shall define the needed
capabilities, equipment, and facilities
for a response tug in the entry to the
Strait of Juan de Fuca at Neah Bay in
order to optimize oil spill protection
on Washington's Olympic coast, provide
rescue towing services, oil spill
response, and salvage and fire-fighting
capabilities;
```(II) shall analyze the tug's
multi-mission capabilities as well as
its ability to utilize cached salvage,
oil spill response, and oil storage
equipment while responding to a spill
or a vessel in distress and make
recommendations as to the placement of
this equipment;
``(III) shall address scenarios
that consider all vessel types and
weather conditions and compare current
Neah Bay tug capabilities, costs, and
benefits with other United States
industry funded response tugs,
including those currently operating in
Alaska's Prince William Sound;
``(IV) shall determine whether the
current level of protection afforded by
the Neah Bay response tug and
associated response equipment is
comparable to protection in other
locations where response tugs operate,
including Prince William Sound, and if
it is not comparable, shall make
recommendations as to how capabilities,
equipment, and facilities should be
modified to achieve optimum
protection.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal year 2008 such sums as
necessary to carry out section 311(j)(5)(J)(v) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)(5)(J)(v)).
SEC. 207. INTERNATIONAL EFFORTS ON ENFORCEMENT.
The Secretary, in consultation with the heads of other appropriate
Federal agencies, shall ensure that the Coast Guard pursues stronger
enforcement in the International Maritime Organization of agreements
related to oil discharges, including joint enforcement operations,
training, and stronger compliance mechanisms.
SEC. 208. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND RESTORATION
REVOLVING FUND.
The Secretary of the Treasury shall invest such portion of the
damage assessment and restoration revolving fund described in title I
of the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1991 (33 U.S.C. 2706 note) as is
not, in the Secretary's judgment, required to meet current withdrawals
in interest-bearing obligations of the United States in accordance with
section 9602 of the Internal Revenue Code of 1986.
TITLE III--RESEARCH AND MISCELLANEOUS REPORTS
SEC. 301. FEDERAL OIL SPILL RESEARCH COMMITTEE.
(a) Establishment.--There is established a committee to be known as
the Federal Oil Spill Research Committee.
(b) Membership.--The members of the Committee shall be designated
by the Under Secretary of Commerce for Oceans and Atmosphere and shall
include representatives from the National Oceanic and Atmospheric
Administration, the United States Coast Guard, the Environmental
Protection Agency, and such other Federal agencies as the President may
designate. A representative of the National Oceanic and Atmospheric
Administration, designated by the Under Secretary, shall serve as
Chairman.
(c) Duties.--The Committee shall coordinate a comprehensive program
of oil pollution research, technology development, and demonstration
among the Federal agencies, in cooperation and coordination with
industry, universities, research institutions, State governments,
tribal governments, and other nations, as appropriate, and shall foster
cost-effective research mechanisms, including the joint funding of
research.
(d) Reports to Congress.--
(1) Not later than 180 days after the date of enactment of
this Act, the Committee shall submit to Congress a report on
the current state of oil spill prevention and response
capabilities that--
(A) identifies current research programs conducted
by governments, universities, and corporate entities;
(B) assesses the current status of knowledge on oil
pollution prevention, response, and mitigation
technologies;
(C) establishes national research priorities and
goals for oil pollution technology development related
to prevention, response, mitigation, and environmental
effects;
(D) identifies regional oil pollution research
needs and priorities for a coordinated program of
research at the regional level developed in
consultation with the State and local governments,
tribes;
(E) assesses the current state of spill response
equipment, and determines areas in need of improvement
including amount, age, quality, effectiveness, or
necessary technological improvements;
(F) assesses the current state of real time data
available to mariners, including water level, currents
and weather information and predictions, and assesses
whether lack of timely information increases the risk
of oil spills; and
(G) includes such recommendations as the Committee
deems appropriate.
(2) Quinquennial updates.--The Committee shall submit a
report every fifth year after its first report under paragraph
(1) updating the information contained in its previous report
under this subsection.
(e) Advice and Guidance.--The Committee shall accept comments and
input from State and local governments, Indian tribes, industry
representatives, and other stakeholders.
(f) National Academy of Science Participation.--The Chairman,
through the National Oceanic and Atmospheric Administration, shall
contract with the National Academy of Sciences to--
(1) provide advice and guidance in the preparation and
development of the research plan; and
(2) assess the adequacy of the plan as submitted, and
submit a report to Congress on the conclusions of such
assessment.
(g) Research and Development Program.--
(1) In general.--The Committee shall establish a program
for conducting oil pollution research and development. Within
180 days after submitting its report to the Congress under
subsection (d), the Committee shall submit to Congress a plan
for the implementation of the program.
(2) Program elements.--The program established under
paragraph (1) shall provide for research, development, and
demonstration of new or improved technologies which are
effective in preventing, detecting, or mitigating oil
discharges and which protect the environment, and include--
(A) high priority research areas described in the
report;
(B) environmental effects of acute and chronic oil
spills;
(C) long-term effects of major spills and the long-
term cumulative effects of smaller endemic spills;
(D) new technologies to detect accidental or
intentional overboard discharges;
(E) response capabilities, such as improved booms,
oil skimmers, and storage capacity;
(F) methods to restore and rehabilitate natural
resources damaged by oil discharges; and
(G) research and training, in consultation with the
National Response Team, to improve industry's and
Government's ability to remove an oil discharge quickly
and effectively.
(h) Grant Program.--
(1) In general.--The Under Secretary of Commerce for Oceans
and Atmosphere shall manage a program of competitive grants to
universities or other research institutions, or groups of
universities or research institutions, for the purposes of
conducting the program established under subsection (g).
(2) Applications and conditions.--In conducting the
program, the Under Secretary--
(A) shall establish a notification and application
procedure;
(B) may establish such conditions, and require such
assurances, as may be appropriate to ensure the
efficiency and integrity of the grant program; and
(C) may make grants under the program on a matching
or nonmatching basis.
(i) Facilitation.--The Committee may develop memoranda of agreement
or memoranda of understanding with universities, States, or other
entities to facilitate the research program.
(j) Annual Reports.--The chairman of the Committee shall submit an
annual report to Congress on the activities carried out under this
section in the preceding fiscal year, and on activities proposed to be
carried out under this section in the current fiscal year.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce to carry out this section--
(1) $200,000 for fiscal year 2008, to remain available
until expended, for contracting with the National Academy of
Sciences and other expenses associated with developing the
report and research program; and
(2) $2,000,000 for each of fiscal years 2008, 2009, and
2010, to remain available until expended, to fund grants under
subsection (h).
(l) Committee Replaces Existing Authority.--The authority provided
by this section supersedes the authority provided by section 7001 of
the Oil Pollution Act of 1990 (33 U.S.C. 2761) for the establishment of
the Interagency Committee on Oil Pollution Research under subsection
(a) of that section, and that Committee shall cease operations and
terminate on the date of enactment of this Act.
SEC. 302. GRANT PROJECT FOR DEVELOPMENT OF COST-EFFECTIVE DETECTION
TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall establish a grant program
for the development of cost-effective technologies, such as infrared,
pressure sensors, and remote sensing, for detecting discharges of oil
from vessels as well as methods and technologies for improving
detection and recovery of submerged and sinking oils.
(b) Matching Requirement.--The Federal share of any project funded
under subsection (a) may not exceed 50 percent of the total cost of the
project.
(c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act the Secretary shall provide a report to the
Senate Committee on Commerce, Science, and Transportation, and to the
House of Representatives Committee on Transportation and Infrastructure
on the results of the program.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Commandant to carry out this section $2,000,000 for
each of fiscal years 2008, 2009, and 2010, to remain available until
expended.
(e) Transfer Prohibited.--Administration of the program established
under subsection (a) may not be transferred within the Department of
Homeland Security or to another department or Federal agency.
SEC. 303. STATUS OF IMPLEMENTATION OF RECOMMENDATIONS BY THE NATIONAL
RESEARCH COUNCIL.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary shall provide a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure on whether the Coast
Guard has implemented each of the recommendations directed at the Coast
Guard, or at the Coast Guard and other entities, in the following
National Research Council reports:
(1) ``Double-Hull Tanker Legislation, An Assessment of the
Oil Pollution Act of 1990'', dated 1998.
(2) ``Oil in the Sea III, Inputs, Fates and Effects'',
dated 2003.
(b) Content.--The report shall contained a detailed explanation of
the actions taken by the Coast Guard pursuant to the National Research
Council reports. If the Secretary determines that the Coast Guard has
not fully implemented the recommendations, the Secretary shall include
a detailed explanation of the reasons any such recommendation has not
been fully implemented, together with any recommendations the Secretary
deems appropriate for implementing any such non-implemented
recommendation.
SEC. 304. GAO REPORT.
Within 1 year after the date of enactment of this Act, the
Comptroller General shall provide a written report with recommendations
for reducing the risks and frequency of releases of oil from vessels
(both intentional and accidental) to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure that includes the following:
(1) Continuing oil releases.--A summary of continuing
sources of oil pollution from vessels, the major causes of such
pollution, the extent to which the Coast Guard or other Federal
or State entities regulate such sources and enforce such
regulations, possible measures that could reduce such releases
of oil.
(2) Double hulls.--
(A) A description of the various types of double
hulls, including designs, construction, and materials,
authorized by the Coast Guard for United States flag
vessels, and by foreign flag vessels pursuant to
international law, and any changes with respect to what
is now authorized compared to the what was authorized
in the past.
(B) A comparison of the potential structural and
design safety risks of the various types of double
hulls described in subparagraph (A) that have been
observed or identified by the Coast Guard, or in public
documents readily available to the Coast Guard,
including susceptibility to corrosion and other
structural concerns, unsafe temperatures within the
hulls, the build-up of gases within the hulls, ease of
inspection, and any other factors affecting reliability
and safety.
(3) Alternative designs for non-tank vessels.--A
description of the various types of alternative designs for
non-tank vessels to reduce risk of an oil spill, known
effectiveness in reducing oil spills, and a summary of how
extensively such designs are being used in the United States
and elsewhere.
(4) Response equipment.--An assessment of the sufficiency
of oil pollution response and salvage equipment, the quality of
existing equipment, new developments in the United States and
elsewhere, and whether new technologies are being used in the
United States.
SEC. 305. OIL TRANSPORTATION INFRASTRUCTURE ANALYSIS.
The Secretary of the Department of Homeland Security shall, in
conjunction with the Secretary of Commerce, the Secretary of
Transportation, the Administrator of the Environmental Protection
Agency, and the heads of other appropriate Federal agencies, contract
with the National Research Council to conduct an analysis of the
condition and safety of all aspects of oil transportation
infrastructure in the United States, and provide recommendations to
improve such safety, including an assessment of the adequacy of
contingency and emergency plans in the event of a natural disaster or
emergency.
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