[Pages S3680-S3685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

By Ms. CANTWELL (for herself and Mr. Kerry):
S. 684. 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; to the Committee on
Commerce, Science, and Transportation.
Ms. CANTWELL. Mr. President, 20 years ago today, the tanker Exxon
Valdez, en route from Valdez, Alaska to Los Angeles, failed to turn
back into the shipping lane after detouring to avoid ice. At 12:04 am,
it ran aground on Bligh Reef in Prince William Sound.
Within 6 hours, the Exxon Valdez spilled 11 million gallons of crude
oil into the Sound's pristine waters and wrote itself into the history
books as the worst oil spill ever in U.S. waters. Eventually, oil
covered 11,000 square miles of ocean.
The environmental and economic damage is impossible to both fathom
and assess; countless seabirds, marine mammals, and fish were killed.
As a result, companies like the Chugach Alaska Corporation went
bankrupt. There were huge losses to recreational sports, fisheries, and
tourism. Today, 20 years later, there is still oil in the area.
But most of all, Exxon Valdez showed us just how unprepared we were.
Today, this disaster serves as a constant reminder that we cannot allow
complacency to drive the ship when it comes to protecting our oceans
from oil spills.
This is why I rise today--on the anniversary of this catastrophe--to
introduce the Oil Pollution Prevention and Response Act of 2009.
This legislation is designed to address some of the events that
perfectly aligned to make the Exxon Valdez disaster possible. It will
put mechanisms in place that will work to protect our Nation's
environment and economy from this kind of devastation, and add another
layer to our oil spill safety net.
Because while our oil spill safety net has come a long way since
1989, it could still be stronger.
In response to the Exxon Valdez oil spill, Congress passed the Oil
Pollution Act of 1990 to say once and for all that complacency has no
place in this country's oil shipping industry. It revolutionized oil
spill risk management, and demonstrated that prevention, preparedness,
and response were the key to filling some of the gaps.
The probability of a major spill has been greatly reduced.
In my home State of Washington, the Coast Guard's District 13 leads
the Nation in oil spill prevention and works closely with the State of
Washington, tribal governments, and industry.
But while the probability of a spill has decreased, the potential
impacts are greater than ever, and just one spill could
catastrophically damage our pristine waterways, ecosystems, and
economy.
This is especially true in places like Washington State's Puget
Sound, where every year, 600 oil tankers and 3,000 oil barges travel
through the Sound, carrying about 15 billion gallons of oil. Or in a
place like the Port of Seattle, where port facilities and activities
support more than 190,000 jobs in the region and generate more than $17
billion in revenue for businesses.
Alarmingly, in 2005, the Seattle Post-Intelligencer identified 650
near-miss incidents, including traffic violations, collisions, and
groundings that occurred in the Sound between 1985 and 2004.
Unfortunately, these close calls are not all we have to worry about.
According to Coast Guard data, although the number of oil spills from
vessels has decreased enormously since passage of OPA 90, the volume of
oil spilled nationwide is still significant.
In 1992, vessels spilled more than 665,000 gallons of oil.
In 2004, the total was higher, at almost 723,000 gallons.
In 2004, there were 36 spills from tank ships, 141 spills from
barges, and 1,562 spills from other vessels, including cargo ships.
I know that many of my colleagues have examples of their own, as
there have been recent spills involving significant amounts of oil off
the coasts of Alaska, Maine, Massachusetts, Oregon, Virginia, Hawaii,
and Washington.
In the last 2 years, we have seen oil on the beaches of San Francisco
and the shores of the Mississippi River in Louisiana.
We must learn from these incidents, from Exxon Valdez, from every
close call. We must pass iron-clad policies that show there is no room
for complacency.
The Oil Pollution and Prevention and Response Act of 2009 is designed
to do just that.
It builds on previous efforts, like the Commerce Committee
Subcommittee on Fisheries and Coast Guard field hearing I chaired in
Seattle in 2005. This hearing focused on improving our oil pollution
prevention and response capabilities, and as a result of the testimony
from many people during that hearing and conversations with the Coast
Guard and other stakeholders, I introduced the Oil Pollution Prevention
and Response Act in March of 2006.

This bill updates that effort and includes additional provisions to
reinvigorate our commitment to oil spill prevention and strengthen our
oil spill safety net.
This bill will strengthen navigational measures in sensitive areas by
requiring the identification of natural resources of particular
ecological or economic importance--such as fisheries, marine
sanctuaries, and important estuaries. Because if we know where the
critically important resources are, we can re-route ships away from
them.
It will improve the Coast Guard's coordination with State Oil Spill
Prevention and Response.
The bill will mandate the Coast Guard to further reduce the risks of
oil spills from activities that have been put on a back burner in the
past; such as the potential for a spill when oil is transferred between
vessels.
The bill will augment the Coast Guard's vessel inspection manpower.
It will require the Coast Guard to track and report on instances of
human error, the most frequent cause of accidental spills.
This is an important step in the right direction for our Nation's oil
spill safety net.
It is a proclamation that we are not going to allow complacency back
at the wheel, nor are we going to allow politics to get in the way of
doing what's right.
Twenty years ago we saw exactly what can happen. Today it is up to us
to ensure that this country's environment, economy, and people never
have to witness the aftermath of another Exxon Valdez.
The truth is, until we move this country away from its dangerous
dependence on oil and toward a cleaner,

[[Page S3681]]

more affordable, sustainable energy future, oil spills will be
inevitable. So while we must continue to fight for a new energy future,
we must also take responsibility and precautions for the symptoms of
our actions today.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 684

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 2009''.

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. Notification requirements.
Sec. 112. Cooperative State inspection authority.
Sec. 113. Tug escorts for laden oil tankers.
Sec. 114. Tank and non-tank vessel response plans.
Sec. 115. 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. International efforts on enforcement.
Sec. 207. 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. 306. Oil spills in icy and Arctic conditions.

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.);
(B) under section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321) as amended by section 701 of the
Coast guard and Maritime Transportation Act of 2004 (Public
Law 108-293); and
(C) for--
(i) automatic identification systems required under section
70114 of title 46, United States Code; and

[[Page S3682]]

(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.), and under section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) as
amended by section 701 of the Coast guard and Maritime
Transportation Act of 2004 (Public Law 108-293) 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.--Section
8502(g) of title 46, United States Code, is amended by adding
at the end thereof the following:
``(3) In any area of Buzzards Bay, Massachusetts, where a
single-hull tank vessel carrying 5,000 or more barrels of oil
or other hazardous material is required to be under the
direction and control of a pilot licensed under section 7101
of this title, the pilot may not be a member of the crew of
that vessel and shall be a pilot licensed by the Commonwealth
of Massachusetts who is operating under a Federal license.''.
(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;
(2) shall consider--
(A) requirements for use of equipment, such as putting
booms in place for transfers, safety, and environmental
impacts;
(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; and
(3) shall take into account the safety of personnel and
effectiveness of available procedures and equipment for
preventing or mitigating transfer spills.
(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

[[Page S3683]]

for Oceans and Atmosphere shall conduct a Safe Seas oil spill
drill in the Olympic Coast National Marine Sanctuary in
fiscal year 2010. 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 2010 $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 2010 through 2014.

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) Inclusion of Tribal Government.--The Secretary shall
ensure that, as soon as practicable after identifying an oil
spill that is likely to have a significant impact on natural
or cultural resources owned or directly 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.
(c) 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. Such memoranda of agreement and associated
protocols with Indian tribal governments may include--
(1) arrangements for the assistance of the tribal
government to participate in the development of the National
Contingency Plan and local Area Contingency Plans to the
extent they affect tribal lands, cultural and natural
resources;
(2) arrangements for the assistance of the tribal
government to develop the capacity to implement the National
Contingency Plan and local Area Contingency Plans to the
extent they affect tribal lands, cultural and natural
resources;
(3) provisions on coordination in the event of a spill,
including agreements that representatives of the tribal
government will be included as part of the regional response
team co-chaired by the Coast Guard and the Environmental
Protection Agency to establish policies for responding to oil
spills;
(4) arrangements for the Coast Guard to provide training of
tribal incident commanders and spill responders for oil spill
preparedness and response;
(5) demonstration projects to assist tribal governments in
building the capacity to protect tribal treaty rights and
trust assets from oil spills; and
(6) such additional measures the Coast Guard determines to
be necessary for oil pollution prevention, preparedness, and
response.
(d) 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 (c) 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 2010 through 2014 to be
used to carry out this section.

SEC. 111 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. 112. 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.

[[Page S3684]]

(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. 113. 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. 114. 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. 115. 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, 2012, 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 2010
through 2012.

SEC. 152. ELECTRONIC NAVIGATIONAL CHARTS.

(a) In General.--By no later than September 1, 2010, 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 year 2010.

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. 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. 207. 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.

[[Page S3685]]

(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 2010, 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 2010, 2011, and
2012, 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
competitively awarded 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 2010, 2011, and
2012, 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.

SEC. 306. OIL SPILLS IN ICY AND ARCTIC CONDITIONS.

(a) In General.--The Under Secretary of Commerce for Oceans
and Atmosphere, in conjunction with the Commandant, shall
contract with the National Research Council to conduct an
analysis of oil spill risks and response capabilities in the
Arctic and other icy conditions, including spills under pack
ice or in waters with broken ice.
(b) Content.--At a minimum, the analysis shall include a
description of oil spill scenarios that could occur in icy
environments, an assessment of the challenges unique to oil
spill response operations in icy conditions, an examination
of the effectiveness of traditional oil spill response
methods in icy conditions, an assessment of techniques for
detecting, mapping, and tracking spills in icy environments,
and the identification of promising new technologies,
concepts, and research needs.
______