Text: H.R.1465 — 101st Congress (1989-1990)All Information (Except Text)

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--H.R.1465--
H.R.1465
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To establish limitations on liability for damages resulting from oil pollution,
to establish a fund for the payment of compensation for such damages, 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 Act of 1990'.
SEC. 2. TABLE OF CONTENTS.
  The contents of this Act are as follows:
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 1001. Definitions.
Sec. 1002. Elements of liability.
Sec. 1003. Defenses to liability.
Sec. 1004. Limits on liability.
Sec. 1005. Interest.
Sec. 1006. Natural resources.
Sec. 1007. Recovery by foreign claimants.
Sec. 1008. Recovery by responsible party.
Sec. 1009. Contribution.
Sec. 1010. Indemnification agreements.
Sec. 1011. Consultation on removal actions.
Sec. 1012. Uses of the Fund.
Sec. 1013. Claims procedure.
Sec. 1014. Designation of source and advertisement.
Sec. 1015. Subrogation.
Sec. 1016. Financial responsibility.
Sec. 1017. Litigation, jurisdiction, and venue.
Sec. 1018. Relationship to other law.
Sec. 1019. State financial responsibility.
Sec. 1020. Application.
TITLE II--CONFORMING AMENDMENTS
Sec. 2001. Intervention on the High Seas Act.
Sec. 2002. Federal Water Pollution Control Act.
Sec. 2003. Deepwater Port Act.
Sec. 2004. Outer Continental Shelf Lands Act Amendments of 1978.
TITLE III--INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL
Sec. 3001. Sense of Congress regarding participation in international regime.
Sec. 3002. United States-Canada Great Lakes oil spill cooperation.
Sec. 3003. United States-Canada Lake Champlain oil spill cooperation.
Sec. 3004. International inventory of removal equipment and personnel.
Sec. 3005. Negotiations with Canada concerning tug escorts in Puget Sound.
TITLE IV--PREVENTION AND REMOVAL
Subtitle A--Prevention
Sec. 4101. Review of alcohol and drug abuse and other matters in issuing
licenses, certificates of registry, and merchant mariners' documents.
Sec. 4102. Term of licenses, certificates of registry, and merchant mariners'
documents; criminal record reviews in renewals.
Sec. 4103. Suspension and revocation of licenses, certificates of registry,
and merchant mariners' documents for alcohol and drug abuse.
Sec. 4104. Removal of master or individual in charge.
Sec. 4105. Access to National Driver Register.
Sec. 4106. Manning standards for foreign tank vessels.
Sec. 4107. Vessel traffic service systems.
Sec. 4108. Great Lakes pilotage.
Sec. 4109. Periodic gauging of plating thickness of commercial vessels.
Sec. 4110. Overfill and tank level or pressure monitoring devices.
Sec. 4111. Study on tanker navigation safety standards.
Sec. 4112. Dredge modification study.
Sec. 4113. Use of liners.
Sec. 4114. Tank vessel manning.
Sec. 4115. Establishment of double hull requirement for tank vessels.
Sec. 4116. Pilotage.
Sec. 4117. Maritime pollution prevention training program study.
Sec. 4118. Vessel communication equipment regulations.
Subtitle B--Removal
Sec. 4201. Federal removal authority.
Sec. 4202. National planning and response system.
Sec. 4203. Coast Guard vessel design.
Sec. 4204. Determination of harmful quantities of oil and hazardous substances.
Sec. 4205. Coastwise oil spill response endorsements.
Subtitle C--Penalties and Miscellaneous
Sec. 4301. Federal Water Pollution Control Act penalties.
Sec. 4302. Other penalties.
Sec. 4303. Financial responsibility civil penalties.
Sec. 4304. Deposit of certain penalties into oil spill liability trust fund.
Sec. 4305. Inspection and entry.
Sec. 4306. Civil enforcement under Federal Water Pollution Control Act.
TITLE V--PRINCE WILLIAM SOUND PROVISIONS
Sec. 5001. Oil spill recovery institute.
Sec. 5002. Terminal and tanker oversight and monitoring.
Sec. 5003. Bligh Reef light.
Sec. 5004. Vessel traffic service system.
Sec. 5005. Equipment and personnel requirements under tank vessel and facility
response plans.
Sec. 5006. Funding.
Sec. 5007. Limitation.
TITLE VI--MISCELLANEOUS
Sec. 6001. Savings provisions.
Sec. 6002. Annual appropriations.
Sec. 6003. Outer Banks protection.
Sec. 6004. Cooperative development of common hydrocarbon-bearing areas.
TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
Sec. 7001. Oil pollution research and development program.
TITLE VIII--TRANS-ALASKA PIPELINE SYSTEM
Sec. 8001. Short title.
Subtitle A--Improvements to Trans-Alaska Pipeline System
Sec. 8101. Liability within the State of Alaska and cleanup efforts.
Sec. 8102. Trans-Alaska Pipeline Liability Fund.
Sec. 8103. Presidential task force.
Subtitle B--Penalties
Sec. 8201. Authority of the Secretary of the Interior to impose penalties
on Outer Continental Shelf facilities.
Sec. 8202. Trans-Alaska pipeline system civil penalties.
Subtitle C--Provisions Applicable to Alaska Natives
Sec. 8301. Land conveyances.
Sec. 8302. Impact of potential spills in the Arctic Ocean on Alaska Natives.
TITLE IX--AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND, ETC
Sec. 9001. Amendments to Oil Spill Liability Trust Fund.
Sec. 9002. Changes relating to other funds.
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 1001. DEFINITIONS.
  For the purposes of this Act, the term--
  (1) `act of God' means an unanticipated grave natural disaster or other
  natural phenomenon of an exceptional, inevitable, and irresistible
  character the effects of which could not have been prevented or avoided
  by the exercise of due care or foresight;
  (2) `barrel' means 42 United States gallons at 60 degrees fahrenheit;
  (3) `claim' means a request, made in writing for a sum certain, for
  compensation for damages or removal costs resulting from an incident;
  (4) `claimant' means any person or government who presents a claim for
  compensation under this title;
  (5) `damages' means damages specified in section 1002(b) of this Act,
  and includes the cost of assessing these damages;
  (6) `deepwater port' is a facility licensed under the Deepwater Port Act
  of 1974 (33 U.S.C. 1501-1524);
  (7) `discharge' means any emission (other than natural seepage), intentional
  or unintentional, and includes, but is not limited to, spilling, leaking,
  pumping, pouring, emitting, emptying, or dumping;
  (8) `exclusive economic zone' means the zone established by Presidential
  Proclamation Numbered 5030, dated March 10, 1983, including the ocean
  waters of the areas referred to as `eastern special areas' in Article 3(1)
  of the Agreement between the United States of America and the Union of
  Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;
  (9) `facility' means any structure, group of structures, equipment, or
  device (other than a vessel) which is used for one or more of the following
  purposes: exploring for, drilling for, producing, storing, handling,
  transferring, processing, or transporting oil. This term includes any motor
  vehicle, rolling stock, or pipeline used for one or more of these purposes;
  (10) `foreign offshore unit' means a facility which is located, in whole
  or in part, in the territorial sea or on the continental shelf of a foreign
  country and which is or was used for one or more of the following purposes:
  exploring for, drilling for, producing, storing, handling, transferring,
  processing, or transporting oil produced from the seabed beneath the foreign
  country's territorial sea or from the foreign country's continental shelf;
 (11) `Fund' means the Oil Spill Liability Trust Fund, established by section
 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509);
 (12) `gross ton' has the meaning given that term by the Secretary under
 part J of title 46, United States Code;
 (13) `guarantor' means any person, other than the responsible party, who
 provides evidence of financial responsibility for a responsible party under
 this Act;
 (14) `incident' means any occurrence or series of occurrences having the
 same origin, involving one or more vessels, facilities, or any combination
 thereof, resulting in the discharge or substantial threat of discharge of oil;
 (15) `Indian tribe' means any Indian tribe, band, nation, or other organized
 group or community, but not including any Alaska Native regional or village
 corporation, which is recognized as eligible for the special programs and
 services provided by the United States to Indians because of their status as
 Indians and has governmental authority over lands belonging to or controlled
 by the tribe;
 (16) `lessee' means a person holding a leasehold interest in an oil or gas
 lease on lands beneath navigable waters (as that term is defined in section
 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a))) or on submerged lands
 of the Outer Continental Shelf, granted or maintained under applicable
 State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
 (17) `liable' or `liability' shall be construed to be the standard of
 liability which obtains under section 311 of the Federal Water Pollution
 Control Act (33 U.S.C. 1321);
 (18) `mobile offshore drilling unit' means a vessel (other than a
 self-elevating lift vessel) capable of use as an offshore facility;
 (19) `National Contingency Plan' means the National Contingency Plan prepared
 and published under section 311(d) of the Federal Water Pollution Control Act,
 as amended by this Act, or revised under section 105 of the Comprehensive
 Environmental Response, Compensation, and Liability Act (42 U.S.C. 9605);
 (20) `natural resources' includes land, fish, wildlife, biota, air, water,
 ground water, drinking water supplies, and other such resources belonging to,
 managed by, held in trust by, appertaining to, or otherwise controlled by
 the United States (including the resources of the exclusive economic zone),
 any State or local government or Indian tribe, or any foreign government;
 (21) `navigable waters' means the waters of the United States, including
 the territorial sea;
 (22) `offshore facility' means any facility of any kind located in, on,
 or under any of the navigable waters of the United States, and any facility
 of any kind which is subject to the jurisdiction of the United States and
 is located in, on, or under any other waters, other than a vessel or a
 public vessel;
 (23) `oil' means oil of any kind or in any form, including, but not limited
 to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
 other than dredged spoil, but does not include petroleum, including crude
 oil or any fraction thereof, which is specifically listed or designated as
 a hazardous substance under subparagraphs (A) through (F) of section 101(14)
 of the Comprehensive Environmental Response, Compensation, and Liability Act
 (42 U.S.C. 9601) and which is subject to the provisions of that Act;
 (24) `onshore facility' means any facility (including, but not limited to,
 motor vehicles and rolling stock) of any kind located in, on, or under,
 any land within the United States other than submerged land;
 (25) the term `Outer Continental Shelf facility' means an offshore facility
 which is located, in whole or in part, on the Outer Continental Shelf and
 is or was used for one or more of the following purposes: exploring for,
 drilling for, producing, storing, handling, transferring, processing,
 or transporting oil produced from the Outer Continental Shelf;
 (26) `owner or operator' means (A) in the case of a vessel, any person
 owning, operating, or chartering by demise, the vessel, and (B) in the
 case of an onshore facility, and an offshore facility, any person owning or
 operating such onshore facility or offshore facility, and (C) in the case
 of any abandoned offshore facility, the person who owned or operated such
 facility immediately prior to such abandonment;
 (27) `person' means an individual, corporation, partnership, association,
 State, municipality, commission, or political subdivision of a State,
 or any interstate body;
 (28) `permittee' means a person holding an authorization, license, or permit
 for geological exploration issued under section 11 of the Outer Continental
 Shelf Lands Act (43 U.S.C. 1340) or applicable State law;
 (29) `public vessel' means a vessel owned or bareboat chartered and operated
 by the United States, or by a State or political subdivision thereof,
 or by a foreign nation, except when the vessel is engaged in commerce;
 (30) `remove' or `removal' means containment and removal of oil or a hazardous
 substance from water and shorelines or the taking of other actions as may be
 necessary to minimize or mitigate damage to the public health or welfare,
 including, but not limited to, fish, shellfish, wildlife, and public and
 private property, shorelines, and beaches;
 (31) `removal costs' means the costs of removal that are incurred after a
 discharge of oil has occurred or, in any case in which there is a substantial
 threat of a discharge of oil, the costs to prevent, minimize, or mitigate
 oil pollution from such an incident;
 (32) `responsible party' means the following:
  (A) VESSELS- In the case of a vessel, any person owning, operating, or
  demise chartering the vessel.
  (B) ONSHORE FACILITIES- In the case of an onshore facility (other than a
  pipeline), any person owning or operating the facility, except a Federal
  agency, State, municipality, commission, or political subdivision of a
  State, or any interstate body, that as the owner transfers possession and
  right to use the property to another person by lease, assignment, or permit.
  (C) OFFSHORE FACILITIES- In the case of an offshore facility (other than
  a pipeline or a deepwater port licensed under the Deepwater Port Act of
  1974 (33 U.S.C. 1501 et seq.)), the lessee or permittee of the area in
  which the facility is located or the holder of a right of use and easement
  granted under applicable State law or the Outer Continental Shelf Lands
  Act (43 U.S.C. 1301-1356) for the area in which the facility is located
  (if the holder is a different person than the lessee or permittee), except
  a Federal agency, State, municipality, commission, or political subdivision
  of a State, or any interstate body, that as owner transfers possession and
  right to use the property to another person by lease, assignment, or permit.
  (D) DEEPWATER PORTS- In the case of a deepwater port licensed under the
  Deepwater Port Act of 1974 (33 U.S.C. 1501-1524), the licensee.
  (E) PIPELINES- In the case of a pipeline, any person owning or operating
  the pipeline.
  (F) ABANDONMENT- In the case of an abandoned vessel, onshore facility,
  deepwater port, pipeline, or offshore facility, the persons who would have
  been responsible parties immediately prior to the abandonment of the vessel
  or facility.
 (33) `Secretary' means the Secretary of the department in which the Coast
 Guard is operating;
 (34) `tank vessel' means a vessel that is constructed or adapted to carry,
 or that carries, oil or hazardous material in bulk as cargo or cargo residue,
 and that--
  (A) is a vessel of the United States;
  (B) operates on the navigable waters; or
  (C) transfers oil or hazardous material in a place subject to the
  jurisdiction of the United States;
 (35) `territorial seas' means the belt of the seas measured from the line
 of ordinary low water along that portion of the coast which is in direct
 contact with the open sea and the line marking the seaward limit of inland
 waters, and extending seaward a distance of 3 miles;
 (36) `United States' and `State' mean the several States of the United States,
 the District of Columbia, the Commonwealth of Puerto Rico, Guam, American
 Samoa, the United States Virgin Islands, the Commonwealth of the Northern
 Marianas, and any other territory or possession of the United States; and
 (37) `vessel' means every description of watercraft or other artificial
 contrivance used, or capable of being used, as a means of transportation
 on water, other than a public vessel.
SEC. 1002. ELEMENTS OF LIABILITY.
  (a) IN GENERAL- Notwithstanding any other provision or rule of law, and
  subject to the provisions of this Act, each responsible party for a vessel
  or a facility from which oil is discharged, or which poses the substantial
  threat of a discharge of oil, into or upon the navigable waters or adjoining
  shorelines or the exclusive economic zone is liable for the removal costs
  and damages specified in subsection (b) that result from such incident.
  (b) Covered Removal Costs and Damages-
 (1) REMOVAL COSTS- The removal costs referred to in subsection (a) are--
  (A) all removal costs incurred by the United States, a State, or an Indian
  tribe under subsection (c), (d), (e), or (l) of section 311 of the Federal
  Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act,
  under the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.),
  or under State law; and
  (B) any removal costs incurred by any person for acts taken by the person
  which are consistent with the National Contingency Plan.
  (2) DAMAGES- The damages referred to in subsection (a) are the following:
  (A) NATURAL RESOURCES- Damages for injury to, destruction of, loss of,
  or loss of use of, natural resources, including the reasonable costs of
  assessing the damage, which shall be recoverable by a United States trustee,
  a State trustee, an Indian tribe trustee, or a foreign trustee.
  (B) REAL OR PERSONAL PROPERTY- Damages for injury to, or economic losses
  resulting from destruction of, real or personal property, which shall be
  recoverable by a claimant who owns or leases that property.
  (C) SUBSISTENCE USE- Damages for loss of subsistence use of natural
  resources, which shall be recoverable by any claimant who so uses natural
  resources which have been injured, destroyed, or lost, without regard to
  the ownership or management of the resources.
  (D) REVENUES- Damages equal to the net loss of taxes, royalties, rents,
  fees, or net profit shares due to the injury, destruction, or loss of
  real property, personal property, or natural resources, which shall be
  recoverable by the Government of the United States, a State, or a political
  subdivision thereof.
  (E) PROFITS AND EARNING CAPACITY- Damages equal to the loss of profits
  or impairment of earning capacity due to the injury, destruction, or loss
  of real property, personal property, or natural resources, which shall be
  recoverable by any claimant.
  (F) PUBLIC SERVICES- Damages for net costs of providing increased or
  additional public services during or after removal activities, including
  protection from fire, safety, or health hazards, caused by a discharge of
  oil, which shall be recoverable by a State, or a political subdivision of
  a State.
  (c) EXCLUDED DISCHARGES- This title does not apply to any discharge--
  (1) permitted by a permit issued under Federal, State, or local law;
  (2) from a public vessel; or
  (3) from an onshore facility which is subject to the Trans-Alaska Pipeline
  Authorization Act (43 U.S.C. 1651 et seq.).
  (d) LIABILITY OF THIRD PARTIES-
  (1) IN GENERAL-
  (A) THIRD PARTY TREATED AS RESPONSIBLE PARTY- Except as provided in
  subparagraph (B), in any case in which a responsible party establishes
  that a discharge or threat of a discharge and the resulting removal
  costs and damages were caused solely by an act or omission of one or
  more third parties described in section 1003(a)(3) (or solely by such
  an act or omission in combination with an act of God or an act of war),
  the third party or parties shall be treated as the responsible party or
  parties for purposes of determining liability under this title.
  (B) SUBROGATION OF RESPONSIBLE PARTY- If the responsible party alleges
  that the discharge or threat of a discharge was caused solely by an act
  or omission of a third party, the responsible party--
  (i) in accordance with section 1013, shall pay removal costs and damages
  to any claimant; and
  (ii) shall be entitled by subrogation to all rights of the United States
  Government and the claimant to recover removal costs or damages from the
  third party or the Fund paid under this subsection.
  (2) LIMITATION APPLIED-
  (A) OWNER OR OPERATOR OF VESSEL OR FACILITY- If the act or omission of a
  third party that causes an incident occurs in connection with a vessel or
  facility owned or operated by the third party, the liability of the third
  party shall be subject to the limits provided in section 1004 as applied
  with respect to the vessel or facility.
  (B) OTHER CASES- In any other case, the liability of a third party or
  parties shall not exceed the limitation which would have been applicable
  to the responsible party of the vessel or facility from which the discharge
  actually occurred if the responsible party were liable.
SEC. 1003. DEFENSES TO LIABILITY.
  (a) COMPLETE DEFENSES- A responsible party is not liable for removal costs
  or damages under section 1002 if the responsible party establishes, by a
  preponderance of the evidence, that the discharge or substantial threat of
  a discharge of oil and the resulting damages or removal costs were caused
  solely by--
  (1) an act of God;
  (2) an act of war;
  (3) an act or omission of a third party, other than an employee or agent
  of the responsible party or a third party whose act or omission occurs in
  connection with any contractual relationship with the responsible party
  (except where the sole contractual arrangement arises in connection with
  carriage by a common carrier by rail), if the responsible party establishes,
  by a preponderance of the evidence, that the responsible party--
  (A) exercised due care with respect to the oil concerned, taking into
  consideration the characteristics of the oil and in light of all relevant
  facts and circumstances; and
  (B) took precautions against foreseeable acts or omissions of any such
  third party and the foreseeable consequences of those acts or omissions; or
  (4) any combination of paragraphs (1), (2), and (3).
  (b) DEFENSES AS TO PARTICULAR CLAIMANTS- A responsible party is not liable
  under section 1002 to a claimant, to the extent that the incident is caused
  by the gross negligence or willful misconduct of the claimant.
  (c) LIMITATION ON COMPLETE DEFENSE- Subsection (a) does not apply with
  respect to a responsible party who fails or refuses--
  (1) to report the incident as required by law if the responsible party
  knows or has reason to know of the incident;
 (2) to provide all reasonable cooperation and assistance requested by a
 responsible official in connection with removal activities; or
 (3) without sufficient cause, to comply with an order issued under subsection
 (c) or (e) of section 311 of the Federal Water Pollution Control Act (33
 U.S.C. 1321), as amended by this Act, or the Intervention on the High Seas
 Act (33 U.S.C. 1471 et seq.).
SEC. 1004. LIMITS ON LIABILITY.
  (a) GENERAL RULE- Except as otherwise provided in this section, the total
  of the liability of a responsible party under section 1002 and any removal
  costs incurred by, or on behalf of, the responsible party, with respect
  to each incident shall not exceed--
 (1) for a tank vessel, the greater of--
  (A) $1,200 per gross ton; or
  (B)(i) in the case of a vessel greater than 3,000 gross tons, $10,000,000; or
  (ii) in the case of a vessel of 3,000 gross tons or less, $2,000,000;
 (2) for any other vessel, $600 per gross ton or $500,000, whichever is
 greater;
 (3) for an offshore facility except a deepwater port, the total of all
 removal costs plus $75,000,000; and
 (4) for any onshore facility and a deepwater port, $350,000,000.
  (b) DIVISION OF LIABILITY FOR MOBILE OFFSHORE DRILLING UNITS-
 (1) TREATED FIRST AS TANK VESSEL- For purposes of determining the responsible
 party and applying this Act and except as provided in paragraph (2), a mobile
 offshore drilling unit which is being used as an offshore facility is deemed
 to be a tank vessel with respect to the discharge, or the substantial threat
 of a discharge, of oil on or above the surface of the water.
 (2) TREATED AS FACILITY FOR EXCESS LIABILITY- To the extent that removal
 costs and damages from any incident described in paragraph (1) exceed the
 amount for which a responsible party is liable (as that amount may be
 limited under subsection (a)(1)), the mobile offshore drilling unit is
 deemed to be an offshore facility. For purposes of applying subsection
 (a)(3), the amount specified in that subsection shall be reduced by the
 amount for which the responsible party is liable under paragraph (1).
  (c) EXCEPTIONS-
 (1) ACTS OF RESPONSIBLE PARTY- Subsection (a) does not apply if the incident
 was proximately caused by--
  (A) gross negligence or willful misconduct of, or
  (B) the violation of an applicable Federal safety, construction, or
  operating regulation by,
the responsible party, an agent or employee of the responsible party, or a
person acting pursuant to a contractual relationship with the responsible
party (except where the sole contractual arrangement arises in connection
with carriage by a common carrier by rail).
 (2) FAILURE OR REFUSAL OF RESPONSIBLE PARTY- Subsection (a) does not apply
 if the responsible party fails or refuses--
  (A) to report the incident as required by law and the responsible party
  knows or has reason to know of the incident;
  (B) to provide all reasonable cooperation and assistance requested by a
  responsible official in connection with removal activities; or
  (C) without sufficient cause, to comply with an order issued under subsection
  (c) or (e) of section 311 of the Federal Water Pollution Control Act (33
  U.S.C. 1321), as amended by this Act, or the Intervention on the High Seas
  Act (33 U.S.C. 1471 et seq.).
 (3) OCS FACILITY OR VESSEL- Notwithstanding the limitations established
 under subsection (a) and the defenses of section 1003, all removal costs
 incurred by the United States Government or any State or local official or
 agency in connection with a discharge or substantial threat of a discharge
 of oil from any Outer Continental Shelf facility or a vessel carrying oil
 as cargo from such a facility shall be borne by the owner or operator of
 such facility or vessel.
 (d) ADJUSTING LIMITS OF LIABILITY-
  (1) ONSHORE FACILITIES- Subject to paragraph (2), the President may establish
  by regulation, with respect to any class or category of onshore facility,
  a limit of liability under this section of less than $350,000,000, but
  not less than $8,000,000, taking into account size, storage capacity,
  oil throughput, proximity to sensitive areas, type of oil handled, history
  of discharges, and other factors relevant to risks posed by the class or
  category of facility.
  (2) DEEPWATER PORTS AND ASSOCIATED VESSELS-
  (A) STUDY- The Secretary shall conduct a study of the relative operational
  and environmental risks posed by the transportation of oil by vessel to
  deepwater ports (as defined in section 3 of the Deepwater Port Act of
  1974 (33 U.S.C. 1502)) versus the transportation of oil by vessel to other
  ports. The study shall include a review and analysis of offshore lightering
  practices used in connection with that transportation, an analysis of the
  volume of oil transported by vessel using those practices, and an analysis
  of the frequency and volume of oil discharges which occur in connection
  with the use of those practices.
  (B) REPORT- Not later than 1 year after the date of the enactment of this
  Act, the Secretary shall submit to the Congress a report on the results
  of the study conducted under subparagraph (A).
  (C) RULEMAKING PROCEEDING- If the Secretary determines, based on the
  results of the study conducted under this subparagraph (A), that the use
  of deepwater ports in connection with the transportation of oil by vessel
  results in a lower operational or environmental risk than the use of other
  ports, the Secretary shall initiate, not later than the 180th day following
  the date of submission of the report to the Congress under subparagraph
  (B), a rulemaking proceeding to lower the limits of liability under this
  section for deepwater ports as the Secretary determines appropriate. The
  Secretary may establish a limit of liability of less than $350,000,000,
  but not less than $50,000,000, in accordance with paragraph (1).
  (3) PERIODIC REPORTS- The President shall, within 6 months after the date
  of the enactment of this Act, and from time to time thereafter, report
  to the Congress on the desirability of adjusting the limits of liability
  specified in subsection (a).
  (4) ADJUSTMENT TO REFLECT CONSUMER PRICE INDEX- The President shall, by
  regulations issued not less often than every 3 years, adjust the limits
  of liability specified in subsection (a) to reflect significant increases
  in the Consumer Price Index.
SEC. 1005. INTEREST.
 (a) GENERAL RULE- The responsible party or the responsible party's guarantor
 is liable to a claimant for interest on the amount paid in satisfaction of
 a claim under this Act for the period described in subsection (b).
 (b) PERIOD-
  (1) IN GENERAL- Except as provided in paragraph (2), the period for which
  interest shall be paid is the period beginning on the 30th day following the
  date on which the claim is presented to the responsible party or guarantor
  and ending on the date on which the claim is paid.
  (2) EXCLUSION OF PERIOD DUE TO OFFER BY GUARANTOR- If the guarantor
  offers to the claimant an amount equal to or greater than that finally
  paid in satisfaction of the claim, the period described in paragraph (1)
  does not include the period beginning on the date the offer is made and
  ending on the date the offer is accepted. If the offer is made within 60
  days after the date on which the claim is presented under section 1013(a),
  the period described in paragraph (1) does not include any period before
  the offer is accepted.
  (3) EXCLUSION OF PERIODS IN INTERESTS OF JUSTICE- If in any period a
  claimant is not paid due to reasons beyond the control of the responsible
  party or because it would not serve the interests of justice, no interest
  shall accrue under this section during that period.
  (4) CALCULATION OF INTEREST- The interest paid under this section shall be
  calculated at the average of the highest rate for commercial and finance
  company paper of maturities of 180 days or less obtaining on each of the
  days included within the period for which interest must be paid to the
  claimant, as published in the Federal Reserve Bulletin.
  (5) INTEREST NOT SUBJECT TO LIABILITY LIMITS-
  (A) IN GENERAL- Interest (including prejudgment interest) under this
  paragraph is in addition to damages and removal costs for which claims
  may be asserted under section 1002 and shall be paid without regard to
  any limitation of liability under section 1004.
  (B) PAYMENT BY GUARANTOR- The payment of interest under this subsection
  by a guarantor is subject to section 1016(g).
SEC. 1006. NATURAL RESOURCES.
  (a) LIABILITY- In the case of natural resource damages under section
  1002(b)(2)(A), liability shall be--
  (1) to the United States Government for natural resources belonging to,
  managed by, controlled by, or appertaining to the United States;
  (2) to any State for natural resources belonging to, managed by, controlled
  by, or appertaining to such State or political subdivision thereof;
  (3) to any Indian tribe for natural resources belonging to, managed by,
  controlled by, or appertaining to such Indian tribe; and
  (4) in any case in which section 1007 applies, to the government of a
  foreign country for natural resources belonging to, managed by, controlled
  by, or appertaining to such country.
  (b) DESIGNATION OF TRUSTEES-
  (1) IN GENERAL- The President, or the authorized representative of any
  State, Indian tribe, or foreign government, shall act on behalf of the
  public, Indian tribe, or foreign country as trustee of natural resources
  to present a claim for and to recover damages to the natural resources.
  (2) FEDERAL TRUSTEES- The President shall designate the Federal officials
  who shall act on behalf of the public as trustees for natural resources
  under this Act.
  (3) STATE TRUSTEES- The Governor of each State shall designate State and
  local officials who may act on behalf of the public as trustee for natural
  resources under this Act and shall notify the President of the designation.
  (4) INDIAN TRIBE TRUSTEES- The governing body of any Indian tribe shall
  designate tribal officials who may act on behalf of the tribe or its
  members as trustee for natural resources under this Act and shall notify
  the President of the designation.
  (5) FOREIGN TRUSTEES- The head of any foreign government may designate the
  trustee who shall act on behalf of that government as trustee for natural
  resources under this Act.
  (c) FUNCTIONS OF TRUSTEES-
  (1) FEDERAL TRUSTEES- The Federal officials designated under subsection
  (b)(2)--
  (A) shall assess natural resource damages under section 1002(b)(2)(A)
  for the natural resources under their trusteeship;
  (B) may, upon request of and reimbursement from a State or Indian tribe
  and at the Federal officials' discretion, assess damages for the natural
  resources under the State's or tribe's trusteeship; and
  (C) shall develop and implement a plan for the restoration, rehabilitation,
  replacement, or acquisition of the equivalent, of the natural resources
  under their trusteeship.
  (2) STATE TRUSTEES- The State and local officials designated under subsection
  (b)(3)--
  (A) shall assess natural resource damages under section 1002(b)(2)(A) for the
  purposes of this Act for the natural resources under their trusteeship; and
  (B) shall develop and implement a plan for the restoration, rehabilitation,
  replacement, or acquisition of the equivalent, of the natural resources
  under their trusteeship.
  (3) INDIAN TRIBE TRUSTEES- The tribal officials designated under subsection
  (b)(4)--
  (A) shall assess natural resource damages under section 1002(b)(2)(A) for the
  purposes of this Act for the natural resources under their trusteeship; and
  (B) shall develop and implement a plan for the restoration, rehabilitation,
  replacement, or acquisition of the equivalent, of the natural resources
  under their trusteeship.
  (4) FOREIGN TRUSTEES- The trustees designated under subsection (b)(5)--
  (A) shall assess natural resource damages under section 1002(b)(2)(A) for the
  purposes of this Act for the natural resources under their trusteeship; and
  (B) shall develop and implement a plan for the restoration, rehabilitation,
  replacement, or acquisition of the equivalent, of the natural resources
  under their trusteeship.
  (5) NOTICE AND OPPORTUNITY TO BE HEARD- Plans shall be developed
  and implemented under this section only after adequate public notice,
  opportunity for a hearing, and consideration of all public comment.
  (d) MEASURE OF DAMAGES-
  (1) IN GENERAL- The measure of natural resource damages under section
  1002(b)(2)(A) is--
  (A) the cost of restoring, rehabilitating, replacing, or acquiring the
  equivalent of, the damaged natural resources;
  (B) the diminution in value of those natural resources pending restoration;
  plus
  (C) the reasonable cost of assessing those damages.
  (2) DETERMINE COSTS WITH RESPECT TO PLANS- Costs shall be determined under
  paragraph (1) with respect to plans adopted under subsection (c).
  (3) NO DOUBLE RECOVERY- There shall be no double recovery under this Act
  for natural resource damages, including with respect to the costs of damage
  assessment or restoration, rehabilitation, replacement, or acquisition
  for the same incident and natural resource.
  (e) DAMAGE ASSESSMENT REGULATIONS-
  (1) REGULATIONS- The President, acting through the Under Secretary
  of Commerce for Oceans and Atmosphere and in consultation with the
  Administrator of the Environmental Protection Agency, the Director of the
  United States Fish and Wildlife Service, and the heads of other affected
  agencies, not later than 2 years after the date of the enactment of this
  Act, shall promulgate regulations for the assessment of natural resource
  damages under section 1002(b)(2)(A) resulting from a discharge of oil for
  the purpose of this Act.
  (2) REBUTTABLE PRESUMPTION- Any determination or assessment of damages to
  natural resources for the purposes of this Act made under subsection (d)
  by a Federal, State, or Indian trustee in accordance with the regulations
  promulgated under paragraph (1) shall have the force and effect of a
  rebuttable presumption on behalf of the trustee in any administrative or
  judicial proceeding under this Act.
  (f) USE OF RECOVERED SUMS- Sums recovered under this Act by a Federal,
  State, Indian, or foreign trustee for natural resource damages under
  section 1002(b)(2)(A) shall be retained by the trustee in a revolving
  trust account, without further appropriation, for use only to reimburse
  or pay costs incurred by the trustee under subsection (c) with respect
  to the damaged natural resources. Any amounts in excess of those required
  for these reimbursements and costs shall be deposited in the Fund.
  (g) COMPLIANCE- Review of actions by any Federal official where there is
  alleged to be a failure of that official to perform a duty under this
  section that is not discretionary with that official may be had by any
  person in the district court in which the person resides or in which the
  alleged damage to natural resources occurred. The court may award costs of
  litigation (including reasonable attorney and expert witness fees) to any
  prevailing or substantially prevailing party. Nothing in this subsection
  shall restrict any right which any person may have to seek relief under
  any other provision of law.
SEC. 1007. RECOVERY BY FOREIGN CLAIMANTS.
  (a) REQUIRED SHOWING BY FOREIGN CLAIMANTS-
  (1) IN GENERAL- In addition to satisfying the other requirements of this
  Act, to recover removal costs or damages resulting from an incident a
  foreign claimant shall demonstrate that--
  (A) the claimant has not been otherwise compensated for the removal costs
  or damages; and
  (B) recovery is authorized by a treaty or executive agreement between the
  United States and the claimant's country, or the Secretary of State, in
  consultation with the Attorney General and other appropriate officials,
  has certified that the claimant's country provides a comparable remedy
  for United States claimants.
  (2) EXCEPTIONS- Paragraph (1)(B) shall not apply with respect to recovery
  by a resident of Canada in the case of an incident described in subsection
  (b)(4).
  (b) DISCHARGES IN FOREIGN COUNTRIES- A foreign claimant may make a claim
  for removal costs and damages resulting from a discharge, or substantial
  threat of a discharge, of oil in or on the territorial sea, internal waters,
  or adjacent shoreline of a foreign country, only if the discharge is from--
  (1) an Outer Continental Shelf facility or a deepwater port;
  (2) a vessel in the navigable waters;
  (3) a vessel carrying oil as cargo between 2 places in the United States; or
  (4) a tanker that received the oil at the terminal of the pipeline
  constructed under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651
  et seq.), for transportation to a place in the United States, and the
  discharge or threat occurs prior to delivery of the oil to that place.
  (c) FOREIGN CLAIMANT DEFINED- In this section, the term `foreign claimant'
  means--
  (1) a person residing in a foreign country;
  (2) the government of a foreign country; and
  (3) an agency or political subdivision of a foreign country.
SEC. 1008. RECOVERY BY RESPONSIBLE PARTY.
  (a) IN GENERAL- The responsible party for a vessel or facility from which
  oil is discharged, or which poses the substantial threat of a discharge
  of oil, may assert a claim for removal costs and damages under section
  1013 only if the responsible party demonstrates that--
  (1) the responsible party is entitled to a defense to liability under
  section 1003; or
  (2) the responsible party is entitled to a limitation of liability under
  section 1004.
  (b) EXTENT OF RECOVERY- A responsible party who is entitled to a limitation
  of liability may assert a claim under section 1013 only to the extent that
  the sum of the removal costs and damages incurred by the responsible party
  plus the amounts paid by the responsible party, or by the guarantor on
  behalf of the responsible party, for claims asserted under section 1013
  exceeds the amount to which the total of the liability under section 1002
  and removal costs and damages incurred by, or on behalf of, the responsible
  party is limited under section 1004.
SEC. 1009. CONTRIBUTION.
  A person may bring a civil action for contribution against any other person
  who is liable or potentially liable under this Act or another law. The
  action shall be brought in accordance with section 1017.
SEC. 1010. INDEMNIFICATION AGREEMENTS.
  (a) AGREEMENTS NOT PROHIBITED- Nothing in this Act prohibits any agreement
  to insure, hold harmless, or indemnify a party to such agreement for any
  liability under this Act.
  (b) LIABILITY NOT TRANSFERRED- No indemnification, hold harmless, or
  similar agreement or conveyance shall be effective to transfer liability
  imposed under this Act from a responsible party or from any person who
  may be liable for an incident under this Act to any other person.
  (c) RELATIONSHIP TO OTHER CAUSES OF ACTION- Nothing in this Act, including
  the provisions of subsection (b), bars a cause of action that a responsible
  party subject to liability under this Act, or a guarantor, has or would
  have, by reason of subrogation or otherwise, against any person.
SEC. 1011. CONSULTATION ON REMOVAL ACTIONS.
  The President shall consult with the affected trustees designated under
  section 1006 on the appropriate removal action to be taken in connection
  with any discharge of oil. For the purposes of the National Contingency
  Plan, removal with respect to any discharge shall be considered completed
  when so determined by the President in consultation with the Governor or
  Governors of the affected States. However, this determination shall not
  preclude additional removal actions under applicable State law.
SEC. 1012. USES OF THE FUND.
  (a) USES GENERALLY- The Fund shall be available to the President for--
  (1) the payment of removal costs, including the costs of monitoring removal
  actions, determined by the President to be consistent with the National
  Contingency Plan--
  (A) by Federal authorities; or
  (B) by a Governor or designated State official under subsection (d);
  (2) the payment of costs incurred by Federal, State, or Indian tribe
  trustees in carrying out their functions under section 1006 for assessing
  natural resource damages and for developing and implementing plans for the
  restoration, rehabilitation, replacement, or acquisition of the equivalent
  of damaged resources determined by the President to be consistent with
  the National Contingency Plan;
  (3) the payment of removal costs determined by the President to be consistent
  with the National Contingency Plan as a result of, and damages resulting
  from, a discharge, or a substantial threat of a discharge, of oil from a
  foreign offshore unit;
  (4) the payment of claims in accordance with section 1013 for uncompensated
  removal costs determined by the President to be consistent with the National
  Contingency Plan or uncompensated damages;
  (5) the payment of Federal administrative, operational, and personnel costs
  and expenses reasonably necessary for and incidental to the implementation,
  administration, and enforcement of this Act (including, but not limited to,
  sections 1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103,
  and title VII) and subsections (b), (c), (d), (j), and (l) of section 311
  of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended
  by this Act, with respect to prevention, removal, and enforcement related
  to oil discharges, provided that--
  (A) not more than $25,000,000 in each fiscal year shall be available to
  the Secretary for operating expenses incurred by the Coast Guard;
  (B) not more than $30,000,000 each year through the end of fiscal year 1992
  shall be available to establish the National Response System under section
  311(j) of the Federal Water Pollution Control Act, as amended by this Act,
  including the purchase and prepositioning of oil spill removal equipment; and
  (C) not more than $27,250,000 in each fiscal year shall be available to
  carry out title VII of this Act.
  (b) DEFENSE TO LIABILITY FOR FUND- The Fund shall not be available to
  pay any claim for removal costs or damages to a particular claimant, to
  the extent that the incident, removal costs, or damages are caused by the
  gross negligence or willful misconduct of that claimant.
  (c) OBLIGATION OF FUND BY FEDERAL OFFICIALS- The President may promulgate
  regulations designating one or more Federal officials who may obligate
  money in accordance with subsection (a).
  (d) ACCESS TO FUND BY STATE OFFICIALS-
  (1) IMMEDIATE REMOVAL- In accordance with regulations promulgated under
  this section, the President, upon the request of the Governor of a State
  or pursuant to an agreement with a State under paragraph (2), may obligate
  the Fund for payment in an amount not to exceed $250,000 for removal costs
  consistent with the National Contingency Plan required for the immediate
  removal of a discharge, or the mitigation or prevention of a substantial
  threat of a discharge, of oil.
  (2) AGREEMENTS-
  (A) IN GENERAL- The President shall enter into an agreement with the
  Governor of any interested State to establish procedures under which the
  Governor or a designated State official may receive payments from the Fund
  for removal costs pursuant to paragraph (1).
  (B) TERMS- Agreements under this paragraph--
  (i) may include such terms and conditions as may be agreed upon by the
  President and the Governor of a State;
  (ii) shall provide for political subdivisions of the State to receive
  payments for reasonable removal costs; and
  (iii) may authorize advance payments from the Fund to facilitate removal
  efforts.
  (e) REGULATIONS- The President shall--
  (1) not later than 6 months after the date of the enactment of this Act,
  publish proposed regulations detailing the manner in which the authority
  to obligate the Fund and to enter into agreements under this subsection
  shall be exercised; and
  (2) not later than 3 months after the close of the comment period for such
  proposed regulations, promulgate final regulations for that purpose.
  (f) RIGHTS OF SUBROGATION- Payment of any claim or obligation by the Fund
  under this Act shall be subject to the United States Government acquiring
  by subrogation all rights of the claimant or State to recover from the
  responsible party.
  (g) AUDITS- The Comptroller General shall audit all payments, obligations,
  reimbursements, and other uses of the Fund, to assure that the Fund is
  being properly administered and that claims are being appropriately and
  expeditiously considered. The Comptroller General shall submit to the
  Congress an interim report one year after the date of the enactment of
  this Act. The Comptroller General shall thereafter audit the Fund as is
  appropriate. Each Federal agency shall cooperate with the Comptroller
  General in carrying out this subsection.
  (h) PERIOD OF LIMITATIONS FOR CLAIMS-
  (1) REMOVAL COSTS- No claim may be presented under this title for recovery
  of removal costs for an incident unless the claim is presented within 6
  years after the date of completion of all removal actions for that incident.
 (2) DAMAGES- No claim may be presented under this section for recovery of
 damages unless the claim is presented within 3 years after the date on
 which the injury and its connection with the discharge in question were
 reasonably discoverable with the exercise of due care, or in the case of
 natural resource damages under section 1002(b)(2)(A), if later, the date of
 completion of the natural resources damage assessment under section 1006(e).
 (3) MINORS AND INCOMPETENTS- The time limitations contained in this subsection
 shall not begin to run--
  (A) against a minor until the earlier of the date when such minor reaches 18
  years of age or the date on which a legal representative is duly appointed
  for the minor, or
  (B) against an incompetent person until the earlier of the date on which such
  incompetent's incompetency ends or the date on which a legal representative
  is duly appointed for the incompetent.
  (i) LIMITATION ON PAYMENT FOR SAME COSTS- In any case in which the President
  has paid an amount from the Fund for any removal costs or damages specified
  under subsection (a), no other claim may be paid from the Fund for the
  same removal costs or damages.
  (j) OBLIGATION IN ACCORDANCE WITH PLAN-
 (1) IN GENERAL- Except as provided in paragraph (2), amounts may be
 obligated from the Fund for the restoration, rehabilitation, replacement,
 or acquisition of natural resources only in accordance with a plan adopted
 under section 1006(c).
 (2) EXCEPTION- Paragraph (1) shall not apply in a situation requiring action
 to avoid irreversible loss of natural resources or to prevent or reduce any
 continuing danger to natural resources or similar need for emergency action.
  (k) PREFERENCE FOR PRIVATE PERSONS IN AREA AFFECTED BY DISCHARGE-
 (1) IN GENERAL- In the expenditure of Federal funds for removal of oil,
 including for distribution of supplies, construction, and other reasonable
 and appropriate activities, under a contract or agreement with a private
 person, preference shall be given, to the extent feasible and practicable,
 to private persons residing or doing business primarily in the area affected
 by the discharge of oil.
 (2) LIMITATION- This subsection shall not be considered to restrict the
 use of Department of Defense resources.
SEC. 1013. CLAIMS PROCEDURE.
  (a) PRESENTATION- Except as provided in subsection (b), all claims for
  removal costs or damages shall be presented first to the responsible party
  or guarantor of the source designated under section 1014(a).
  (b) PRESENTATION TO FUND-
 (1) IN GENERAL- Claims for removal costs or damages may be presented first
 to the Fund--
  (A) if the President has advertised or otherwise notified claimants in
  accordance with section 1014(c);
  (B) by a responsible party who may assert a claim under section 1008;
  (C) by the Governor of a State for removal costs incurred by that State; or
  (D) by a United States claimant in a case where a foreign offshore unit
  has discharged oil causing damage for which the Fund is liable under
  section 1012(a).
 (2) LIMITATION ON PRESENTING CLAIM- No claim of a person against the Fund
 may be approved or certified during the pendency of an action by the person
 in court to recover costs which are the subject of the claim.
  (c) ELECTION- If a claim is presented in accordance with subsection (a) and--
 (1) each person to whom the claim is presented denies all liability for
 the claim, or
 (2) the claim is not settled by any person by payment within 90 days after
 the date upon which (A) the claim was presented, or (B) advertising was
 begun pursuant to section 1014(b), whichever is later,
the claimant may elect to commence an action in court against the responsible
party or guarantor or to present the claim to the Fund.
  (d) UNCOMPENSATED DAMAGES- If a claim is presented in accordance with
  this section and full and adequate compensation is unavailable, a claim
  for the uncompensated damages and removal costs may be presented to the Fund.
  (e) PROCEDURE FOR CLAIMS AGAINST FUND- The President shall promulgate,
  and may from time to time amend, regulations for the presentation, filing,
  processing, settlement, and adjudication of claims under this Act against
  the Fund.
SEC. 1014. DESIGNATION OF SOURCE AND ADVERTISEMENT.
  (a) DESIGNATION OF SOURCE AND NOTIFICATION- When the President receives
  information of an incident, the President shall, where possible
  and appropriate, designate the source or sources of the discharge or
  threat. If a designated source is a vessel or a facility, the President
  shall immediately notify the responsible party and the guarantor, if known,
  of that designation.
  (b) ADVERTISEMENT BY RESPONSIBLE PARTY OR GUARANTOR- If a responsible
  party or guarantor fails to inform the President, within 5 days after
  receiving notification of a designation under subsection (a), of the
  party's or the guarantor's denial of the designation, such party or
  guarantor shall advertise the designation and the procedures by which
  claims may be presented, in accordance with regulations promulgated by the
  President. Advertisement under the preceding sentence shall begin no later
  than 15 days after the date of the designation made under subsection (a). If
  advertisement is not otherwise made in accordance with this subsection, the
  President shall promptly and at the expense of the responsible party or the
  guarantor involved, advertise the designation and the procedures by which
  claims may be presented to the responsible party or guarantor. Advertisement
  under this subsection shall continue for a period of no less than 30 days.
  (c) ADVERTISEMENT BY PRESIDENT- If--
  (1) the responsible party and the guarantor both deny a designation within
  5 days after receiving notification of a designation under subsection (a),
  (2) the source of the discharge or threat was a public vessel, or
  (3) the President is unable to designate the source or sources of the
  discharge or threat under subsection (a),
the President shall advertise or otherwise notify potential claimants of
the procedures by which claims may be presented to the Fund.
SEC. 1015. SUBROGATION.
  (a) IN GENERAL- Any person, including the Fund, who pays compensation
  pursuant to this Act to any claimant for removal costs or damages shall be
  subrogated to all rights, claims, and causes of action that the claimant
  has under any other law.
  (b) ACTIONS ON BEHALF OF FUND- At the request of the Secretary, the Attorney
  General shall commence an action on behalf of the Fund to recover any
  compensation paid by the Fund to any claimant pursuant to this Act, and
  all costs incurred by the Fund by reason of the claim, including interest
  (including prejudgment interest), administrative and adjudicative costs,
  and attorney's fees. Such an action may be commenced against any responsible
  party or (subject to section 1016) guarantor, or against any other person
  who is liable, pursuant to any law, to the compensated claimant or to the
  Fund, for the cost or damages for which the compensation was paid. Such
  an action shall be commenced against the responsible foreign government
  or other responsible party to recover any removal costs or damages paid
  from the Fund as the result of the discharge, or substantial threat of
  discharge, of oil from a foreign offshore unit.
SEC. 1016. FINANCIAL RESPONSIBILITY.
  (a) REQUIREMENT- The responsible party for--
  (1) any vessel over 300 gross tons (except a non-self-propelled vessel
  that does not carry oil as cargo or fuel) using any place subject to the
  jurisdiction of the United States; or
  (2) any vessel using the waters of the exclusive economic zone to transship
  or lighter oil destined for a place subject to the jurisdiction of the
  United States;
shall establish and maintain, in accordance with regulations promulgated
by the Secretary, evidence of financial responsibility sufficient to meet
the maximum amount of liability to which, in the case of a tank vessel,
the responsible party could be subject under section 1004 (a)(1) or (d)
of this Act, or to which, in the case of any other vessel, the responsible
party could be subjected under section 1004 (a)(2) or (d), in a case where
the responsible party would be entitled to limit liability under that
section. If the responsible party owns or operates more than one vessel,
evidence of financial responsibility need be established only to meet the
amount of the maximum liability applicable to the vessel having the greatest
maximum liability.
  (b) SANCTIONS-
  (1) WITHHOLDING CLEARANCE- The Secretary of the Treasury shall withhold
  or revoke the clearance required by section 4197 of the Revised Statutes
  of the United States of any vessel subject to this section that does not
  have the evidence of financial responsibility required for the vessel
  under this section.
  (2) DENYING ENTRY TO OR DETAINING VESSELS- The Secretary may--
  (A) deny entry to any vessel to any place in the United States, or to the
  navigable waters, or
  (B) detain at the place,
any vessel that, upon request, does not produce the evidence of financial
responsibility required for the vessel under this section.
  (3) SEIZURE OF VESSEL- Any vessel subject to the requirements of this
  section which is found in the navigable waters without the necessary
  evidence of financial responsibility for the vessel shall be subject to
  seizure by and forfeiture to the United States.
  (c) OFFSHORE FACILITIES-
  (1) IN GENERAL- Except as provided in paragraph (2), each responsible party
  with respect to an offshore facility shall establish and maintain evidence
  of financial responsibility of $150,000,000 to meet the amount of liability
  to which the responsible party could be subjected under section 1004(a) in
  a case in which the responsible party would be entitled to limit liability
  under that section. In a case in which a person is the responsible party for
  more than one facility subject to this subsection, evidence of financial
  responsibility need be established only to meet the maximum liability
  applicable to the facility having the greatest maximum liability.
  (2) DEEPWATER PORTS- Each responsible party with respect to a deepwater
  port shall establish and maintain evidence of financial responsibility
  sufficient to meet the maximum amount of liability to which the responsible
  party could be subjected under section 1004(a) of this Act in a case where
  the responsible party would be entitled to limit liability under that
  section. If the Secretary exercises the authority under section 1004(d)(2)
  to lower the limit of liability for deepwater ports, the responsible
  party shall establish and maintain evidence of financial responsibility
  sufficient to meet the maximum amount of liability so established. In a
  case in which a person is the responsible party for more than one deepwater
  port, evidence of financial responsibility need be established only to
  meet the maximum liability applicable to the deepwater port having the
  greatest maximum liability.
 (e) METHODS OF FINANCIAL RESPONSIBILITY- Financial responsibility under this
 section may be established by any one, or by any combination, of the following
 methods which the Secretary (in the case of a vessel) or the President (in
 the case of a facility) determines to be acceptable: evidence of insurance,
 surety bond, guarantee, letter of credit, qualification as a self-insurer,
 or other evidence of financial responsibility. Any bond filed shall be issued
 by a bonding company authorized to do business in the United States. In
 promulgating requirements under this section, the Secretary or the President,
 as appropriate, may specify policy or other contractual terms, conditions,
 or defenses which are necessary, or which are unacceptable, in establishing
 evidence of financial responsibility to effectuate the purposes of this Act.
 (f) CLAIMS AGAINST GUARANTOR- Any claim for which liability may be established
 under section 1002 may be asserted directly against any guarantor providing
 evidence of financial responsibility for a responsible party liable under
 that section for removal costs and damages to which the claim pertains. In
 defending against such a claim, the guarantor may invoke (1) all rights
 and defenses which would be available to the responsible party under this
 Act, (2) any defense authorized under subsection (e), and (3) the defense
 that the incident was caused by the willful misconduct of the responsible
 party. The guarantor may not invoke any other defense that might be available
 in proceedings brought by the responsible party against the guarantor.
 (g) LIMITATION ON GUARANTOR'S LIABILITY- Nothing in this Act shall impose
 liability with respect to an incident on any guarantor for damages or
 removal costs which exceed, in the aggregate, the amount of financial
 responsibility required under this Act which that guarantor has provided
 for a responsible party.
 (h) CONTINUATION OF REGULATIONS- Any regulation relating to financial
 responsibility, which has been issued pursuant to any provision of law
 repealed or superseded by this Act, and which is in effect on the date
 immediately preceding the effective date of this Act, is deemed and shall
 be construed to be a regulation issued pursuant to this section. Such a
 regulation shall remain in full force and effect unless and until superseded
 by a new regulation issued under this section.
 (i) UNIFIED CERTIFICATE- The Secretary may issue a single unified certificate
 of financial responsibility for purposes of this Act and any other law.
SEC. 1017. LITIGATION, JURISDICTION, AND VENUE.
 (a) REVIEW OF REGULATIONS- Review of any regulation promulgated under this
 Act may be had upon application by any interested person only in the Circuit
 Court of Appeals of the United States for the District of Columbia. Any such
 application shall be made within 90 days from the date of promulgation of
 such regulations. Any matter with respect to which review could have been
 obtained under this subsection shall not be subject to judicial review in
 any civil or criminal proceeding for enforcement or to obtain damages or
 recovery of response costs.
 (b) JURISDICTION- Except as provided in subsections (a) and (c), the United
 States district courts shall have exclusive original jurisdiction over all
 controversies arising under this Act, without regard to the citizenship of
 the parties or the amount in controversy. Venue shall lie in any district in
 which the discharge or injury or damages occurred, or in which the defendant
 resides, may be found, has its principal office, or has appointed an agent
 for service of process. For the purposes of this section, the Fund shall
 reside in the District of Columbia.
 (c) STATE COURT JURISDICTION- A State trial court of competent jurisdiction
 over claims for removal costs or damages, as defined under this Act,
 may consider claims under this Act or State law and any final judgment of
 such court (when no longer subject to ordinary forms of review) shall be
 recognized, valid, and enforceable for all purposes of this Act.
 (d) ASSESSMENT AND COLLECTION OF TAX- The provisions of subsections (a),
 (b), and (c) shall not apply to any controversy or other matter resulting
 from the assessment or collection of any tax, or to the review of any
 regulation promulgated under the Internal Revenue Code of 1986.
 (e) SAVINGS PROVISION- Nothing in this title shall apply to any cause of
 action or right of recovery arising from any incident which occurred prior
 to the date of enactment of this title. Such claims shall be adjudicated
 pursuant to the law applicable on the date of the incident.
 (f) PERIOD OF LIMITATIONS-
  (1) DAMAGES- Except as provided in paragraphs (3) and (4), an action for
  damages under this Act shall be barred unless the action is brought within
  3 years after--
  (A) the date on which the loss and the connection of the loss with the
  discharge in question are reasonably discoverable with the exercise of
  due care, or
  (B) in the case of natural resource damages under section 1002(b)(2)(A),
  the date of completion of the natural resources damage assessment under
  section 1006(c).
  (2) REMOVAL COSTS- An action for recovery of removal costs referred to in
  section 1002(b)(1) must be commenced within 3 years after completion of
  the removal action. In any such action described in this subsection, the
  court shall enter a declaratory judgment on liability for removal costs
  or damages that will be binding on any subsequent action or actions to
  recover further removal costs or damages. Except as otherwise provided in
  this paragraph, an action may be commenced under this title for recovery
  of removal costs at any time after such costs have been incurred.
  (3) CONTRIBUTION- No action for contribution for any removal costs or
  damages may be commenced more than 3 years after--
  (A) the date of judgment in any action under this Act for recovery of such
  costs or damages, or
  (B) the date of entry of a judicially approved settlement with respect to
  such costs or damages.
  (4) SUBROGATION- No action based on rights subrogated pursuant to this Act
  by reason of payment of a claim may be commenced under this Act more than
  3 years after the date of payment of such claim.
  (5) COMMENCEMENT- The time limitations contained herein shall not begin
  to run--
  (A) against a minor until the earlier of the date when such minor reaches 18
  years of age or the date on which a legal representative is duly appointed
  for such minor, or
 (B) against an incompetent person until the earlier of the date on which such
 incompetent's incompetency ends or the date on which a legal representative
 is duly appointed for such incompetent.
SEC. 1018. RELATIONSHIP TO OTHER LAW.
  (a) PRESERVATION OF STATE AUTHORITIES; SOLID WASTE DISPOSAL ACT- Nothing
  in this Act or the Act of March 3, 1851 shall--
  (1) affect, or be construed or interpreted as preempting, the authority
  of any State or political subdivision thereof from imposing any additional
  liability or requirements with respect to--
 (A) the discharge of oil or other pollution by oil within such State; or
 (B) any removal activities in connection with such a discharge; or
  (2) affect, or be construed or interpreted to affect or modify in any way
  the obligations or liabilities of any person under the Solid Waste Disposal
  Act (42 U.S.C. 6901 et seq.) or State law, including common law.
  (b) PRESERVATION OF STATE FUNDS- Nothing in this Act or in section 9509 of
  the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall in any way affect,
  or be construed to affect, the authority of any State--
  (1) to establish, or to continue in effect, a fund any purpose of which
  is to pay for costs or damages arising out of, or directly resulting from,
  oil pollution or the substantial threat of oil pollution; or
  (2) to require any person to contribute to such a fund.
  (c) ADDITIONAL REQUIREMENTS AND LIABILITIES; PENALTIES- Nothing in this Act,
  the Act of March 3, 1851 (46 U.S.C. 183 et seq.), or section 9509 of the
  Internal Revenue Code of 1986 (26 U.S.C. 9509), shall in any way affect,
  or be construed to affect, the authority of the United States or any State
  or political subdivision thereof--
  (1) to impose additional liability or additional requirements; or
  (2) to impose, or to determine the amount of, any fine or penalty (whether
  criminal or civil in nature) for any violation of law;
relating to the discharge, or substantial threat of a discharge, of oil.
  (d) FEDERAL EMPLOYEE LIABILITY- For purposes of section 2679(b)(2)(B)
  of title 28, United States Code, nothing in this Act shall be construed
  to authorize or create a cause of action against a Federal officer or
  employee in the officer's or employee's personal or individual capacity
  for any act or omission while acting within the scope of the officer's or
  employee's office or employment.
SEC. 1019. STATE FINANCIAL RESPONSIBILITY.
  A State may enforce, on the navigable waters of the State, the requirements
  for evidence of financial responsibility under section 1016.
SEC. 1020. APPLICATION.
  This Act shall apply to an incident occurring after the date of the
  enactment of this Act.
TITLE II--CONFORMING AMENDMENTS
SEC. 2001. INTERVENTION ON THE HIGH SEAS ACT.
  Section 17 of the Intervention on the High Seas Act (33 U.S.C. 1486)
  is amended to read as follows:
  `SEC. 17. The Oil Spill Liability Trust Fund shall be available to the
  Secretary for actions taken under sections 5 and 7 of this Act.'.
SEC. 2002. FEDERAL WATER POLLUTION CONTROL ACT.
  (a) APPLICATION- Subsections (f), (g), (h), and (i) of section 311 of the
  Federal Water Pollution Control Act (33 U.S.C. 1321) shall not apply with
  respect to any incident for which liability is established under section
  1002 of this Act.
  (b) CONFORMING AMENDMENTS- Section 311 of the Federal Water Pollution
  Control Act (33 U.S.C. 1321) is amended as follows:
  (1) Subsection (i) is amended by striking `(1)' after `(i)' and by striking
  paragraphs (2) and (3).
  (2) Subsection (k) is repealed. Any amounts remaining in the revolving
  fund established under that subsection shall be deposited in the Fund. The
  Fund shall assume all liability incurred by the revolving fund established
  under that subsection.
  (3) Subsection (l) is amended by striking the second sentence.
  (4) Subsection (p) is repealed.
  (5) The following is added at the end thereof:
  `(s) The Oil Spill Liability Trust Fund established under section 9509 of
  the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall be available to
  carry out subsections (b), (c), (d), (j), and (l) as those subsections
  apply to discharges, and substantial threats of discharges, of oil. Any
  amounts received by the United States under this section shall be deposited
  in the Oil Spill Liability Trust Fund.'.
SEC. 2003. DEEPWATER PORT ACT.
  (a) CONFORMING AMENDMENTS- The Deepwater Port Act of 1974 (33 U.S.C. 1502
  et seq.) is amended--
  (1) in section 4(c)(1) by striking `section 18(l) of this Act;' and inserting
  `section 1016 of the Oil Pollution Act of 1990'; and
  (2) by striking section 18.
 (b) AMOUNTS REMAINING IN DEEPWATER PORT FUND- Any amounts remaining in
 the Deepwater Port Liability Fund established under section 18(f) of the
 Deepwater Port Act of 1974 (33 U.S.C. 1517(f)) shall be deposited in the Oil
 Spill Liability Trust Fund established under section 9509 of the Internal
 Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund
 shall assume all liability incurred by the Deepwater Port Liability Fund.
SEC. 2004. OUTER CONTINENTAL SHELF LANDS ACT AMENDMENTS OF 1978.
 Title III of the Outer Continental Shelf Lands Act Amendments of 1978 (43
 U.S.C. 1811-1824) is repealed. Any amounts remaining in the Offshore Oil
 Pollution Compensation Fund established under section 302 of that title
 (43 U.S.C. 1812) shall be deposited in the Oil Spill Liability Trust Fund
 established under section 9509 of the Internal Revenue Code of 1986 (26
 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability
 incurred by the Offshore Oil Pollution Compensation Fund.
TITLE III--INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL
SEC. 3001. SENSE OF CONGRESS REGARDING PARTICIPATION IN INTERNATIONAL REGIME.
 It is the sense of the Congress that it is in the best interests of the
 United States to participate in an international oil pollution liability and
 compensation regime that is at least as effective as Federal and State laws
 in preventing incidents and in guaranteeing full and prompt compensation
 for damages resulting from incidents.
SEC. 3002. UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION.
 (a) REVIEW- The Secretary of State shall review relevant international
 agreements and treaties with the Government of Canada, including the Great
 Lakes Water Quality Agreement, to determine whether amendments or additional
 international agreements are necessary to--
  (1) prevent discharges of oil on the Great Lakes;
  (2) ensure an immediate and effective removal of oil on the Great Lakes; and
  (3) fully compensate those who are injured by a discharge of oil on the
  Great Lakes.
 (b) CONSULTATION- In carrying out this section, the Secretary of State shall
 consult with the Department of Transportation, the Environmental Protection
 Agency, the National Oceanic and Atmospheric Administration, the Great Lakes
 States, the International Joint Commission, and other appropriate agencies.
 (c) REPORT- The Secretary of State shall submit a report to the Congress
 on the results of the review under this section within 6 months after the
 date of the enactment of this Act.
SEC. 3003. UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL COOPERATION.
 (a) REVIEW- The Secretary of State shall review relevant international
 agreements and treaties with the Government of Canada, to determine whether
 amendments or additional international agreements are necessary to--
  (1) prevent discharges of oil on Lake Champlain;
  (2) ensure an immediate and effective removal of oil on Lake Champlain; and
  (3) fully compensate those who are injured by a discharge of oil on Lake
  Champlain.
 (b) CONSULTATION- In carrying out this section, the Secretary of State
 shall consult with the Department of Transportation, the Environmental
 Protection Agency, the National Oceanic and Atmospheric Administration,
 the States of Vermont and New York, the International Joint Commission,
 and other appropriate agencies.
 (c) REPORT- The Secretary of State shall submit a report to the Congress
 on the results of the review under this section within 6 months after the
 date of the enactment of this Act.
SEC. 3004. INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL.
 The President shall encourage appropriate international organizations to
 establish an international inventory of spill removal equipment and personnel.
SEC. 3005. NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGET SOUND.
 Congress urges the Secretary of State to enter into negotiations with the
 Government of Canada to ensure that tugboat escorts are required for all
 tank vessels with a capacity over 40,000 deadweight tons in the Strait of
 Juan de Fuca and in Haro Strait.
TITLE IV--PREVENTION AND REMOVAL
Subtitle A--Prevention
SEC. 4101. REVIEW OF ALCOHOL AND DRUG ABUSE AND OTHER MATTERS IN ISSUING
LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
 (a) LICENSES AND CERTIFICATES OF REGISTRY- Section 7101 of title 46, United
 States Code, is amended by adding at the end the following:
 `(g) The Secretary may not issue a license or certificate of registry under
 this section unless an individual applying for the license or certificate
 makes available to the Secretary, under section 206(b)(7) of the National
 Driver Register Act of 1982 (23 U.S.C. 401 note), any information contained
 in the National Driver Register related to an offense described in section
 205(a)(3) (A) or (B) of that Act committed by the individual.
 `(h) The Secretary may review the criminal record of an individual who
 applies for a license or certificate of registry under this section.
 `(i) The Secretary shall require the testing of an individual who applies for
 issuance or renewal of a license or certificate of registry under this chapter
 for use of a dangerous drug in violation of law or Federal regulation.'.
 (b) MERCHANT MARINERS' DOCUMENTS- Section 7302 of title 46, United States
 Code, is amended by adding at the end the following:
 `(c) The Secretary may not issue a merchant mariner's document under this
 chapter unless the individual applying for the document makes available to
 the Secretary, under section 206(b)(7) of the National Driver Register Act
 of 1982 (23 U.S.C. 401 note), any information contained in the National
 Driver Register related to an offense described in section 205(a)(3) (A)
 or (B) of that Act committed by the individual.
 `(d) The Secretary may review the criminal record of an individual who
 applies for a merchant mariner's document under this section.
 `(e) The Secretary shall require the testing of an individual applying for
 issuance or renewal of a merchant mariner's document under this chapter
 for the use of a dangerous drug in violation of law or Federal regulation.'.
SEC. 4102. TERM OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS'
DOCUMENTS; CRIMINAL RECORD REVIEWS IN RENEWALS.
 (a) LICENSES- Section 7106 of title 46, United States Code, is amended
 by inserting `and may be renewed for additional 5-year periods' after
 `is valid for 5 years'.
 (b) CERTIFICATES OF REGISTRY- Section 7107 of title 46, United States
 Code, is amended by striking `is not limited in duration.' and inserting
 `is valid for 5 years and may be renewed for additional 5-year periods.'.
 (c) MERCHANT MARINERS' DOCUMENTS- Section 7302 of title 46, United States
 Code, is amended by adding at the end the following:
 `(f) A merchant mariner's document issued under this chapter is valid for
 5 years and may be renewed for additional 5-year periods.'.
 (d) TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS- A license,
 certificate of registry, or merchant mariner's document issued before the
 date of the enactment of this section terminates on the day it would have
 expired if--
  (1) subsections (a), (b), and (c) were in effect on the date it was
  issued; and
  (2) it was renewed at the end of each 5-year period under section 7106,
  7107, or 7302 of title 46, United States Code.
 (e) CRIMINAL RECORD REVIEW IN RENEWALS OF LICENSES AND CERTIFICATES OF
 REGISTRY-
  (1) IN GENERAL- Section 7109 of title 46, United States Code, is amended
  to read as follows:
`Sec. 7109. Review of criminal records
 `The Secretary may review the criminal record of each holder of a license
 or certificate of registry issued under this part who applies for renewal
 of that license or certificate of registry.'.
  (2) CLERICAL AMENDMENT- The analysis for chapter 71 of title 46, United
  States Code, is amended by striking the item relating to section 7109 and
  inserting the following:
`7109. Review of criminal records.'.
SEC. 4103. SUSPENSION AND REVOCATION OF LICENSES, CERTIFICATES OF REGISTRY,
AND MERCHANT MARINERS' DOCUMENTS FOR ALCOHOL AND DRUG ABUSE.
 (a) AVAILABILITY OF INFORMATION IN NATIONAL DRIVER REGISTER-
  (1) IN GENERAL- Section 7702 of title 46, United States Code, is amended
  by adding at the end the following:
 `(c)(1) The Secretary shall request a holder of a license, certificate
 of registry, or merchant mariner's document to make available to the
 Secretary, under section 206(b)(4) of the National Driver Register Act of
 1982 (23 U.S.C. 401 note), all information contained in the National Driver
 Register related to an offense described in section 205(a)(3) (A) or (B)
 of that Act committed by the individual.
 `(2) The Secretary shall require the testing of the holder of a license,
 certificate of registry, or merchant mariner's document for use of alcohol
 and dangerous drugs in violation of law or Federal regulation. The testing
 may include preemployment (with respect to dangerous drugs only), periodic,
 random, reasonable cause, and post accident testing.
 `(d)(1) The Secretary may temporarily, for not more than 45 days, suspend
 and take possession of the license, certificate of registry, or merchant
 mariner's document held by an individual if, when acting under the authority
 of that license, certificate, or document--
  `(A) that individual performs a safety sensitive function on a vessel,
  as determined by the Secretary; and
  `(B) there is probable cause to believe that the individual--
  `(i) has performed the safety sensitive function in violation of law or
  Federal regulation regarding use of alcohol or a dangerous drug;
  `(ii) has been convicted of an offense that would prevent the issuance or
  renewal of the license, certificate, or document; or
  `(iii) within the 3-year period preceding the initiation of a suspension
  proceeding, has been convicted of an offense described in section 205(a)(3)
  (A) or (B) of the National Driver Register Act of 1982.
  `(2) If a license, certificate, or document is temporarily suspended under
  this section, an expedited hearing under subsection (a) of this section
  shall be held within 30 days after the temporary suspension.'.
  (2) DEFINITION OF DANGEROUS DRUG- (A) Section 2101 of title 46, United
  States Code, is amended by inserting after paragraph (8) the following
  new paragraph:
  `(8a) `dangerous drug' means a narcotic drug, a controlled substance, or a
  controlled substance analog (as defined in section 102 of the Comprehensive
  Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).'.
  (B) Sections 7503(a) and 7704(a) of title 46, United States Code, are
  repealed.
  (b) BASES FOR SUSPENSION OR REVOCATION- Section 7703 of title 46, United
  States Code, is amended to read as follows:
`Sec. 7703. Bases for suspension or revocation
  `A license, certificate of registry, or merchant mariner's document issued
  by the Secretary may be suspended or revoked if the holder--
  `(1) when acting under the authority of that license, certificate,
  or document--
  `(A) has violated or fails to comply with this subtitle, a regulation
  prescribed under this subtitle, or any other law or regulation intended
  to promote marine safety or to protect navigable waters; or
  `(B) has committed an act of incompetence, misconduct, or negligence;
  `(2) is convicted of an offense that would prevent the issuance or renewal
  of a license, certificate of registry, or merchant mariner's document; or
  `(3) within the 3-year period preceding the initiation of the suspension
  or revocation proceeding is convicted of an offense described in section
  205(a)(3) (A) or (B) of the National Driver Register Act of 1982 (23
  U.S.C. 401 note).'.
  (c) TERMINATION OF REVOCATION- Section 7701(c) of title 46, United States
  Code, is amended to read as follows:
  `(c) When a license, certificate of registry, or merchant mariner's document
  has been revoked under this chapter, the former holder may be issued a new
  license, certificate of registry, or merchant mariner's document only after--
  `(1) the Secretary decides, under regulations prescribed by the Secretary,
  that the issuance is compatible with the requirement of good discipline
  and safety at sea; and
  `(2) the former holder provides satisfactory proof that the bases for
  revocation are no longer valid.'.
SEC. 4104. REMOVAL OF MASTER OR INDIVIDUAL IN CHARGE.
  Section 8101 of title 46, United States Code, is amended by adding at the
  end the following:
  `(i) When the 2 next most senior licensed officers on a vessel reasonably
  believe that the master or individual in charge of the vessel is under the
  influence of alcohol or a dangerous drug and is incapable of commanding
  the vessel, the next most senior master, mate, or operator licensed under
  section 7101(c) (1) or (3) of this title shall--
  `(1) temporarily relieve the master or individual in charge;
  `(2) temporarily take command of the vessel;
  `(3) in the case of a vessel required to have a log under chapter 113 of
  this title, immediately enter the details of the incident in the log; and
  `(4) report those details to the Secretary--
  `(A) by the most expeditious means available; and
  `(B) in written form transmitted within 12 hours after the vessel arrives
  at its next port.'.
SEC. 4105. ACCESS TO NATIONAL DRIVER REGISTER.
  (a) ACCESS TO REGISTER- Section 206(b) of the National Driver Register
  Act of 1982 (23 U.S.C. 401 note) is amended--
  (1) by redesignating the second paragraph (5) (as added to the end of that
  section by section 4(b)(1) of the Rail Safety Improvement Act of 1988)
  as paragraph (6); and
  (2) by adding at the end the following:
  `(7)(A) Any individual who holds or who has applied for a license or
  certificate of registry under section 7101 of title 46, United States Code,
  or a merchant mariner's document under section 7302 of title 46, United
  States Code, may request the chief driver licensing official of a State
  to transmit to the Secretary of the department in which the Coast Guard
  is operating in accordance with subsection (a) information regarding the
  motor vehicle driving record of the individual.
  `(B) The Secretary--
  `(i) may receive information transmitted by the chief driver licensing
  official of a State pursuant to a request under subparagraph (A);
  `(ii) shall make the information available to the individual for review
  and written comment before denying, suspending, or revoking the license,
  certificate of registry, or merchant mariner's document of the individual
  based on that information and before using that information in any action
  taken under chapter 77 of title 46, United States Code; and
  `(iii) may not otherwise divulge or use that information, except for the
  purposes of section 7101, 7302, or 7703 of title 46, United States Code.
  `(C) Information regarding the motor vehicle driving record of an
  individual may not be transmitted to the Secretary under this paragraph if
  the information was entered in the Register more than 3 years before the
  date of the request for the information, unless the information relates
  to revocations or suspensions that are still in effect on the date of
  the request. Information submitted to the Register by States under the
  Act of July 14, 1960 (74 Stat. 526), or under this title shall be subject
  to access for the purpose of this paragraph during the transition to the
  Register described under section 203(c) of this title.'.
  (b) CONFORMING AMENDMENTS-
  (1) REVIEW OF INFORMATION RECEIVED FROM REGISTER- Chapter 75 of title 46,
  United States Code, is amended by adding at the end the following:
`Sec. 7505. Review of information in National Driver Register
  `The Secretary shall make information received from the National Driver
  Register under section 206(b)(7) of the National Driver Register Act of
  1982 (23 U.S.C. 401 note) available to an individual for review and written
  comment before denying, suspending, revoking, or taking any other action
  relating to a license, certificate of registry, or merchant mariner's
  document authorized to be issued for that individual under this part,
  based on that information.'.
  (2) PENALTY FOR NEGLIGENT OPERATION OF VESSEL- Section 2302(c) of title 46,
  United States Code, is amended by striking `intoxicated' and inserting
  `under the influence of alcohol, or a dangerous drug in violation of a
  law of the United States'.
  (c) CLERICAL AMENDMENT- The analysis for chapter 75 of title 46, United
  States Code, is amended by adding at the end the following:
`7505. Review of information in National Driver Register.'.
SEC. 4106. MANNING STANDARDS FOR FOREIGN TANK VESSELS.
  (a) STANDARDS FOR FOREIGN TANK VESSELS- Section 9101(a) of title 46,
  United States Code, is amended to read as follows:
  `(a)(1) The Secretary shall evaluate the manning, training, qualification,
  and watchkeeping standards of a foreign country that issues documentation
  for any vessel to which chapter 37 of this title applies--
  `(A) on a periodic basis; and
  `(B) when the vessel is involved in a marine casualty required to be
  reported under section 6101(a) (4) or (5) of this title.
  `(2) After each evaluation made under paragraph (1) of this subsection,
  the Secretary shall determine whether--
  `(A) the foreign country has standards for licensing and certification of
  seamen that are at least equivalent to United States law or international
  standards accepted by the United States; and
  `(B) those standards are being enforced.
  `(3) If the Secretary determines under this subsection that a country
  has failed to maintain or enforce standards at least equivalent to United
  States law or international standards accepted by the United States, the
  Secretary shall prohibit vessels issued documentation by that country from
  entering the United States until the Secretary determines those standards
  have been established and are being enforced.
  `(4) The Secretary may allow provisional entry of a vessel prohibited from
  entering the United States under paragraph (3) of this subsection if--
  `(A) the owner or operator of the vessel establishes, to the satisfaction
  of the Secretary, that the vessel is not unsafe or a threat to the marine
  environment; or
  `(B) the entry is necessary for the safety of the vessel or individuals
  on the vessel.'.
  (b) Reporting Marine Casualties-
  (1) REPORTING REQUIREMENT- Section 6101(a) of title 46, United States Code,
  is amended by adding at the end the following:
  `(5) significant harm to the environment.'.
  (2) APPLICATION TO FOREIGN VESSELS- Section 6101(d) of title 46, United
  States Code, is amended--
  (A) by inserting `(1)' before `This part'; and
  (B) by adding at the end the following:
  `(2) This part applies, to the extent consistent with generally recognized
  principles of international law, to a foreign vessel constructed or adapted
  to carry, or that carries, oil in bulk as cargo or cargo residue involved
  in a marine casualty described under subsection (a) (4) or (5) in waters
  subject to the jurisdiction of the United States, including the Exclusive
  Economic Zone.'.
  (c) TECHNICAL AND CONFORMING AMENDMENTS- Section 9(a) of the Ports and
  Waterways Safety Act (33 U.S.C. 1228(a)) is amended--
  (1) in the matter preceding paragraph (1), by striking `section 4417a of
  the Revised Statutes, as amended,' and inserting `chapter 37 of title 46,
  United States Code,';
  (2) in paragraph (2), by striking `section 4417a of the Revised Statutes,
  as amended,' and inserting `chapter 37 of title 46, United States Code,'; and
  (3) in paragraph (5), by striking `section 4417a(11) of the Revised Statutes,
  as amended,' and inserting `section 9101 of title 46, United States Code,'.
SEC. 4107. VESSEL TRAFFIC SERVICE SYSTEMS.
  (a) IN GENERAL- Section 4(a) of the Ports and Waterways Safety Act (33
  U.S.C. 1223(a)) is amended--
  (1) by striking `Secretary may--' and inserting `Secretary--';
  (2) in paragraph (1) by striking `establish, operate, and maintain' and
  inserting `may construct, operate, maintain, improve, or expand';
  (3) in paragraph (2) by striking `require' and inserting `shall require
  appropriate';
  (4) in paragraph (3) by inserting `may' before `require';
  (5) in paragraph (4) by inserting `may' before `control'; and
  (6) in paragraph (5) by inserting `may' before `require'.
  (b) DIRECTION OF VESSEL MOVEMENT-
  (1) STUDY- The Secretary shall conduct a study--
  (A) of whether the Secretary should be given additional authority to
  direct the movement of vessels on navigable waters and should exercise
  such authority; and
  (B) to determine and prioritize the United States ports and channels that
  are in need of new, expanded, or improved vessel traffic service systems,
  by evaluating--
  (i) the nature, volume, and frequency of vessel traffic;
  (ii) the risks of collisions, spills, and damages associated with that
  traffic;
  (iii) the impact of installation, expansion, or improvement of a vessel
  traffic service system; and
  (iv) all other relevant costs and data.
  (2) REPORT- Not later than 1 year after the date of the enactment of this
  Act, the Secretary shall submit to the Congress a report on the results of
  the study conducted under paragraph (1) and recommendations for implementing
  the results of that study.
SEC. 4108. GREAT LAKES PILOTAGE.
  (a) INDIVIDUALS WHO MAY SERVE AS PILOT ON UNDESIGNATED GREAT LAKE WATERS-
  Section 9302(b) of title 46, United States Code, is amended to read
  as follows:
  `(b) A member of the complement of a vessel of the United States operating
  on register or of a vessel of Canada may serve as the pilot required on
  waters not designated by the President if the member is licensed under
  section 7101 of this title, or under equivalent provisions of Canadian law,
  to direct the navigation of the vessel on the waters being navigated.'.
  (b) PENALTIES- Section 9308 of title 46, United States Code, is amended
  in each of subsections (a), (b), and (c) by striking `$500' and inserting
  `no more than $10,000'.
SEC. 4109. PERIODIC GAUGING OF PLATING THICKNESS OF COMMERCIAL VESSELS.
  Not later than 1 year after the date of the enactment of this Act, the
  Secretary shall issue regulations for vessels constructed or adapted to
  carry, or that carry, oil in bulk as cargo or cargo residue--
  (1) establishing minimum standards for plating thickness; and
  (2) requiring, consistent with generally recognized principles of
  international law, periodic gauging of the plating thickness of all such
  vessels over 30 years old operating on the navigable waters or the waters
  of the exclusive economic zone.
SEC. 4110. OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DEVICES.
  (a) STANDARDS- Not later than 1 year after the date of the enactment of
  this Act, the Secretary shall establish, by regulation, minimum standards
  for devices for warning persons of overfills and tank levels of oil in
  cargo tanks and devices for monitoring the pressure of oil cargo tanks.
  (b) USE- Not later than 1 year after the date of the enactment of this Act,
  the Secretary shall issue regulations establishing, consistent with generally
  recognized principles of international law, requirements concerning the
  use of--
  (1) overfill devices, and
  (2) tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet the standards
established by the Secretary under subsection (a), on vessels constructed
or adapted to carry, or that carry, oil in bulk as cargo or cargo residue
on the navigable waters and the waters of the exclusive economic zone.
SEC. 4111. STUDY ON TANKER NAVIGATION SAFETY STANDARDS.
  (a) IN GENERAL- Not later than 1 year after the date of enactment of this
  Act, the Secretary shall initiate a study to determine whether existing
  laws and regulations are adequate to ensure the safe navigation of vessels
  transporting oil or hazardous substances in bulk on the navigable waters
  and the waters of the exclusive economic zone.
  (b) CONTENT- In conducting the study required under subsection (a), the
  Secretary shall--
  (1) determine appropriate crew sizes on tankers;
  (2) evaluate the adequacy of qualifications and training of crewmembers
  on tankers;
  (3) evaluate the ability of crewmembers on tankers to take emergency
  actions to prevent or remove a discharge of oil or a hazardous substance
  from their tankers;
  (4) evaluate the adequacy of navigation equipment and systems on tankers
  (including sonar, electronic chart display, and satellite technology);
  (5) evaluate and test electronic means of position-reporting and
  identification on tankers, consider the minimum standards suitable for
  equipment for that purpose, and determine whether to require that equipment
  on tankers;
  (6) evaluate the adequacy of navigation procedures under different
  operating conditions, including such variables as speed, daylight, ice,
  tides, weather, and other conditions;
  (7) evaluate whether areas of navigable waters and the exclusive economic
  zone should be designated as zones where the movement of tankers should
  be limited or prohibited;
  (8) evaluate whether inspection standards are adequate;
  (9) review and incorporate the results of past studies, including studies
  conducted by the Coast Guard and the Office of Technology Assessment;
  (10) evaluate the use of computer simulator courses for training bridge
  officers and pilots of vessels transporting oil or hazardous substances
  on the navigable waters and waters of the exclusive economic zone, and
  determine the feasibility and practicality of mandating such training;
  (11) evaluate the size, cargo capacity, and flag nation of tankers
  transporting oil or hazardous substances on the navigable waters and the
  waters of the exclusive economic zone--
  (A) identifying changes occurring over the past 20 years in such size and
  cargo capacity and in vessel navigation and technology; and
  (B) evaluating the extent to which the risks or difficulties associated
  with tanker navigation, vessel traffic control, accidents, oil spills,
  and the containment and cleanup of such spills are influenced by or related
  to an increase in tanker size and cargo capacity; and
  (12) evaluate and test a program of remote alcohol testing for masters
  and pilots aboard tankers carrying significant quantities of oil.
  (c) REPORT- Not later than 2 years after the date of enactment of this Act,
  the Secretary shall transmit to the Congress a report on the results of
  the study conducted under subsection (a), including recommendations for
  implementing the results of that study.
SEC. 4112. DREDGE MODIFICATION STUDY.
  (a) STUDY- The Secretary of the Army shall conduct a study and demonstration
  to determine the feasibility of modifying dredges to make them usable in
  removing discharges of oil and hazardous substances.
  (b) REPORT- Not later than 1 year after the date of enactment of this Act,
  the Secretary of the Army shall submit to the Congress a report on the
  results of the study conducted under subsection (a) and recommendations
  for implementing the results of that study.
SEC. 4113. USE OF LINERS.
  (a) STUDY- The President shall conduct a study to determine whether liners
  or other secondary means of containment should be used to prevent leaking
  or to aid in leak detection at onshore facilities used for the bulk storage
  of oil and located near navigable waters.
  (b) REPORT- Not later than 1 year after the date of enactment of this Act,
  the President shall submit to the Congress a report on the results of the
  study conducted under subsection (a) and recommendations to implement the
  results of the study.
  (c) IMPLEMENTATION- Not later than 6 months after the date the report
  required under subsection (b) is submitted to the Congress, the President
  shall implement the recommendations contained in the report.
SEC. 4114. TANK VESSEL MANNING.
  (a) RULEMAKING- In order to protect life, property, and the environment,
  the Secretary shall initiate a rulemaking proceeding within 180 days after
  the date of the enactment of this Act to define the conditions under,
  and designate the waters upon, which tank vessels subject to section 3703
  of title 46, United States Code, may operate in the navigable waters with
  the auto-pilot engaged or with an unattended engine room.
  (b) WATCHES- Section 8104 of title 46, United States Code, is amended by
  adding at the end the following new subsection:
  `(n) On a tanker, a licensed individual or seaman may not be permitted to
  work more than 15 hours in any 24-hour period, or more than 36 hours in
  any 72-hour period, except in an emergency or a drill. In this subsection,
  `work' includes any administrative duties associated with the vessel
  whether performed on board the vessel or onshore.'.
  (c) MANNING REQUIREMENT- Section 8101(a) of title 46, United States Code,
  is amended--
  (1) by striking `and' at the end of paragraph (1);
  (2) by striking the period at the end of paragraph (2) and inserting `;
  and'; and
  (3) by adding at the end the following new paragraph:
  `(3) a tank vessel shall consider the navigation, cargo handling, and
  maintenance functions of that vessel for protection of life, property,
  and the environment.'.
  (d) STANDARDS- Section 9102(a) of title 46, United States Code, is amended--
  (1) by striking `and' at the end of paragraph (6);
  (2) by striking the period at the end of paragraph (7) and inserting `;
  and'; and
  (3) by adding at the end the following new paragraph:
  `(8) instruction in vessel maintenance functions.'.
  (e) RECORDS- Section 7502 of title 46, United States Code, is amended by
  striking `maintain records' and inserting `maintain computerized records'.
SEC. 4115. ESTABLISHMENT OF DOUBLE HULL REQUIREMENT FOR TANK VESSELS.
  (a) DOUBLE HULL REQUIREMENT- Chapter 37 of title 46, United States Code,
  is amended by inserting after section 3703 the following new section:
`Sec. 3703a. Tank vessel construction standards
  `(a) Except as otherwise provided in this section, a vessel to which this
  chapter applies shall be equipped with a double hull--
  `(1) if it is constructed or adapted to carry, or carries, oil in bulk as
  cargo or cargo residue; and
  `(2) when operating on the waters subject to the jurisdiction of the United
  States, including the Exclusive Economic Zone.
  `(b) This section does not apply to--
  `(1) a vessel used only to respond to a discharge of oil or a hazardous
  substance;
  `(2) a vessel of less than 5,000 gross tons equipped with a double
  containment system determined by the Secretary to be as effective as a
  double hull for the prevention of a discharge of oil; or
  `(3) before January 1, 2015--
  `(A) a vessel unloading oil in bulk at a deepwater port licensed under
  the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); or
  `(B) a delivering vessel that is offloading in lightering activities--
  `(i) within a lightering zone established under section 3715(b)(5) of this
  title; and
  `(ii) more than 60 miles from the baseline from which the territorial sea
  of the United States is measured.
  `(c)(1) In this subsection, the age of a vessel is determined from the
  later of the date on which the vessel--
  `(A) is delivered after original construction;
  `(B) is delivered after completion of a major conversion; or
  `(C) had its appraised salvage value determined by the Coast Guard and is
  qualified for documentation under section 4136 of the Revised Statutes of
  the United States (46 App. U.S.C. 14).
  `(2) A vessel of less than 5,000 gross tons for which a building contract or
  contract for major conversion was placed before June 30, 1990, and that
  is delivered under that contract before January 1, 1994, and a vessel
  of less than 5,000 gross tons that had its appraised salvage value
  determined by the Coast Guard before June 30, 1990, and that qualifies
  for documentation under section 4136 of the Revised Statutes of the United
  States (46 App. U.S.C. 14) before January 1, 1994, may not operate in the
  navigable waters or the Exclusive Economic Zone of the United States after
  January 1, 2015, unless the vessel is equipped with a double hull or with
  a double containment system determined by the Secretary to be as effective
  as a double hull for the prevention of a discharge of oil.
  `(3) A vessel for which a building contract or contract for major conversion
  was placed before June 30, 1990, and that is delivered under that contract
  before January 1, 1994, and a vessel that had its appraised salvage value
  determined by the Coast Guard before June 30, 1990, and that qualifies
  for documentation under section 4136 of the Revised Statutes of the United
  States (46 App. U.S.C. 14) before January 1, 1994, may not operate in the
  navigable waters or Exclusive Economic Zone of the United States unless
  equipped with a double hull--
  `(A) in the case of a vessel of at least 5,000 gross tons but less than
  15,000 gross tons--
  `(i) after January 1, 1995, if the vessel is 40 years old or older and
  has a single hull, or is 45 years old or older and has a double bottom or
  double sides;
  `(ii) after January 1, 1996, if the vessel is 39 years old or older and
  has a single hull, or is 44 years old or older and has a double bottom or
  double sides;
  `(iii) after January 1, 1997, if the vessel is 38 years old or older and
  has a single hull, or is 43 years old or older and has a double bottom or
  double sides;
  `(iv) after January 1, 1998, if the vessel is 37 years old or older and
  has a single hull, or is 42 years old or older and has a double bottom or
  double sides;
  `(v) after January 1, 1999, if the vessel is 36 years old or older and
  has a single hull, or is 41 years old or older and has a double bottom or
  double sides;
  `(vi) after January 1, 2000, if the vessel is 35 years old or older and
  has a single hull, or is 40 years old or older and has a double bottom or
  double sides; and
  `(vii) after January 1, 2005, if the vessel is 25 years old or older and
  has a single hull, or is 30 years old or older and has a double bottom or
  double sides;
  `(B) in the case of a vessel of at least 15,000 gross tons but less than
  30,000 gross tons--
  `(i) after January 1, 1995, if the vessel is 40 years old or older and
  has a single hull, or is 45 years old or older and has a double bottom or
  double sides;
  `(ii) after January 1, 1996, if the vessel is 38 years old or older and
  has a single hull, or is 43 years old or older and has a double bottom or
  double sides;
  `(iii) after January 1, 1997, if the vessel is 36 years old or older and
  has a single hull, or is 41 years old or older and has a double bottom or
  double sides;
  `(iv) after January 1, 1998, if the vessel is 34 years old or older and
  has a single hull, or is 39 years old or older and has a double bottom or
  double sides;
  `(v) after January 1, 1999, if the vessel is 32 years old or older and
  has a single hull, or 37 years old or older and has a double bottom or
  double sides;
  `(vi) after January 1, 2000, if the vessel is 30 years old or older and
  has a single hull, or is 35 years old or older and has a double bottom or
  double sides;
  `(vii) after January 1, 2001, if the vessel is 29 years old or older and
  has a single hull, or is 34 years old or older and has a double bottom or
  double sides;
  `(viii) after January 1, 2002, if the vessel is 28 years old or older and
  has a single hull, or is 33 years old or older and has a double bottom or
  double sides;
  `(ix) after January 1, 2003, if the vessel is 27 years old or older and
  has a single hull, or is 32 years old or older and has a double bottom or
  double sides;
  `(x) after January 1, 2004, if the vessel is 26 years old or older and
  has a single hull, or is 31 years old or older and has a double bottom or
  double sides; and
  `(xi) after January 1, 2005, if the vessel is 25 years old or older and
  has a single hull, or is 30 years old or older and has a double bottom or
  double sides; and
  `(C) in the case of a vessel of at least 30,000 gross tons--
  `(i) after January 1, 1995, if the vessel is 28 years old or older and
  has a single hull, or 33 years old or older and has a double bottom or
  double sides;
  `(ii) after January 1, 1996, if the vessel is 27 years old or older and
  has a single hull, or is 32 years old or older and has a double bottom or
  double sides;
  `(iii) after January 1, 1997, if the vessel is 26 years old or older and
  has a single hull, or is 31 years old or older and has a double bottom or
  double sides;
  `(iv) after January 1, 1998, if the vessel is 25 years old or older and
  has a single hull, or is 30 years old or older and has a double bottom or
  double sides;
  `(v) after January 1, 1999, if the vessel is 24 years old or older and has
  a single hull, or 29 years old or older and has a double bottom or double
  sides; and
  `(vi) after January 1, 2000, if the vessel is 23 years old or older and
  has a single hull, or is 28 years old or older and has a double bottom or
  double sides.
  `(4) Except as provided in subsection (b) of this section--
  `(A) a vessel that has a single hull may not operate after January 1,
  2010; and
  `(B) a vessel that has a double bottom or double sides may not operate
  after January 1, 2015.'.
  (b) RULEMAKING- The Secretary shall, within 12 months after the date of
  the enactment of this Act, complete a rulemaking proceeding and issue a
  final rule to require that tank vessels over 5,000 gross tons affected by
  section 3703a of title 46, United States Code, as added by this section,
  comply until January 1, 2015, with structural and operational requirements
  that the Secretary determines will provide as substantial protection to
  the environment as is economically and technologically feasible.
  (c) CLERICAL AMENDMENT- The analysis for chapter 37 of title 46, United
  States Code, is amended by inserting after the item relating to section
  3703 the following:
`3703a. Tank vessel construction standards.'.
  (d) LIGHTERING REQUIREMENTS- Section 3715(a) of title 46, United States
  Code, is amended--
  (1) in paragraph (1), by striking `; and' and inserting a semicolon;
  (2) in paragraph (2), by striking the period and inserting `; and'; and6
  (3) by adding at the end the following:
  `(3) the delivering and the receiving vessel had on board at the time
  of transfer, a certificate of financial responsibility as would have
  been required under section 1016 of the Oil Pollution Act of 1990, had
  the transfer taken place in a place subject to the jurisdiction of the
  United States;
  `(4) the delivering and the receiving vessel had on board at the time of
  transfer, evidence that each vessel is operating in compliance with section
  311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)); and
  `(5) the delivering and the receiving vessel are operating in compliance
  with section 3703a of this title.'.
  (e) SECRETARIAL STUDIES-
  (1) OTHER REQUIREMENTS- Not later than 6 months after the date of enactment
  of this Act, the Secretary shall determine, based on recommendations
  from the National Academy of Sciences or other qualified organizations,
  whether other structural and operational tank vessel requirements will
  provide protection to the marine environment equal to or greater than
  that provided by double hulls, and shall report to the Congress that
  determination and recommendations for legislative action.
  (2) REVIEW AND ASSESSMENT- The Secretary shall--
  (A) periodically review recommendations from the National Academy of Sciences
  and other qualified organizations on methods for further increasing the
  environmental and operational safety of tank vessels;
  (B) not later than 5 years after the date of enactment of this Act, assess
  the impact of this section on the safety of the marine environment and the
  economic viability and operational makeup of the maritime oil transportation
  industry; and
  (C) report the results of the review and assessment to the Congress with
  recommendations for legislative or other action.
  (f) VESSEL FINANCING- Section 1104 of the Merchant Marine Act of 1936
  (46 App. U.S.C. 1274) is amended--
  (1) by striking `SEC. 1104.' and inserting `SEC. 1104A.'; and
  (2) by inserting after section 1104A (as redesignated by paragraph (1))
  the following:
  `SEC. 1104B. (a) Notwithstanding the provisions of this title, except
  as provided in subsection (d) of this section, the Secretary, upon the
  terms the Secretary may prescribe, may guarantee or make a commitment
  to guarantee, payment of the principal of and interest on an obligation
  which aids in financing and refinancing, including reimbursement to an
  obligor for expenditures previously made, of a contract for construction
  or reconstruction of a vessel or vessels owned by citizens of the United
  States which are designed and to be employed for commercial use in the
  coastwise or intercoastal trade or in foreign trade as defined in section
  905 of this Act if--
  `(1) the construction or reconstruction by an applicant is made necessary
  to replace vessels the continued operation of which is denied by virtue
  of the imposition of a statutorily mandated change in standards for the
  operation of vessels, and where, as a matter of law, the applicant would
  otherwise be denied the right to continue operating vessels in the trades
  in which the applicant operated prior to the taking effect of the statutory
  or regulatory change;
  `(2) the applicant is presently engaged in transporting cargoes in vessels
  of the type and class that will be constructed or reconstructed under this
  section, and agrees to employ vessels constructed or reconstructed under
  this section as replacements only for vessels made obsolete by changes in
  operating standards imposed by statute;
  `(3) the capacity of the vessels to be constructed or reconstructed under
  this title will not increase the cargo carrying capacity of the vessels
  being replaced;
  `(4) the Secretary has not made a determination that the market demand for
  the vessel over its useful life will diminish so as to make the granting
  of the guarantee fiduciarily imprudent; and
  `(5) the Secretary has considered the provisions of section 1104A(d)(1)(A)
  (iii), (iv), and (v) of this title.
  `(b) For the purposes of this section--
  `(1) the maximum term for obligations guaranteed under this program may
  not exceed 25 years;
  `(2) obligations guaranteed may not exceed 75 percent of the actual
  cost or depreciated actual cost to the applicant for the construction or
  reconstruction of the vessel; and
  `(3) reconstruction cost obligations may not be guaranteed unless the
  vessel after reconstruction will have a useful life of at least 15 years.
  `(c)(1) The Secretary shall by rule require that the applicant provide
  adequate security against default. The Secretary may, in addition to
  any fees assessed under section 1104A(e), establish a Vessel Replacement
  Guarantee Fund into which shall be paid by obligors under this section--
  `(A) annual fees which may be an additional amount on the loan guarantee
  fee in section 1104A(e) not to exceed an additional 1 percent; or
  `(B) fees based on the amount of the obligation versus the percentage of
  the obligor's fleet being replaced by vessels constructed or reconstructed
  under this section.
  `(2) The Vessel Replacement Guarantee Fund shall be a subaccount in the
  Federal Ship Financing Fund, and shall--
  `(A) be the depository for all moneys received by the Secretary under
  sections 1101 through 1107 of this title with respect to guarantee or
  commitments to guarantee made under this section;
  `(B) not include investigation fees payable under section 1104A(f) which
  shall be paid to the Federal Ship Financing Fund; and
  `(C) be the depository, whenever there shall be outstanding any notes or
  obligations issued by the Secretary under section 1105(d) with respect to the
  Vessel Replacement Guarantee Fund, for all moneys received by the Secretary
  under sections 1101 through 1107 from applicants under this section.
  `(d) The program created by this section shall, in addition to the
  requirements of this section, be subject to the provisions of sections 1101
  through 1103; 1104A(b) (1), (4), (5), (6); 1104A(e); 1104A(f); 1104A(h); and
  1105 through 1107; except that the Federal Ship Financing Fund is not liable
  for any guarantees or commitments to guarantee issued under this section.'.
SEC. 4116. PILOTAGE.
  (a) PILOT REQUIRED- Section 8502(g) of title 46, United States Code,
  is amended to read as follows:
  `(g)(1) The Secretary shall designate by regulation the areas of the
  approaches to and waters of Prince William Sound, Alaska, if any, on which
  a vessel subject to this section is not required to be under the direction
  and control of a pilot licensed under section 7101 of this title.
  `(2) In any area of Prince William Sound, Alaska, where a vessel subject to
  this section 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 State of Alaska
  who is operating under a Federal license, when the vessel is navigating
  waters between 60«49' North latitude and the Port of Valdez, Alaska.'.
  (b) SECOND PERSON REQUIRED- Section 8502 of title 46, United States Code,
  is amended by adding at the end the following:
  `(h) The Secretary shall designate waters on which tankers over 1,600
  gross tons subject to this section shall have on the bridge a master or
  mate licensed to direct and control the vessel under section 7101(c)(1)
  of this title who is separate and distinct from the pilot required under
  subsection (a) of this section.'.
  (c) ESCORTS FOR CERTAIN TANKERS- Not later than 6 months after the date
  of the enactment of this Act, the Secretary shall initiate issuance of
  regulations under section 3703(a)(3) of title 46, United States Code, to
  define those areas, including Prince William Sound, Alaska, and Rosario
  Strait and Puget Sound, Washington (including those portions of the
  Strait of Juan de Fuca east of Port Angeles, Haro Strait, and the Strait
  of Georgia subject to United States jurisdiction), on which single hulled
  tankers over 5,000 gross tons transporting oil in bulk shall be escorted
  by at least two towing vessels (as defined under section 2101 of title 46,
  United States Code) or other vessels considered appropriate by the Secretary.
  (d) TANKER DEFINED- In this section the term `tanker' has the same meaning
  the term has in section 2101 of title 46, United States Code.
SEC. 4117. MARITIME POLLUTION PREVENTION TRAINING PROGRAM STUDY.
  The Secretary shall conduct a study to determine the feasibility of a
  Maritime Oil Pollution Prevention Training program to be carried out in
  cooperation with approved maritime training institutions. The study shall
  assess the costs and benefits of transferring suitable vessels to selected
  maritime training institutions, equipping the vessels for oil spill response,
  and training students in oil pollution response skills. The study shall
  be completed and transmitted to the Congress no later than one year after
  the date of the enactment of this Act.
SEC. 4118. VESSEL COMMUNICATION EQUIPMENT REGULATIONS.
  The Secretary shall, not later than one year after the date of the enactment
  of this Act, issue regulations necessary to ensure that vessels subject
  to the Vessel Bridge-to-Bridge Radiotelephone Act of 1971 (33 U.S.C. 1203)
  are also equipped as necessary to--
  (1) receive radio marine navigation safety warnings; and
  (2) engage in radio communications on designated frequencies with the
  Coast Guard, and such other vessels and stations as may be specified by
  the Secretary.
Subtitle B--Removal
SEC. 4201. FEDERAL REMOVAL AUTHORITY.
  (a) IN GENERAL- Subsection (c) of section 311 of the Federal Water Pollution
  Control Act (33 U.S.C. 1321(c)) is amended to read as follows:
  `(c) FEDERAL REMOVAL AUTHORITY-
  `(1) GENERAL REMOVAL REQUIREMENT- (A) The President shall, in accordance with
  the National Contingency Plan and any appropriate Area Contingency Plan,
  ensure effective and immediate removal of a discharge, and mitigation or
  prevention of a substantial threat of a discharge, of oil or a hazardous
  substance--
  `(i) into or on the navigable waters;
  `(ii) on the adjoining shorelines to the navigable waters;
  `(iii) into or on the waters of the exclusive economic zone; or
  `(iv) that may affect natural resources belonging to, appertaining to,
  or under the exclusive management authority of the United States.
  `(B) In carrying out this paragraph, the President may--
  `(i) remove or arrange for the removal of a discharge, and mitigate or
  prevent a substantial threat of a discharge, at any time;
  `(ii) direct or monitor all Federal, State, and private actions to remove
  a discharge; and
  `(iii) remove and, if necessary, destroy a vessel discharging, or threatening
  to discharge, by whatever means are available.
  `(2) DISCHARGE POSING SUBSTANTIAL THREAT TO PUBLIC HEALTH OR WELFARE-
  (A) If a discharge, or a substantial threat of a discharge, of oil or a
  hazardous substance from a vessel, offshore facility, or onshore facility
  is of such a size or character as to be a substantial threat to the public
  health or welfare of the United States (including but not limited to fish,
  shellfish, wildlife, other natural resources, and the public and private
  beaches and shorelines of the United States), the President shall direct
  all Federal, State, and private actions to remove the discharge or to
  mitigate or prevent the threat of the discharge.
  `(B) In carrying out this paragraph, the President may, without regard to
  any other provision of law governing contracting procedures or employment
  of personnel by the Federal Government--
  `(i) remove or arrange for the removal of the discharge, or mitigate or
  prevent the substantial threat of the discharge; and
  `(ii) remove and, if necessary, destroy a vessel discharging, or threatening
  to discharge, by whatever means are available.
  `(3) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY PLAN- (A) Each Federal
  agency, State, owner or operator, or other person participating in efforts
  under this subsection shall act in accordance with the National Contingency
  Plan or as directed by the President.
  `(B) An owner or operator participating in efforts under this subsection
  shall act in accordance with the National Contingency Plan and the applicable
  response plan required under subsection (j), or as directed by the President.
  `(4) EXEMPTION FROM LIABILITY- (A) A person is not liable for removal
  costs or damages which result from actions taken or omitted to be taken
  in the course of rendering care, assistance, or advice consistent with
  the National Contingency Plan or as otherwise directed by the President.
  `(B) Subparagraph (A) does not apply--
  `(i) to a responsible party;
  `(ii) to a response under the Comprehensive Environmental Response,
  Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
  `(iii) with respect to personal injury or wrongful death; or
  `(iv) if the person is grossly negligent or engages in willful misconduct.
  `(C) A responsible party is liable for any removal costs and damages that
  another person is relieved of under subparagraph (A).
  `(5) OBLIGATION AND LIABILITY OF OWNER OR OPERATOR NOT AFFECTED- Nothing
  in this subsection affects--
  `(A) the obligation of an owner or operator to respond immediately to a
  discharge, or the threat of a discharge, of oil; or
  `(B) the liability of a responsible party under the Oil Pollution Act
  of 1990.
  `(6) RESPONSIBLE PARTY DEFINED- For purposes of this subsection, the term
  `responsible party' has the meaning given that term under section 1001 of
  the Oil Pollution Act of 1990.'.
  (b) NATIONAL CONTINGENCY PLAN- Subsection (d) of section 311 of the
  Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended to read
  as follows:
  `(d) NATIONAL CONTINGENCY PLAN-
  `(1) PREPARATION BY PRESIDENT- The President shall prepare and publish
  a National Contingency Plan for removal of oil and hazardous substances
  pursuant to this section.
  `(2) CONTENTS- The National Contingency Plan shall provide for efficient,
  coordinated, and effective action to minimize damage from oil and hazardous
  substance discharges, including containment, dispersal, and removal of
  oil and hazardous substances, and shall include, but not be limited to,
  the following:
  `(A) Assignment of duties and responsibilities among Federal departments
  and agencies in coordination with State and local agencies and port
  authorities including, but not limited to, water pollution control and
  conservation and trusteeship of natural resources (including conservation
  of fish and wildlife).
  `(B) Identification, procurement, maintenance, and storage of equipment
  and supplies.
  `(C) Establishment or designation of Coast Guard strike teams, consisting
  of--
  `(i) personnel who shall be trained, prepared, and available to provide
  necessary services to carry out the National Contingency Plan;
  `(ii) adequate oil and hazardous substance pollution control equipment
  and material; and
  `(iii) a detailed oil and hazardous substance pollution and prevention plan,
  including measures to protect fisheries and wildlife.
  `(D) A system of surveillance and notice designed to safeguard against as
  well as ensure earliest possible notice of discharges of oil and hazardous
  substances and imminent threats of such discharges to the appropriate
  State and Federal agencies.
  `(E) Establishment of a national center to provide coordination and
  direction for operations in carrying out the Plan.
  `(F) Procedures and techniques to be employed in identifying, containing,
  dispersing, and removing oil and hazardous substances.
  `(G) A schedule, prepared in cooperation with the States, identifying--
  `(i) dispersants, other chemicals, and other spill mitigating devices and
  substances, if any, that may be used in carrying out the Plan,
  `(ii) the waters in which such dispersants, other chemicals, and other
  spill mitigating devices and substances may be used, and
  `(iii) the quantities of such dispersant, other chemicals, or other spill
  mitigating device or substance which can be used safely in such waters,
which schedule shall provide in the case of any dispersant, chemical, spill
mitigating device or substance, or waters not specifically identified in such
schedule that the President, or his delegate, may, on a case-by-case basis,
identify the dispersants, other chemicals, and other spill mitigating devices
and substances which may be used, the waters in which they may be used,
and the quantities which can be used safely in such waters.
  `(H) A system whereby the State or States affected by a discharge of oil
  or hazardous substance may act where necessary to remove such discharge
  and such State or States may be reimbursed in accordance with the Oil
  Pollution Act of 1990, in the case of any discharge of oil from a vessel
  or facility, for the reasonable costs incurred for that removal, from the
  Oil Spill Liability Trust Fund.
  `(I) Establishment of criteria and procedures to ensure immediate and
  effective Federal identification of, and response to, a discharge, or the
  threat of a discharge, that results in a substantial threat to the public
  health or welfare of the United States, as required under subsection (c)(2).
  `(J) Establishment of procedures and standards for removing a worst case
  discharge of oil, and for mitigating or preventing a substantial threat
  of such a discharge.
  `(K) Designation of the Federal official who shall be the Federal On-Scene
  Coordinator for each area for which an Area Contingency Plan is required
  to be prepared under subsection (j).
  `(L) Establishment of procedures for the coordination of activities of--
  `(i) Coast Guard strike teams established under subparagraph (C);
  `(ii) Federal On-Scene Coordinators designated under subparagraph (K);
  `(iii) District Response Groups established under subsection (j); and
  `(iv) Area Committees established under subsection (j).
  `(M) A fish and wildlife response plan, developed in consultation with
  the United States Fish and Wildlife Service, the National Oceanic and
  Atmospheric Administration, and other interested parties (including State
  fish and wildlife conservation officials), for the immediate and effective
  protection, rescue, and rehabilitation of, and the minimization of risk of
  damage to, fish and wildlife resources and their habitat that are harmed
  or that may be jeopardized by a discharge.
  `(3) REVISIONS AND AMENDMENTS- The President may, from time to time,
  as the President deems advisable, revise or otherwise amend the National
  Contingency Plan.
  `(4) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY PLAN- After publication
  of the National Contingency Plan, the removal of oil and hazardous substances
  and actions to minimize damage from oil and hazardous substance discharges
  shall, to the greatest extent possible, be in accordance with the National
  Contingency Plan.'.
  (b) DEFINITIONS-  Section 311(a) of the Federal Water Pollution Control Act
  (33 U.S.C. 1321(a)) is amended--
  (1) in paragraph (8), by inserting `containment and' after `refers to'; and
  (2) in paragraph (16) by striking the period at the end and inserting
  a semicolon;
  (3) in paragraph (17)--
  (A) by striking `Otherwise' and inserting `otherwise'; and
  (B) by striking the period at the end and inserting a semicolon; and
  (4) by adding at the end the following:
  `(18) `Area Committee' means an Area Committee established under subsection
  (j);
  `(19) `Area Contingency Plan' means an Area Contingency Plan prepared
  under subsection (j);
  `(20) `Coast Guard District Response Group' means a Coast Guard District
  Response Group established under subsection (j);
  `(21) `Federal On-Scene Coordinator' means a Federal On-Scene Coordinator
  designated in the National Contingency Plan;
  `(22) `National Contingency Plan' means the National Contingency Plan
  prepared and published under subsection (d);
  `(23) `National Response Unit' means the National Response Unit established
  under subsection (j); and
  `(24) `worst case discharge' means--
  `(A) in the case of a vessel, a discharge in adverse weather conditions
  of its entire cargo; and
  `(B) in the case of an offshore facility or onshore facility, the largest
  foreseeable discharge in adverse weather conditions.'.
  (c) REVISION OF NATIONAL CONTINGENCY PLAN- Not later than one year after
  the date of the enactment of this Act, the President shall revise and
  republish the National Contingency Plan prepared under section 311(c)(2)
  of the Federal Water Pollution Control Act (as in effect immediately before
  the date of the enactment of this Act) to implement the amendments made
  by this section and section 4202.
SEC. 4202. NATIONAL PLANNING AND RESPONSE SYSTEM.
  (a) IN GENERAL- Subsection (j) of section 311 of the Federal Water Pollution
  Control Act (33 U.S.C. 1321(j)) is amended--
  (1) by striking `(j)' and inserting the following:
  `(j) NATIONAL RESPONSE SYSTEM- ';
  (2) by moving paragraph (1) so as to begin immediately below the heading
  for subsection (j) (as added by paragraph (1) of this subsection);
  (3) by moving paragraph (1) two ems to the right, so the left margin of
  that paragraph is aligned with the left margin of paragraph (2) of that
  subsection (as added by paragraph (6) of this subsection);
  (4) in paragraph (1) by striking `(1)' and inserting the following:
  `(1) IN GENERAL- ';
  (5) by striking paragraph (2); and
  (6) by adding at the end the following:
  `(2) NATIONAL RESPONSE UNIT- The Secretary of the department in which
  the Coast Guard is operating shall establish a National Response Unit at
  Elizabeth City, North Carolina. The Secretary, acting through the National
  Response Unit--
  `(A) shall compile and maintain a comprehensive computer list of spill
  removal resources, personnel, and equipment that is available worldwide
  and within the areas designated by the President pursuant to paragraph
  (4), which shall be available to Federal and State agencies and the public;
  `(B) shall provide technical assistance, equipment, and other resources
  requested by a Federal On-Scene Coordinator;
  `(C) shall coordinate use of private and public personnel and equipment to
  remove a worst case discharge, and to mitigate or prevent a substantial
  threat of such a discharge, from a vessel, offshore facility, or onshore
  facility operating in or near an area designated by the President pursuant
  to paragraph (4);
  `(D) may provide technical assistance in the preparation of Area Contingency
  Plans required under paragraph (4);
  `(E) shall administer Coast Guard strike teams established under the
  National Contingency Plan;
  `(F) shall maintain on file all Area Contingency Plans approved by the
  President under this subsection; and
  `(G) shall review each of those plans that affects its responsibilities
  under this subsection.
  `(3) COAST GUARD DISTRICT RESPONSE GROUPS- (A) The Secretary of the
  department in which the Coast Guard is operating shall establish in each
  Coast Guard district a Coast Guard District Response Group.
  `(B) Each Coast Guard District Response Group shall consist of--
  `(i) the Coast Guard personnel and equipment, including firefighting
  equipment, of each port within the district;
  `(ii) additional prepositioned equipment; and
  `(iii) a district response advisory staff.
  `(C) Coast Guard district response groups--
  `(i) shall provide technical assistance, equipment, and other resources
  when required by a Federal On-Scene Coordinator;
  `(ii) shall maintain all Coast Guard response equipment within its district;
  `(iii) may provide technical assistance in the preparation of Area
  Contingency Plans required under paragraph (4); and
  `(iv) shall review each of those plans that affect its area of geographic
  responsibility.
  `(4) AREA COMMITTEES AND AREA CONTINGENCY PLANS- (A) There is established
  for each area designated by the President an Area Committee comprised of
  members appointed by the President from qualified personnel of Federal,
  State, and local agencies.
  `(B) Each Area Committee, under the direction of the Federal On-Scene
  Coordinator for its area, shall--
  `(i) prepare for its area the Area Contingency Plan required under
  subparagraph (C);
  `(ii) work with State and local officials to enhance the contingency planning
  of those officials and to assure preplanning of joint response efforts,
  including appropriate procedures for mechanical recovery, dispersal,
  shoreline cleanup, protection of sensitive environmental areas, and
  protection, rescue, and rehabilitation of fisheries and wildlife; and
  `(iii) work with State and local officials to expedite decisions for the
  use of dispersants and other mitigating substances and devices.
  `(C) Each Area Committee shall prepare and submit to the President for
  approval an Area Contingency Plan for its area. The Area Contingency
  Plan shall--
  `(i) when implemented in conjunction with the National Contingency Plan,
  be adequate to remove a worst case discharge, and to mitigate or prevent a
  substantial threat of such a discharge, from a vessel, offshore facility,
  or onshore facility operating in or near the area;
  `(ii) describe the area covered by the plan, including the areas of special
  economic or environmental importance that might be damaged by a discharge;
  `(iii) describe in detail the responsibilities of an owner or operator
  and of Federal, State, and local agencies in removing a discharge, and in
  mitigating or preventing a substantial threat of a discharge;
  `(iv) list the equipment (including firefighting equipment), dispersants
  or other mitigating substances and devices, and personnel available to
  an owner or operator and Federal, State, and local agencies, to ensure an
  effective and immediate removal of a discharge, and to ensure mitigation
  or prevention of a substantial threat of a discharge;
  `(v) describe the procedures to be followed for obtaining an expedited
  decision regarding the use of dispersants;
  `(vi) describe in detail how the plan is integrated into other Area
  Contingency Plans and vessel, offshore facility, and onshore facility
  response plans approved under this subsection, and into operating procedures
  of the National Response Unit;
  `(vii) include any other information the President requires; and
  `(viii) be updated periodically by the Area Committee.
  `(D) The President shall--
  `(i) review and approve Area Contingency Plans under this paragraph; and
  `(ii) periodically review Area Contingency Plans so approved.
  `(5) TANK VESSEL AND FACILITY RESPONSE PLANS- (A) The President shall
  issue regulations which require an owner or operator of a tank vessel
  or facility described in subparagraph (B) to prepare and submit to the
  President a plan for responding, to the maximum extent practicable, to
  a worst case discharge, and to a substantial threat of such a discharge,
  of oil or a hazardous substance.
  `(B) The tank vessels and facilities referred to in subparagraph (A)
  are the following:
  `(i) A tank vessel, as defined under section 2101 of title 46, United
  States Code.
  `(ii) An offshore facility.
  `(iii) An onshore facility that, because of its location, could reasonably
  be expected to cause substantial harm to the environment by discharging
  into or on the navigable waters, adjoining shorelines, or the exclusive
  economic zone.
  `(C) A response plan required under this paragraph shall--
  `(i) be consistent with the requirements of the National Contingency Plan
  and Area Contingency Plans;
  `(ii) identify the qualified individual having full authority to implement
  removal actions, and require immediate communications between that individual
  and the appropriate Federal official and the persons providing personnel
  and equipment pursuant to clause (iii);
  `(iii) identify, and ensure by contract or other means approved by the
  President the availability of, private personnel and equipment necessary to
  remove to the maximum extent practicable a worst case discharge (including
  a discharge resulting from fire or explosion), and to mitigate or prevent
  a substantial threat of such a discharge;
  `(iv) describe the training, equipment testing, periodic unannounced drills,
  and response actions of persons on the vessel or at the facility, to be
  carried out under the plan to ensure the safety of the vessel or facility
  and to mitigate or prevent the discharge, or the substantial threat of
  a discharge;
  `(v) be updated periodically; and
  `(vi) be resubmitted for approval of each significant change.
  `(D) With respect to any response plan submitted under this paragraph for an
  onshore facility that, because of its location, could reasonably be expected
  to cause significant and substantial harm to the environment by discharging
  into or on the navigable waters or adjoining shorelines or the exclusive
  economic zone, and with respect to each response plan submitted under this
  paragraph for a tank vessel or offshore facility, the President shall--
  `(i) promptly review such response plan;
  `(ii) require amendments to any plan that does not meet the requirements
  of this paragraph;
  `(iii) approve any plan that meets the requirements of this paragraph; and
  `(iv) review each plan periodically thereafter.
  `(E) A tank vessel, offshore facility, or onshore facility required to
  prepare a response plan under this subsection may not handle, store,
  or transport oil unless--
  `(i) in the case of a tank vessel, offshore facility, or onshore facility
  for which a response plan is reviewed by the President under subparagraph
  (D), the plan has been approved by the President; and
  `(ii) the vessel or facility is operating in compliance with the plan.
  `(F) Notwithstanding subparagraph (E), the President may authorize a
  tank vessel, offshore facility, or onshore facility to operate without a
  response plan approved under this paragraph, until not later than 2 years
  after the date of the submission to the President of a plan for the tank
  vessel or facility, if the owner or operator certifies that the owner or
  operator has ensured by contract or other means approved by the President
  the availability of private personnel and equipment necessary to respond,
  to the maximum extent practicable, to a worst case discharge or a substantial
  threat of such a discharge.
  `(G) The owner or operator of a tank vessel, offshore facility, or onshore
  facility may not claim as a defense to liability under title I of the Oil
  Pollution Act of 1990 that the owner or operator was acting in accordance
  with an approved response plan.
  `(H) The Secretary shall maintain, in the Vessel Identification System
  established under chapter 125 of title 46, United States Code, the dates
  of approval and review of a response plan under this paragraph for each
  tank vessel that is a vessel of the United States.
  `(6) EQUIPMENT REQUIREMENTS AND INSPECTION- Not later than 2 years after
  the date of enactment of this section, the President shall require--
  `(A) periodic inspection of containment booms, skimmers, vessels, and
  other major equipment used to remove discharges; and
  `(B) vessels operating on navigable waters and carrying oil or a hazardous
  substance in bulk as cargo to carry appropriate removal equipment that
  employs the best technology economically feasible and that is compatible
  with the safe operation of the vessel.
  `(7) AREA DRILLS- The President shall periodically conduct drills of removal
  capability, without prior notice, in areas for which Area Contingency
  Plans are required under this subsection and under relevant tank vessel and
  facility response plans. The drills may include participation by Federal,
  State, and local agencies, the owners and operators of vessels and facilities
  in the area, and private industry. The President may publish annual reports
  on these drills, including assessments of the effectiveness of the plans
  and a list of amendments made to improve plans.
  `(8) UNITED STATES GOVERNMENT NOT LIABLE- The United States Government is
  not liable for any damages arising from its actions or omissions relating
  to any response plan required by this section.'.
  (b) IMPLEMENTATION-
  (1) AREA COMMITTEES AND CONTINGENCY PLANS- (A) Not later than 6 months after
  the date of the enactment of this Act, the President shall designate the
  areas for which Area Committees are established under section 311(j)(4)
  of the Federal Water Pollution Control Act, as amended by this Act. In
  designating such areas, the President shall ensure that all navigable
  waters, adjoining shorelines, and waters of the exclusive economic zone
  are subject to an Area Contingency Plan under that section.
  (B) Not later than 18 months after the date of the enactment of this Act,
  each Area Committee established under that section shall submit to the
  President the Area Contingency Plan required under that section.
  (C) Not later than 24 months after the date of the enactment of this Act,
  the President shall--
  (i) promptly review each plan;
  (ii) require amendments to any plan that does not meet the requirements
  of section 311(j)(4) of the Federal Water Pollution Control Act; and
  (iii) approve each plan that meets the requirements of that section.
  (2) NATIONAL RESPONSE UNIT- Not later than one year after the date of the
  enactment of this Act, the Secretary of the department in which the Coast
  Guard is operating shall establish a National Response Unit in accordance
  with section 311(j)(2) of the Federal Water Pollution Control Act, as
  amended by this Act.
  (3) COAST GUARD DISTRICT RESPONSE GROUPS- Not later than 1 year after
  the date of the enactment of this Act, the Secretary of the department in
  which the Coast Guard is operating shall establish Coast Guard District
  Response Groups in accordance with section 311(j)(3) of the Federal Water
  Pollution Control Act, as amended by this Act.
  (4) TANK VESSEL AND FACILITY RESPONSE PLANS; TRANSITION PROVISION; EFFECTIVE
  DATE OF PROHIBITION- (A) Not later than 24 months after the date of the
  enactment of this Act, the President shall issue regulations for tank
  vessel and facility response plans under section 311(j)(5) of the Federal
  Water Pollution Control Act, as amended by this Act.
  (B) During the period beginning 30 months after the date of the enactment
  of this paragraph and ending 36 months after that date of enactment, a tank
  vessel or facility for which a response plan is required to be prepared
  under section 311(j)(5) of the Federal Water Pollution Control Act, as
  amended by this Act, may not handle, store, or transport oil unless the
  owner or operator thereof has submitted such a plan to the President.
  (C) Subparagraph (E) of section 311(j)(5) of the Federal Water Pollution
  Control Act, as amended by this Act, shall take effect 36 months after
  the date of the enactment of this Act.
  (c) STATE LAW NOT PREEMPTED-  Section 311(o)(2) of the Federal Water
  Pollution Control Act (33 U.S.C. 1321(o)(2)) is amended by inserting before
  the period the following: `, or with respect to any removal activities
  related to such discharge'.
SEC. 4203. COAST GUARD VESSEL DESIGN.
  The Secretary shall ensure that vessels designed and constructed to replace
  Coast Guard buoy tenders are equipped with oil skimming systems that are
  readily available and operable, and that complement the primary mission
  of servicing aids to navigation.
SEC. 4204. DETERMINATION OF HARMFUL QUANTITIES OF OIL AND HAZARDOUS SUBSTANCES.
  Section 311(b)(4) of the Federal Water Pollution Control Act (33
  U.S.C. 1321(b)(4)) is amended by inserting `or the environment' after
  `the public health or welfare'.
SEC. 4205. COASTWISE OIL SPILL RESPONSE COOPERATIVES.
  Section 12106 of title 46, United States Code, is amended by adding at
  the end the following:
  `(d)(1) A vessel may be issued a certificate of documentation with a
  coastwise endorsement if--
  `(A) the vessel is owned by a not-for-profit oil spill response cooperative
  or by members of such a cooperative who dedicate the vessel to use by
  the cooperative;
  `(B) the vessel is at least 50 percent owned by persons or entities
  described in section 12102(a) of this title;
  `(C) the vessel otherwise qualifies under section 12106 to be employed in
  the coastwise trade; and
  `(D) use of the vessel is restricted to--
  `(i) the deployment of equipment, supplies, and personnel to recover,
  contain, or transport oil discharged into the navigable waters of the
  United States, or within the Exclusive Economic Zone, or
  `(ii) for training exercises to prepare to respond to such a discharge.
  `(2) For purposes of the first proviso of section 27 of the Merchant Marine
  Act, 1920, section 2 of the Shipping Act of 1916, and section 12102(a)
  of this title, a vessel meeting the criteria of this subsection shall be
  considered to be owned exclusively by citizens of the United States.'.
Subtitle C--Penalties and Miscellaneous
SEC. 4301. FEDERAL WATER POLLUTION CONTROL ACT PENALTIES.
  (a) NOTICE TO STATE AND FAILURE TO REPORT- Section 311(b)(5) of the Federal
  Water Pollution Control Act (33 U.S.C. 1321(b)(5)) is amended--
  (1) by inserting after the first sentence the following: `The Federal
  agency shall immediately notify the appropriate State agency of any State
  which is, or may reasonably be expected to be, affected by the discharge
  of oil or a hazardous substance.';
  (2) by striking `fined not more than $10,000, or imprisoned for not more
  than one year, or both' and inserting `fined in accordance with title 18,
  United States Code, or imprisoned for not more than 5 years, or both'; and
  (3) in the last sentence by--
  (A) striking `or information obtained by the exploitation of such
  notification'; and
  (B) inserting `natural' before `person'.
  (b) PENALTIES FOR DISCHARGES AND VIOLATIONS OF REGULATIONS- Section 311(b)
  of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)) is amended
  by striking paragraph (6) and inserting the following new paragraphs:
  `(6) ADMINISTRATIVE PENALTIES-
  `(A) VIOLATIONS- Any owner, operator, or person in charge of any vessel,
  onshore facility, or offshore facility--
  `(i) from which oil or a hazardous substance is discharged in violation
  of paragraph (3), or
  `(ii) who fails or refuses to comply with any regulation issued under
  subsection (j) to which that owner, operator, or person in charge is subject,
may be assessed a class I or class II civil penalty by the Secretary of the
department in which the Coast Guard is operating or the Administrator.
  `(B) CLASSES OF PENALTIES-
  `(i) CLASS I- The amount of a class I civil penalty under subparagraph
  (A) may not exceed $10,000 per violation, except that the maximum
  amount of any class I civil penalty under this subparagraph shall not
  exceed $25,000. Before assessing a civil penalty under this clause, the
  Administrator or Secretary, as the case may be, shall give to the person to
  be assessed such penalty written notice of the Administrator's or Secretary's
  proposal to assess the penalty and the opportunity to request, within 30
  days of the date the notice is received by such person, a hearing on the
  proposed penalty. Such hearing shall not be subject to section 554 or 556
  of title 5, United States Code, but shall provide a reasonable opportunity
  to be heard and to present evidence.
  `(ii) CLASS II- The amount of a class II civil penalty under subparagraph
  (A) may not exceed $10,000 per day for each day during which the violation
  continues; except that the maximum amount of any class II civil penalty
  under this subparagraph shall not exceed $125,000. Except as otherwise
  provided in this subsection, a class II civil penalty shall be assessed
  and collected in the same manner, and subject to the same provisions,
  as in the case of civil penalties assessed and collected after notice
  and opportunity for a hearing on the record in accordance with section
  554 of title 5, United States Code. The Administrator and Secretary may
  issue rules for discovery procedures for hearings under this paragraph.
  `(C) RIGHTS OF INTERESTED PERSONS-
  `(i) PUBLIC NOTICE- Before issuing an order assessing a class II civil
  penalty under this paragraph the Administrator or Secretary, as the case
  may be, shall provide public notice of and reasonable opportunity to
  comment on the proposed issuance of such order.
  `(ii) PRESENTATION OF EVIDENCE- Any person who comments on a proposed
  assessment of a class II civil penalty under this paragraph shall be given
  notice of any hearing held under this paragraph and of the order assessing
  such penalty. In any hearing held under this paragraph, such person shall
  have a reasonable opportunity to be heard and to present evidence.
  `(iii) RIGHTS OF INTERESTED PERSONS TO A HEARING- If no hearing is held
  under subparagraph (B) before issuance of an order assessing a class II
  civil penalty under this paragraph, any person who commented on the proposed
  assessment may petition, within 30 days after the issuance of such order,
  the Administrator or Secretary, as the case may be, to set aside such order
  and to provide a hearing on the penalty. If the evidence presented by the
  petitioner in support of the petition is material and was not considered in
  the issuance of the order, the Administrator or Secretary shall immediately
  set aside such order and provide a hearing in accordance with subparagraph
  (B)(ii). If the Administrator or Secretary denies a hearing under this
  clause, the Administrator or Secretary shall provide to the petitioner, and
  publish in the Federal Register, notice of and the reasons for such denial.
  `(D) FINALITY OF ORDER- An order assessing a class II civil penalty under
  this paragraph shall become final 30 days after its issuance unless a
  petition for judicial review is filed under subparagraph (G) or a hearing
  is requested under subparagraph (C)(iii). If such a hearing is denied,
  such order shall become final 30 days after such denial.
  `(E) EFFECT OF ORDER- Action taken by the Administrator or Secretary,
  as the case may be, under this paragraph shall not affect or limit the
  Administrator's or Secretary's authority to enforce any provision of this
  Act; except that any violation--
  `(i) with respect to which the Administrator or Secretary has commenced
  and is diligently prosecuting an action to assess a class II civil penalty
  under this paragraph, or
  `(ii) for which the Administrator or Secretary has issued a final order
  assessing a class II civil penalty not subject to further judicial review
  and the violator has paid a penalty assessed under this paragraph,
shall not be the subject of a civil penalty action under section 309(d),
309(g), or 505 of this Act or under paragraph (7).
  `(F) EFFECT OF ACTION ON COMPLIANCE- No action by the Administrator or
  Secretary under this paragraph shall affect any person's obligation to
  comply with any section of this Act.
  `(G) JUDICIAL REVIEW- Any person against whom a civil penalty is assessed
  under this paragraph or who commented on the proposed assessment of such
  penalty in accordance with subparagraph (C) may obtain review of such
  assessment--
  `(i) in the case of assessment of a class I civil penalty, in the United
  States District Court for the District of Columbia or in the district in
  which the violation is alleged to have occurred, or
  `(ii) in the case of assessment of a class II civil penalty, in United
  States Court of Appeals for the District of Columbia Circuit or for any
  other circuit in which such person resides or transacts business,
by filing a notice of appeal in such court within the 30-day period beginning
on the date the civil penalty order is issued and by simultaneously sending
a copy of such notice by certified mail to the Administrator or Secretary,
as the case may be, and the Attorney General. The Administrator or Secretary
shall promptly file in such court a certified copy of the record on which
the order was issued. Such court shall not set aside or remand such order
unless there is not substantial evidence in the record, taken as a whole,
to support the finding of a violation or unless the Administrator's or
Secretary's assessment of the penalty constitutes an abuse of discretion and
shall not impose additional civil penalties for the same violation unless
the Administrator's or Secretary's assessment of the penalty constitutes an
abuse of discretion.
  `(H) COLLECTION- If any person fails to pay an assessment of a civil
  penalty--
  `(i) after the assessment has become final, or
  `(ii) after a court in an action brought under subparagraph (G) has entered
  a final judgment in favor of the Administrator or Secretary, as the case
  may be,
the Administrator or Secretary shall request the Attorney General to bring a
civil action in an appropriate district court to recover the amount assessed
(plus interest at currently prevailing rates from the date of the final
order or the date of the final judgment, as the case may be). In such an
action, the validity, amount, and appropriateness of such penalty shall
not be subject to review. Any person who fails to pay on a timely basis
the amount of an assessment of a civil penalty as described in the first
sentence of this subparagraph shall be required to pay, in addition to such
amount and interest, attorneys fees and costs for collection proceedings and
a quarterly nonpayment penalty for each quarter during which such failure
to pay persists. Such nonpayment penalty shall be in an amount equal to 20
percent of the aggregate amount of such person's penalties and nonpayment
penalties which are unpaid as of the beginning of such quarter.
  `(I) SUBPOENAS- The Administrator or Secretary, as the case may be, may
  issue subpoenas for the attendance and testimony of witnesses and the
  production of relevant papers, books, or documents in connection with
  hearings under this paragraph. In case of contumacy or refusal to obey a
  subpoena issued pursuant to this subparagraph and served upon any person,
  the district court of the United States for any district in which such
  person is found, resides, or transacts business, upon application by the
  United States and after notice to such person, shall have jurisdiction to
  issue an order requiring such person to appear and give testimony before
  the administrative law judge or to appear and produce documents before the
  administrative law judge, or both, and any failure to obey such order of
  the court may be punished by such court as a contempt thereof.
  `(7) CIVIL PENALTY ACTION-
  `(A) DISCHARGE, GENERALLY- Any person who is the owner, operator, or person
  in charge of any vessel, onshore facility, or offshore facility from which
  oil or a hazardous substance is discharged in violation of paragraph (3),
  shall be subject to a civil penalty in an amount up to $25,000 per day of
  violation or an amount up to $1,000 per barrel of oil or unit of reportable
  quantity of hazardous substances discharged.
  `(B) FAILURE TO REMOVE OR COMPLY- Any person described in subparagraph
  (A) who, without sufficient cause--
  `(i) fails to properly carry out removal of the discharge under an order
  of the President pursuant to subsection (c); or
  `(ii) fails to comply with an order pursuant to subsection (e)(1)(B);
shall be subject to a civil penalty in an amount up to $25,000 per day of
violation or an amount up to 3 times the costs incurred by the Oil Spill
Liability Trust Fund as a result of such failure.
  `(C) FAILURE TO COMPLY WITH REGULATION- Any person who fails or refuses
  to comply with any regulation issued under subsection (j) shall be subject
  to a civil penalty in an amount up to $25,000 per day of violation.
  `(D) GROSS NEGLIGENCE- In any case in which a violation of paragraph (3)
  was the result of gross negligence or willful misconduct of a person
  described in subparagraph (A), the person shall be subject to a civil
  penalty of not less than $100,000, and not more than $3,000 per barrel of
  oil or unit of reportable quantity of hazardous substance discharged.
  `(E) JURISDICTION- An action to impose a civil penalty under this paragraph
  may be brought in the district court of the United States for the district
  in which the defendant is located, resides, or is doing business, and such
  court shall have jurisdiction to assess such penalty.
  `(F) LIMITATION- A person is not liable for a civil penalty under this
  paragraph for a discharge if the person has been assessed a civil penalty
  under paragraph (6) for the discharge.
  `(8) DETERMINATION OF AMOUNT- In determining the amount of a civil penalty
  under paragraphs (6) and (7), the Administrator, Secretary, or the court,
  as the case may be, shall consider the seriousness of the violation or
  violations, the economic benefit to the violator, if any, resulting from
  the violation, the degree of culpability involved, any other penalty for
  the same incident, any history of prior violations, the nature, extent, and
  degree of success of any efforts of the violator to minimize or mitigate
  the effects of the discharge, the economic impact of the penalty on the
  violator, and any other matters as justice may require.
  `(9) MITIGATION OF DAMAGE- In addition to establishing a penalty for
  the discharge of oil or a hazardous substance, the Administrator or the
  Secretary of the department in which the Coast Guard is operating may act
  to mitigate the damage to the public health or welfare caused by such
  discharge. The cost of such mitigation shall be deemed a cost incurred
  under subsection (c) of this section for the removal of such substance by
  the United States Government.
  `(10) RECOVERY OF REMOVAL COSTS- Any costs of removal incurred in connection
  with a discharge excluded by subsection (a)(2)(C) of this section shall
  be recoverable from the owner or operator of the source of the discharge
  in an action brought under section 309(b) of this Act.
  `(11) LIMITATION- Civil penalties shall not be assessed under both this
  section and section 309 for the same discharge.'.
  (c) CRIMINAL PENALTIES- Section 309(c) of the Federal Water Pollution
  Control Act (33 U.S.C. 1319(c)) is amended by inserting after `308,'
  each place it appears the following: `311(b)(3),'.
SEC. 4302. OTHER PENALTIES.
  (a) NEGLIGENT OPERATIONS- Section 2302 of title 46, United States Code,
  is amended--
  (1) in subsection (b) by striking `shall be fined not more than $5,000,
  imprisoned for not more than one year, or both.', and inserting `commits
  a class A misdemeanor.'; and
  (2) in subsection (c)--
  (A) by striking `, shall be' in the matter preceding paragraph (1);
  (B) by inserting `is' before `liable' in paragraph (1); and
  (C) by amending paragraph (2) to read as follows:
  `(2) commits a class A misdemeanor.'.
  (b) INSPECTIONS- Section 3318 of title 46, United States Code, is amended--
  (1) in subsection (b) by striking `shall be fined not more than $10,000,
  imprisoned for not more than 5 years, or both.' and inserting `commits a
  class D felony.';
  (2) in subsection (c) by striking `shall be fined not more than $5,000,
  imprisoned for not more than 5 years, or both.' and inserting `commits a
  class D felony.';
  (3) in subsection (d) by striking `shall be fined not more than $5,000,
  imprisoned for not more than 5 years, or both.' and inserting `commits a
  class D felony.';
  (4) in subsection (e) by striking `shall be fined not more than $10,000,
  imprisoned for not more than 2 years, or both.' and inserting `commits a
  class A misdemeanor.'; and
  (5) in the matter preceding paragraph (1) of subsection (f) by striking
  `shall be fined not less than $1,000 but not more than $10,000, and
  imprisoned for not less than 2 years but not more than 5 years,' and
  inserting `commits a class D felony.'.
  (c) CARRIAGE OF LIQUID BULK DANGEROUS CARGOES- Section 3718 of title 46,
  United States Code, is amended--
  (1) in subsection (b) by striking `shall be fined not more than $50,000,
  imprisoned for not more than 5 years, or both.' and inserting `commits a
  class D felony.'; and
  (2) in subsection (c) by striking `shall be fined not more than $100,000,
  imprisoned for not more than 10 years, or both.' and inserting `commits
  a class C felony.'.
  (d) LOAD LINES- Section 5116 of title 46, United States Code, is amended--
  (1) in subsection (d) by striking `shall be fined not more than $10,000,
  imprisoned for not more than one year, or both.' and inserting `commits
  a class A misdemeanor.'; and
  (2) in subsection (e) by striking `shall be fined not more than $10,000,
  imprisoned for not more than 2 years, or both.' and inserting `commits a
  class A misdemeanor.'.
  (e) COMPLEMENT OF INSPECTED VESSELS- Section 8101 of title 46, United
  States Code, is amended--
  (1) in subsection (e) by striking `$50' and inserting `$1,000';
  (2) in subsection (f) by striking `$100, or, for a deficiency of a licensed
  individual, a penalty of $500.' and inserting `$10,000.'; and
  (3) in subsection (g) by striking `$500.' and inserting `$10,000.'.
  (f) WATCHES- Section 8104 of title 46, United States Code, is amended--
  (1) in subsection (i) by striking `$100.' and inserting `$10,000.'; and
  (2) in subsection (j) by striking `$500.' and inserting `$10,000.'.
  (g) COASTWISE PILOTAGE- Section 8502 of title 46, United States Code,
  is amended--
  (1) in subsection (e) by striking `$500.' and inserting `$10,000.'; and
  (2) in subsection (f) by striking `$500.' and inserting `$10,000.'.
  (h) FOREIGN COMMERCE PILOTAGE- Section 8503(e) of title 46, United States
  Code, is amended by striking `shall be fined not more than $50,000,
  imprisoned for not more than five years, or both.' and inserting `commits
  a class D felony.'.
  (i) CREW REQUIREMENTS- Section 8702(e) of title 46, United States Code,
  is amended by striking `$500.' and inserting `$10,000.'.
  (j) PORTS AND WATERWAYS SAFETY ACT- Section 13(b) of the Port and Waterways
  Safety Act (33 U.S.C. 1232(b)) is amended--
  (1) in paragraph (1) by striking `shall be fined not more than $50,000 for
  each violation or imprisoned for not more than five years, or both.' and
  inserting `commits a class D felony.'; and
  (2) in paragraph (2) by striking `shall, in lieu of the penalties prescribed
  in paragraph (1), be fined not more than $100,000, or imprisoned for not
  more than 10 years, or both.' and inserting `commits a class C felony.'.
  (k) VESSEL NAVIGATION- Section 4 of the Act of April 28, 1908 (33
  U.S.C. 1236) is amended--
  (1) in subsection (b) by striking `$500.' and inserting `$5,000.';
  (2) in subsection (c) by striking `$500,' and inserting `$5,000,'; and
  (3) in subsection (d) by striking `$250.' and inserting `$2,500.'.
  (l) INTERVENTION ON THE HIGH SEAS ACT- Section 12(a) of the Intervention
  of the High Seas Act (33 U.S.C. 1481(a)) is amended--
  (1) in the matter preceding paragraph (1) by striking `Any person who'
  and inserting `A person commits a class A misdemeanor if that person'; and
  (2) in paragraph (3) by striking `, shall be fined not more than $10,000
  or imprisoned not more than one year, or both'.
  (m) DEEPWATER PORT ACT OF 1974- Section 15(a) of the Deepwater Port Act
  of 1974 (33 U.S.C. 1514(a)) is amended by striking `shall on conviction be
  fined not more than $25,000 for each day of violation or imprisoned for not
  more than 1 year, or both.' and inserting `commits a class A misdemeanor
  for each day of violation.'.
  (n) ACT TO PREVENT POLLUTION FROM SHIPS- Section 9(a) of the Act to Prevent
  Pollution from Ships (33 U.S.C. 1908(a)) is amended by striking `shall,
  for each violation, be fined not more than $50,000 or be imprisoned for
  not more than 5 years, or both.' and inserting `commits a class D felony.'.
SEC. 4303. FINANCIAL RESPONSIBILITY CIVIL PENALTIES.
  (a) ADMINISTRATIVE- Any person who, after notice and an opportunity for a
  hearing, is found to have failed to comply with the requirements of section
  1016 or the regulations issued under that section, or with a denial or
  detention order issued under subsection (c)(2) of that section, shall be
  liable to the United States for a civil penalty, not to exceed $25,000
  per day of violation. The amount of the civil penalty shall be assessed by
  the President by written notice. In determining the amount of the penalty,
  the President shall take into account the nature, circumstances, extent,
  and gravity of the violation, the degree of culpability, any history of
  prior violation, ability to pay, and such other matters as justice may
  require. The President may compromise, modify, or remit, with or without
  conditions, any civil penalty which is subject to imposition or which has
  been imposed under this paragraph. If any person fails to pay an assessed
  civil penalty after it has become final, the President may refer the matter
  to the Attorney General for collection.
  (b) JUDICIAL- In addition to, or in lieu of, assessing a penalty under
  subsection (a), the President may request the Attorney General to secure
  such relief as necessary to compel compliance with this section 1016,
  including a judicial order terminating operations. The district courts
  of the United States shall have jurisdiction to grant any relief as the
  public interest and the equities of the case may require.
SEC. 4304. DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND.
  Penalties paid pursuant to section 311 of the Federal Water Pollution Control
  Act, section 309(c) of that Act, as a result of violations of section 311
  of that Act, and the Deepwater Port Act of 1974, shall be deposited in the
  Oil Spill Liability Trust Fund created under section 9509 of the Internal
  Revenue Code of 1986 (26 U.S.C. 9509).
SEC. 4305. INSPECTION AND ENTRY.
  Section 311(m) of the Federal Water Pollution Control Act (33 U.S.C. 1321(m))
  is amended to read as follows:
  `(m) ADMINISTRATIVE PROVISIONS-
  `(1) FOR VESSELS- Anyone authorized by the President to enforce the
  provisions of this section with respect to any vessel may, except as to
  public vessels--
  `(A) board and inspect any vessel upon the navigable waters of the United
  States or the waters of the contiguous zone,
  `(B) with or without a warrant, arrest any person who in the presence or
  view of the authorized person violates the provisions of this section or
  any regulation issued thereunder, and
  `(C) execute any warrant or other process issued by an officer or court
  of competent jurisdiction.
  `(2) FOR FACILITIES-
  `(A) RECORDKEEPING- Whenever required to carry out the purposes of this
  section, the Administrator or the Secretary of the Department in which the
  Coast Guard is operating shall require the owner or operator of a facility to
  which this section applies to establish and maintain such records, make such
  reports, install, use, and maintain such monitoring equipment and methods,
  and provide such other information as the Administrator or Secretary,
  as the case may be, may require to carry out the objectives of this section.
  `(B) ENTRY AND INSPECTION- Whenever required to carry out the purposes
  of this section, the Administrator or the Secretary of the Department in
  which the Coast Guard is operating or an authorized representative of the
  Administrator or Secretary, upon presentation of appropriate credentials,
  may--
  `(i) enter and inspect any facility to which this section applies,
  including any facility at which any records are required to be maintained
  under subparagraph (A); and
  `(ii) at reasonable times, have access to and copy any records, take samples,
  and inspect any monitoring equipment or methods required under subparagraph
  (A).
  `(C) ARRESTS AND EXECUTION OF WARRANTS- Anyone authorized by the
  Administrator or the Secretary of the department in which the Coast Guard
  is operating to enforce the provisions of this section with respect to
  any facility may--
  `(i) with or without a warrant, arrest any person who violates the
  provisions of this section or any regulation issued thereunder in the
  presence or view of the person so authorized; and
  `(ii) execute any warrant or process issued by an officer or court of
  competent jurisdiction.
  `(D) PUBLIC ACCESS- Any records, reports, or information obtained under
  this paragraph shall be subject to the same public access and disclosure
  requirements which are applicable to records, reports, and information
  obtained pursuant to section 308.'.
SEC. 4306. CIVIL ENFORCEMENT UNDER FEDERAL WATER POLLUTION CONTROL ACT.
  Section 311(e) of the Federal Water Pollution Control Act (33 U.S.C. 1321)
  is amended to read as follows:
  `(e) CIVIL ENFORCEMENT-
  `(1) ORDERS PROTECTING PUBLIC HEALTH- In addition to any action taken by a
  State or local government, when the President determines that there may be
  an imminent and substantial threat to the public health or welfare of the
  United States, including fish, shellfish, and wildlife, public and private
  property, shorelines, beaches, habitat, and other living and nonliving
  natural resources under the jurisdiction or control of the United States,
  because of an actual or threatened discharge of oil or a hazardous substance
  from a vessel or facility in violation of subsection (b), the President may--
  `(A) require the Attorney General to secure any relief from any person,
  including the owner or operator of the vessel or facility, as may be
  necessary to abate such endangerment; or
  `(B) after notice to the affected State, take any other action under this
  section, including issuing administrative orders, that may be necessary
  to protect the public health and welfare.
  `(2) JURISDICTION OF DISTRICT COURTS- The district courts of the United
  States shall have jurisdiction to grant any relief under this subsection
  that the public interest and the equities of the case may require.'.
TITLE V--PRINCE WILLIAM SOUND PROVISIONS
SEC. 5001. OIL SPILL RECOVERY INSTITUTE.
  (a) ESTABLISHMENT OF INSTITUTE- The Secretary of Commerce shall provide
  for the establishment of a Prince William Sound Oil Spill Recovery
  Institute (hereinafter in this section referred to as the `Institute')
  to be administered by the Secretary of Commerce through the Prince William
  Sound Science and Technology Institute and located in Cordova, Alaska.
  (b) FUNCTIONS- The Institute shall conduct research and carry out educational
  and demonstration projects designed to--
  (1) identify and develop the best available techniques, equipment, and
  materials for dealing with oil spills in the arctic and subarctic marine
  environment; and
  (2) complement Federal and State damage assessment efforts and determine,
  document, assess, and understand the long-range effects of the EXXON VALDEZ
  oil spill on the natural resources of Prince William Sound and its adjacent
  waters (as generally depicted on the map entitled `EXXON VALDEZ oil spill
  dated March 1990'), and the environment, the economy, and the lifestyle and
  well-being of the people who are dependent on them, except that the Institute
  shall not conduct studies or make recommendations on any matter which is
  not directly related to the EXXON VALDEZ oil spill or the effects thereof.
  (c) ADVISORY BOARD-
  (1) IN GENERAL- The policies of the Institute shall be determined by an
  advisory board, composed of 18 members appointed as follows:
  (A) One representative appointed by each of the Commissioners of Fish
  and Game, Environmental Conservation, Natural Resources, and Commerce
  and Economic Development of the State of Alaska, all of whom shall be
  State employees.
  (B) One representative appointed by each of--
  (i) the Secretaries of Commerce, the Interior, Agriculture, Transportation,
  and the Navy; and
  (ii) the Administrator of the Environmental Protection Agency;
all of whom shall be Federal employees.
  (C) 4 representatives appointed by the Secretary of Commerce from among
  residents of communities in Alaska that were affected by the EXXON VALDEZ
  oil spill who are knowledgeable about fisheries, other local industries,
  the marine environment, wildlife, public health, safety, or education. At
  least 2 of the representatives shall be appointed from among residents of
  communities located in Prince William Sound. The Secretary shall appoint
  residents to serve terms of 2 years each, from a list of 8 qualified
  individuals to be submitted by the Governor of the State of Alaska based on
  recommendations made by the governing body of each affected community. Each
  affected community may submit the names of 2 qualified individuals for
  the Governor's consideration. No more than 5 of the 8 qualified persons
  recommended by  the Governor shall be members of the same political party.
  (D) 3 Alaska Natives who represent Native entities affected by the EXXON
  VALDEZ oil spill, at least one of whom represents an entity located in
  Prince William Sound, to serve terms of 2 years each from a list of 6
  qualified individuals submitted by the Alaska Federation of Natives.
  (E) One nonvoting representative of the Institute of Marine Science.
  (F) One nonvoting representative appointed by the Prince William Sound
  Science and Technology Institute.
  (2) CHAIRMAN- The representative of the Secretary of Commerce shall serve
  as Chairman of the Advisory Board.
  (3) POLICIES- Policies determined by the Advisory Board under this subsection
  shall include policies for the conduct and support, through contracts and
  grants awarded on a nationally competitive basis, of research, projects,
  and studies to be supported by the Institute in accordance with the purposes
  of this section.
  (d) SCIENTIFIC AND TECHNICAL COMMITTEE-
  (1) IN GENERAL- The Advisory Board shall establish a scientific and
  technical committee, composed of specialists in matters relating to oil spill
  containment and cleanup technology, arctic and subarctic marine ecology,
  and the living resources and socioeconomics of Prince William Sound and its
  adjacent waters, from the University of Alaska, the Institute of Marine
  Science, the Prince William Sound Science and Technology Institute, and
  elsewhere in the academic community.
  (2) FUNCTIONS- The Scientific and Technical Committee shall provide such
  advice to the Advisory Board as the Advisory Board shall request, including
  recommendations regarding the conduct and support of research, projects, and
  studies in accordance with the purposes of this section. The Advisory Board
  shall not request, and the Committee shall not provide, any advice which
  is not directly related to the EXXON VALDEZ oil spill or the effects thereof.
  (e) DIRECTOR- The Institute shall be administered by a Director appointed by
  the Secretary of Commerce. The Prince William Sound Science and Technology
  Institute, the Advisory Board, and the Scientific and Technical Committee
  may each submit independent recommendations for the Secretary's consideration
  for appointment as Director. The Director may hire such staff and incur such
  expenses on behalf of the Institute as are authorized by the Advisory Board.
  (f) EVALUATION- The Secretary of Commerce may conduct an ongoing evaluation
  of the activities of the Institute to ensure that funds received by the
  Institute are used in a manner consistent with this section.
  (g) AUDIT- The Comptroller General of the United States, and any of his
  or her duly authorized representatives, shall have access, for purposes
  of audit and examination, to any books, documents, papers, and records
  of the Institute and its administering agency that are pertinent to the
  funds received and expended by the Institute and its administering agency.
  (h) STATUS OF EMPLOYEES- Employees of the Institute shall not, by reason
  of such employment, be considered to be employees of the Federal Government
  for any purpose.
  (i) TERMINATION- The Institute shall terminate 10 years after the date of
  the enactment of this Act.
  (j) USE OF FUNDS- All funds authorized for the Institute shall be
  provided through the National Oceanic and Atmospheric Administration. No
  funds made available to carry out this section may be used to initiate
  litigation. No funds made available to carry out this section may be used
  for the acquisition of real property (including buildings) or construction
  of any building. No more than 20 percent of funds made available to carry
  out this section may be used to lease necessary facilities and to administer
  the Institute. None of the funds authorized by this section shall be used
  for any purpose other than the functions specified in subsection (b).
  (k) RESEARCH- The Institute shall publish and make available to any person
  upon request the results of all research, educational, and demonstration
  projects conducted by the Institute. The Administrator shall provide a
  copy of all research, educational, and demonstration projects conducted
  by the Institute to the National Oceanic and Atmospheric Administration.
  (l) DEFINITIONS- In this section, the term `Prince William Sound and its
  adjacent waters' means such sound and waters as generally depicted on the
  map entitled `EXXON VALDEZ oil spill dated March 1990'.
SEC. 5002. TERMINAL AND TANKER OVERSIGHT AND MONITORING.
  (a) SHORT TITLE AND FINDINGS-
  (1) SHORT TITLE- This section may be cited as the `Oil Terminal and Oil
  Tanker Environmental Oversight and Monitoring Act of 1990'.
  (2) FINDINGS- The Congress finds that--
  (A) the March 24, 1989, grounding and rupture of the fully loaded oil tanker,
  the EXXON VALDEZ, spilled 11 million gallons of crude oil in Prince William
  Sound, an environmentally sensitive area;
  (B) many people believe that complacency on the part of the industry
  and government personnel responsible for monitoring the operation of the
  Valdez terminal and vessel traffic in Prince William Sound was one of the
  contributing factors to the EXXON VALDEZ oil spill;
  (C) one way to combat this complacency is to involve local citizens in
  the process of preparing, adopting, and revising oil spill contingency plans;
  (D) a mechanism should be established which fosters the long-term partnership
  of industry, government, and local communities in overseeing compliance
  with environmental concerns in the operation of crude oil terminals;
  (E) such a mechanism presently exists at the Sullom Voe terminal in the
  Shetland Islands and this terminal should serve as a model for others;
  (F) because of the effective partnership that has developed at Sullom Voe,
  Sullom Voe is considered the safest terminal in Europe;
  (G) the present system of regulation and oversight of crude oil terminals
  in the United States has degenerated into a process of continual mistrust
  and confrontation;
  (H) only when local citizens are involved in the process will the trust
  develop that is necessary to change the present system from confrontation
  to consensus;
  (I) a pilot program patterned after Sullom Voe should be established in
  Alaska to further refine the concepts and relationships involved; and
  (J) similar programs should eventually be established in other major crude
  oil terminals in the United States because the recent oil spills in Texas,
  Delaware, and Rhode Island indicate that the safe transportation of crude
  oil is a national problem.
  (b) DEMONSTRATION PROGRAMS-
  (1) ESTABLISHMENT- There are established 2 Oil Terminal and Oil Tanker
  Environmental Oversight and Monitoring Demonstration Programs (hereinafter
  referred to as `Programs') to be carried out in the State of Alaska.
  (2) ADVISORY FUNCTION- The function of these Programs shall be advisory only.
  (3) PURPOSE- The Prince William Sound Program shall be responsible for
  environmental monitoring of the terminal facilities in Prince William Sound
  and the crude oil tankers operating in Prince William Sound. The Cook Inlet
  Program shall be responsible for environmental monitoring of the terminal
  facilities and crude oil tankers operating in Cook Inlet located South
  of the latitude at Point Possession and North of the latitude at Amatuli
  Island, including offshore facilities in Cook Inlet.
  (4) SUITS BARRED- No program, association, council, committee or other
  organization created by this section may sue any person or entity, public
  or private, concerning any matter arising under this section except for
  the performance of contracts.
  (c) OIL TERMINAL FACILITIES AND OIL TANKER OPERATIONS ASSOCIATION-
  (1) ESTABLISHMENT- There is established an Oil Terminal Facilities and Oil
  Tanker Operations Association (hereinafter in this section referred to as
  the `Association') for each of the Programs established under subsection (b).
  (2) MEMBERSHIP- Each Association shall be comprised of 4 individuals
  as follows:
  (A) One individual shall be designated by the owners and operators of the
  terminal facilities and shall represent those owners and operators.
  (B) One individual shall be designated by the owners and operators of the
  crude oil tankers calling at the terminal facilities and shall represent
  those owners and operators.
  (C) One individual shall be an employee of the State of Alaska, shall be
  designated by the Governor of the State of Alaska, and shall represent
  the State government.
  (D) One individual shall be an employee of the Federal Government, shall
  be designated by the President, and shall represent the Federal Government.
  (3) RESPONSIBILITIES- Each Association shall be responsible for reviewing
  policies relating to the operation and maintenance of the oil terminal
  facilities and crude oil tankers which affect or may affect the environment
  in the vicinity of their respective terminals. Each Association shall provide
  a forum among the owners and operators of the terminal facilities, the owners
  and operators of crude oil tankers calling at those facilities, the United
  States, and the State of Alaska to discuss and to make recommendations
  concerning all permits, plans, and site-specific regulations governing
  the activities and actions of the terminal facilities which affect or may
  affect the environment in the vicinity of the terminal facilities and of
  crude oil tankers calling at those facilities.
  (4) DESIGNATION OF EXISTING ORGANIZATION- The Secretary may designate an
  existing nonprofit organization as an Association under this subsection
  if the organization is organized to meet the purposes of this section and
  consists of at least the individuals listed in paragraph (2).
  (d) REGIONAL CITIZENS' ADVISORY COUNCILS-
  (1) MEMBERSHIP- There is established a Regional Citizens' Advisory Council
  (hereinafter in this section referred to as the `Council') for each of
  the programs established by subsection (b).
  (2) MEMBERSHIP- Each Council shall be composed of voting members and
  nonvoting members, as follows:
  (A) VOTING MEMBERS- Voting members shall be Alaska residents and, except
  as provided in clause (vii) of this paragraph, shall be appointed by the
  Governor of the State of Alaska from a list of nominees provided by each
  of the following interests, with one representative appointed to represent
  each of the following interests, taking into consideration the need for
  regional balance on the Council:
  (i) Local commercial fishing industry organizations, the members of which
  depend on the fisheries resources of the waters in the vicinity of the
  terminal facilities.
  (ii) Aquaculture associations in the vicinity of the terminal facilities.
  (iii) Alaska Native Corporations and other Alaska Native organizations
  the members of which reside in the vicinity of the terminal facilities.
  (iv) Environmental organizations the members of which reside in the vicinity
  of the terminal facilities.
  (v) Recreational organizations the members of which reside in or use the
  vicinity of the terminal facilities.
  (vi) The Alaska State Chamber of Commerce, to represent the locally based
  tourist industry.
  (vii)(I) For the Prince William Sound Terminal Facilities Council, one
  representative selected by each of the following municipalities: Cordova,
  Whittier, Seward, Valdez, Kodiak, the Kodiak Island Borough, and the Kenai
  Peninsula Borough.
  (II) For the Cook Inlet Terminal Facilities Council, one representative
  selected by each of the following municipalities: Homer, Seldovia, Anchorage,
  Kenai, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough.
  (B) NONVOTING MEMBERS- One ex-officio, nonvoting representative shall be
  designated by, and represent, each of the following:
  (i) The Environmental Protection Agency.
  (ii) The Coast Guard.
  (iii) The National Oceanic and Atmospheric Administration.
  (iv) The United States Forest Service.
  (v) The Bureau of Land Management.
  (vi) The Alaska Department of Environmental Conservation.
  (vii) The Alaska Department of Fish and Game.
  (viii) The Alaska Department of Natural Resources.
  (ix) The Division of Emergency Services, Alaska Department of Military
  and Veterans Affairs.
  (3) TERMS-
  (A) DURATION OF COUNCILS- The term of the Councils shall continue throughout
  the life of the operation of the Trans-Alaska Pipeline System and so long
  as oil is transported to or from Cook Inlet.
  (B) THREE YEARS- The voting members of each Council shall be appointed
  for a term of 3 years except as provided for in subparagraph (C).
  (C) INITIAL APPOINTMENTS- The terms of the first appointments shall be
  as follows:
  (i) For the appointments by the Governor of the State of Alaska, one-third
  shall serve for 3 years, one-third shall serve for 2 years, and one-third
  shall serve for one year.
  (ii) For the representatives of municipalities required by subsection
  (d)(2)(A)(vii), a drawing of lots among the appointees shall determine that
  one-third of that group serves for 3 years, one-third serves for 2 years,
  and the remainder serves for 1 year.
  (4) SELF-GOVERNING- Each Council shall elect its own chairperson, select
  its own staff, and make policies with regard to its internal operating
  procedures. After the initial organizational meeting called by the Secretary
  under subsection (i), each Council shall be self-governing.
  (5) DUAL MEMBERSHIP AND CONFLICTS OF INTEREST PROHIBITED- (A) No individual
  selected as a member of the Council shall serve on the Association.
  (B) No individual selected as a voting member of the Council shall be
  engaged in any activity which might conflict with such individual carrying
  out his functions as a member thereof.
  (6) DUTIES- Each Council shall--
  (A) provide advice and recommendations to the Association on policies,
  permits, and site-specific regulations relating to the operation and
  maintenance of terminal facilities and crude oil tankers which affect or
  may affect the environment in the vicinity of the terminal facilities;
  (B) monitor through the committee established under subsection (e), the
  environmental impacts of the operation of the terminal facilities and
  crude oil tankers;
  (C) monitor those aspects of terminal facilities' and crude oil tankers'
  operations and maintenance which affect or may affect the environment in
  the vicinity of the terminal facilities;
  (D) review through the committee established under subsection (f), the
  adequacy of oil spill prevention and contingency plans for the terminal
  facilities and the adequacy of oil spill prevention and contingency plans
  for crude oil tankers, operating in Prince William Sound or in Cook Inlet;
  (E) provide advice and recommendations to the Association on port operations,
  policies and practices;
  (F) recommend to the Association--
  (i) standards and stipulations for permits and site-specific regulations
  intended to minimize the impact of the terminal facilities' and crude oil
  tankers' operations in the vicinity of the terminal facilities;
  (ii) modifications of terminal facility operations and maintenance intended
  to minimize the risk and mitigate the impact of terminal facilities,
  operations in the vicinity of the terminal facilities and to minimize the
  risk of oil spills;
  (iii) modifications of crude oil tanker operations and maintenance in
  Prince William Sound and Cook Inlet intended to minimize the risk and
  mitigate the impact of oil spills; and
  (iv) modifications to the oil spill prevention and contingency plans for
  terminal facilities and for crude oil tankers in Prince William Sound and
  Cook Inlet intended to enhance the ability to prevent and respond to an
  oil spill; and
  (G) create additional committees of the Council as necessary to carry
  out the above functions, including a scientific and technical advisory
  committee to the Prince William Sound Council.
  (7) NO ESTOPPEL- No Council shall be held liable under State or Federal
  law for costs or damages as a result of rendering advice under this
  section. Nor shall any advice given by a voting member of a Council, or
  program representative or agent, be grounds for estopping the interests
  represented by the voting Council members from seeking damages or other
  appropriate relief.
  (8) SCIENTIFIC WORK- In carrying out its research, development and
  monitoring functions, each Council is authorized to conduct its own
  scientific research and shall review the scientific work undertaken by
  or on behalf of the terminal operators or crude oil tanker operators
  as a result of a legal requirement to undertake that work. Each Council
  shall also review the relevant scientific work undertaken by or on behalf
  of any government entity relating to the terminal facilities or crude
  oil tankers. To the extent possible, to avoid unnecessary duplication,
  each Council shall coordinate its independent scientific work with the
  scientific work performed by or on behalf of the terminal operators and
  with the scientific work performed by or on behalf of the operators of
  the crude oil tankers.
  (e) COMMITTEE FOR TERMINAL AND OIL TANKER OPERATIONS AND ENVIRONMENTAL
  MONITORING-
  (1) MONITORING COMMITTEE- Each Council shall establish a standing Terminal
  and Oil Tanker Operations and Environmental Monitoring Committee (hereinafter
  in this section referred to as the `Monitoring Committee') to devise and
  manage a comprehensive program of monitoring the environmental impacts
  of the operations of terminal facilities and of crude oil tankers while
  operating in Prince William Sound and Cook Inlet. The membership of the
  Monitoring Committee shall be made up of members of the Council, citizens,
  and recognized scientific experts selected by the Council.
  (2) DUTIES- In fulfilling its responsibilities, the Monitoring Committee
  shall--
  (A) advise the Council on a monitoring strategy that will permit early
  detection of environmental impacts of terminal facility operations and
  crude oil tanker operations while in Prince William Sound and Cook Inlet;
  (B) develop monitoring programs and make recommendations to the Council
  on the implementation of those programs;
  (C) at its discretion, select and contract with universities and other
  scientific institutions to carry out specific monitoring projects authorized
  by the Council pursuant to an approved monitoring strategy;
  (D) complete any other tasks assigned by the Council; and
  (E) provide written reports to the Council which interpret and assess the
  results of all monitoring programs.
  (f) COMMITTEE FOR OIL SPILL PREVENTION, SAFETY, AND  EMERGENCY RESPONSE-
  (1) TECHNICAL OIL SPILL COMMITTEE- Each Council shall establish a standing
  technical committee (hereinafter referred  to as `Oil Spill Committee') to
  review and assess measures designed to prevent oil spills and the planning
  and preparedness for responding to, containing, cleaning up, and mitigating
  impacts of oil spills. The membership of the Oil Spill Committee shall be
  made up of members of the Council, citizens,  and  recognized technical
  experts selected by the Council.
  (2) DUTIES- In fulfilling its responsibilities, the Oil Spill Committee
  shall--
  (A) periodically review the respective oil spill prevention and contingency
  plans for the terminal facilities and for the crude oil tankers while
  in Prince William Sound or Cook Inlet, in light of new technological
  developments and changed circumstances;
  (B) monitor periodic drills and testing of the oil spill contingency plans
  for the terminal facilities and for crude oil tankers while in Prince
  William Sound and Cook Inlet;
  (C) study wind and water currents and other environmental factors in the
  vicinity of the terminal facilities which may affect the ability to prevent,
  respond to, contain, and clean up an oil spill;
  (D) identify highly sensitive areas which may require specific protective
  measures in the event of a spill in Prince William Sound or Cook Inlet;
  (E) monitor developments in oil spill prevention, containment, response,
  and cleanup technology;
  (F) periodically review port organization, operations, incidents, and the
  adequacy and maintenance of vessel traffic service systems designed to
  assure safe transit of crude oil tankers pertinent to terminal operations;
  (G) periodically review the standards for tankers bound for, loading at,
  exiting from, or otherwise using the terminal facilities;
  (H) complete any other tasks assigned by the Council; and
  (I) provide written reports to the Council outlining its findings and
  recommendations.
  (g) AGENCY COOPERATION- On and after the expiration of the 180-day period
  following the date of the enactment of this section, each Federal department,
  agency, or other instrumentality shall, with respect to all permits,
  site-specific regulations, and other matters governing the activities and
  actions of the terminal facilities which affect or may affect the vicinity
  of the terminal facilities, consult with the appropriate Council prior
  to taking substantive action with respect to the permit, site-specific
  regulation, or other matter. This consultation shall be carried out with
  a view to enabling the appropriate Association and Council to review the
  permit, site-specific regulation, or other matters and make appropriate
  recommendations regarding operations, policy or agency actions. Prior
  consultation shall not be required if an authorized Federal agency
  representative reasonably believes that an emergency exists requiring
  action without delay.
  (h) RECOMMENDATIONS OF THE COUNCIL- In the event that the Association does
  not adopt, or significantly modifies before adoption, any recommendation
  of the Council made pursuant to the authority granted to the Council in
  subsection (d), the Association shall provide to the Council, in writing,
  within 5 days of its decision, notice of its decision and a written
  statement of reasons for its rejection or significant modification of
  the recommendation.
  (i) ADMINISTRATIVE ACTIONS- Appointments, designations, and selections of
  individuals to serve as members of the Associations and Councils under this
  section shall be submitted to the Secretary prior to the expiration of the
  120-day period following the date of the enactment of this section. On
  or before the expiration of the 180-day period following that date of
  enactment of this section, the Secretary shall call an initial meeting of
  each Association and Council for organizational purposes.
  (j) LOCATION AND COMPENSATION-
  (1) LOCATION- Each Association and Council established by this section
  shall be located in the State of Alaska.
  (2) COMPENSATION- No member of an Association or Council shall be compensated
  for the member's services as a member of the Association or Council, but
  shall be allowed travel expenses, including per diem in lieu of subsistence,
  at a rate established by the Association or Council not to exceed the rates
  authorized for employees of agencies under sections 5702 and 5703 of title
  5, United States Code. However, each Council may enter into contracts to
  provide compensation and expenses to members of the committees created
  under subsections (d), (e), and (f).
  (k) FUNDING-
  (1) REQUIREMENT- Approval of the contingency plans required of owners and
  operators of the Cook Inlet and Prince William Sound terminal facilities
  and crude oil tankers while operating in Alaskan waters in commerce with
  those terminal facilities shall be effective only so long as the respective
  Association and Council for a facility are funded pursuant to paragraph (2).
  (2) PRINCE WILLIAM SOUND PROGRAM- The owners or operators of terminal
  facilities or crude oil tankers operating in Prince William Sound shall
  provide, on an annual basis, an aggregate amount of not more than $2,000,000,
  as determined by the Secretary. Such amount--
  (A) shall provide for the establishment and operation on the environmental
  oversight and monitoring program in Prince William Sound;
  (B) shall be adjusted annually by the Anchorage Consumer Price Index; and
  (C) may be adjusted periodically upon the mutual consent of the owners or
  operators of terminal facilities or crude oil tankers operating in Prince
  William Sound and the Prince William Sound terminal facilities Council.
  (3) COOK INLET PROGRAM- The owners or operators of terminal facilities,
  offshore facilities, or crude oil tankers operating in Cook Inlet shall
  provide, on an annual basis, an aggregate amount of not more than $1,000,000,
  as determined by the Secretary. Such amount--
  (A) shall provide for the establishment and operation of the environmental
  oversight and monitoring program in Cook Inlet;
  (B) shall be adjusted annually by the Anchorage Consumer Price Index; and
  (C) may be adjusted periodically upon the mutual consent of the owners
  or operators of terminal facilities, offshore facilities, or crude oil
  tankers operating in Cook Inlet and the Cook Inlet Council.
  (l) REPORTS-
  (1) ASSOCIATIONS AND COUNCILS- Prior to the expiration of the 36-month
  period following the date of the enactment of this section, each Association
  and Council established by this section shall report to the President and
  the Congress concerning its activities under this section, together with
  its recommendations.
  (2) GAO- Prior to the expiration of the 36-month period following the date
  of the enactment of this section, the General Accounting Office shall
  report to the President and the Congress as to the handling of funds,
  including donated funds, by the entities carrying out the programs under
  this section, and the effectiveness of the demonstration programs carried
  out under this section, together with its recommendations.
  (m) DEFINITIONS- As used in this section, the term--
  (1) `terminal facilities' means--
  (A) in the case of the Prince William Sound Program, the entire oil terminal
  complex located in Valdez, Alaska, consisting of approximately 1,000 acres
  including all buildings, docks (except docks owned by the City of Valdez
  if those docks are not used for loading of crude oil), pipes, piping,
  roads, ponds, tanks, crude oil tankers only while at the terminal dock,
  tanker escorts owned or operated by the operator of the terminal, vehicles,
  and other facilities associated with, and necessary for, assisting tanker
  movement of crude oil into and out of the oil terminal complex; and
  (B) in the case of the Cook Inlet Program, the entire oil terminal complex
  including all buildings, docks, pipes, piping, roads, ponds, tanks,
  vessels, vehicles, crude oil tankers only while at the terminal dock,
  tanker escorts owned or operated by the operator of the terminal, emergency
  spill response vessels owned or operated by the operator of the terminal,
  and other facilities associated with, and necessary for, assisting tanker
  movement of crude oil into and out of the oil terminal complex;
  (2) `crude oil tanker' means a tanker (as that term is defined under
  section 2101 of title 46, United States Code)--
  (A) in the case of the Prince William Sound Program, calling at the terminal
  facilities for the purpose of receiving and transporting oil to refineries,
  operating north of Middleston Island and bound for or exiting from Prince
  William Sound; and
  (B) in the case of the Cook Inlet Program, calling at the terminal
  facilities for the purpose of receiving and transporting oil to refineries
  and operating in Cook Inlet and the Gulf of Alaska north of Amatuli Island,
  including tankers transiting to Cook Inlet from Prince William Sound;
  (3) `vicinity of the terminal facilities' means that geographical area
  surrounding the environment of terminal facilities which is directly affected
  or may be directly affected by the operation of the terminal facilities; and
  (4) `Secretary' means the Secretary of Transportation.
  (n) SAVINGS CLAUSE-
  (1) REGULATORY AUTHORITY- Nothing in this section shall be construed as
  modifying, repealing, superseding, or preempting any municipal, State or
  Federal law or regulation, or in any way affecting litigation arising from
  oil spills or the rights and responsibilities of the United States or the
  State of Alaska, or municipalities thereof, to preserve and protect the
  environment through regulation of land, air, and water uses, of safety,
  and of related development. The monitoring provided for by this section
  shall be designed to help assure compliance with applicable laws and
  regulations and shall only extend to activities--
  (A) that would affect or have the potential to affect the vicinity of the
  terminal facilities and the area of crude oil tanker operations included
  in the Programs; and
  (B) are subject to the United States or State of Alaska, or municipality
  thereof, law, regulation, or other legal requirement.
  (2) RECOMMENDATIONS- This subsection is not intended to prevent the
  Association or Council from recommending to appropriate authorities
  that existing legal requirements should be modified or that new legal
  requirements should be adopted.
  (o) ALTERNATIVE VOLUNTARY ADVISORY GROUP IN LIEU OF COUNCIL- The requirements
  of subsections (c) through (l), as such subsections apply respectively to
  the Prince William Sound Program and the Cook Inlet Program, are deemed
  to have been satisfied so long as the following conditions are met:
  (1) PRINCE WILLIAM SOUND- With respect to the Prince William Sound Program,
  the Alyeska Pipeline Service Company or any of its owner companies enters
  into a contract for the duration of the operation of the Trans-Alaska
  Pipeline System with the Alyeska Citizens Advisory Committee in existence
  on the date of enactment of this section, or a successor organization,
  to fund that Committee or organization on an annual basis in the amount
  provided for by subsection (k)(2)(A) and the President annually certifies
  that the Committee or organization fosters the general goals and purposes of
  this section and is broadly representative of the communities and interests
  in the vicinity of the terminal facilities and Prince William Sound.
  (2) COOK INLET- With respect to the Cook Inlet Program, the terminal
  facilities, offshore facilities, or crude oil tanker owners and operators
  enter into a contract with a voluntary advisory organization to fund that
  organization on an annual basis and the President annually certifies that
  the organization fosters the general goals and purposes of this section
  and is broadly representative of the communities and interests in the
  vicinity of the terminal facilities and Cook Inlet.
SEC. 5003. BLIGH REEF LIGHT.
  The Secretary of Transportation shall within one year after the date of
  the enactment of this title install and ensure operation of an automated
  navigation light on or adjacent to Bligh Reef in Prince William Sound,
  Alaska, of sufficient power and height to provide long-range warning of
  the location of Bligh Reef.
SEC. 5004. VESSEL TRAFFIC SERVICE SYSTEM.
  The Secretary of Transportation shall within one year after the date of
  the enactment of this title--
  (1) acquire, install, and operate such additional equipment (which may
  consist of radar, closed circuit television, satellite tracking systems, or
  other shipboard dependent surveillance), train and locate such personnel,
  and issue such final regulations as are necessary to increase the range
  of the existing VTS system in the Port of Valdez, Alaska, sufficiently
  to track the locations and movements of tank vessels carrying oil from
  the Trans-Alaska Pipeline when such vessels are transiting Prince William
  Sound, Alaska, and to sound an audible alarm when such tankers depart from
  designated navigation routes; and
  (2) submit to the Committee on Commerce, Science, and Transportation of the
  Senate and the Committee on Merchant Marine and Fisheries of the House of
  Representatives a report on the feasibility and desirability of instituting
  positive control of tank vessel movements in Prince William Sound by Coast
  Guard personnel using the Port of Valdez, Alaska, VTS system, as modified
  pursuant to paragraph (1).
SEC. 5005. EQUIPMENT AND PERSONNEL REQUIREMENTS UNDER TANK VESSEL AND FACILITY
RESPONSE PLANS.
  (a) IN GENERAL- In addition to the requirements for response plans for
  vessels established by section 311(j) of the Federal Water Pollution Control
  Act, as amended by this Act, a response plan for a tank vessel operating
  on Prince William Sound, or a facility permitted under the Trans-Alaska
  Pipeline Authorization Act (43 U.S.C. 1651 et seq.), shall provide for--
  (1) prepositioned oil spill containment and removal equipment in communities
  and other strategic locations within the geographic boundaries of Prince
  William Sound, including escort vessels with skimming capability; barges
  to receive recovered oil; heavy duty sea boom, pumping, transferring,
  and lightering equipment; and other appropriate removal equipment for the
  protection of the environment, including fish hatcheries;
  (2) the establishment of an oil spill removal organization at appropriate
  locations in Prince William Sound, consisting of trained personnel in
  sufficient numbers to immediately remove, to the maximum extent practicable,
  a worst case discharge or a discharge of 200,000 barrels of oil, whichever
  is greater;
  (3) training in oil removal techniques for local residents and individuals
  engaged in the cultivation or production of fish or fish products in Prince
  William Sound;
  (4) practice exercises not less than 2 times per year which test the
  capacity of the equipment and personnel required under this paragraph; and
  (5) periodic testing and certification of equipment required under this
  paragraph, as required by the Secretary.
  (b) DEFINITIONS- In this section--
  (1) the term `Prince William Sound' means all State and Federal waters
  within Prince William Sound, Alaska, including the approach to Hinchenbrook
  Entrance out to and encompassing Seal Rocks; and
  (2) the term `worst case discharge' means--
  (A) in the case of a vessel, a discharge in adverse weather conditions of
  its entire cargo; and
  (B) in the case of a facility, the largest foreseeable discharge in adverse
  weather conditions.
SEC. 5006. FUNDING.
  (a) SECTION 5001- Amounts in the Fund shall be available, subject to
  appropriations, and shall remain available until expended, to carry out
  section 5001 as follows:
  (1) $5,000,000 shall be available for the first fiscal year beginning
  after the date of enactment of this Act.
  (2) $2,000,000 shall be available for each of the 9 fiscal years following
  the fiscal year described in paragraph (1).
  (b) SECTIONS 5003 AND 5004- Amounts in the Fund shall be available, without
  further appropriations and without fiscal year limitation, to carry out
  sections 5003 and 5004, in an amount not to exceed $5,000,000.
SEC. 5007. LIMITATION.
  Notwithstanding any other law, tank vessels that have spilled more than
  1,000,000 gallons of oil into the marine environment after March 22, 1989,
  are prohibited from operating on the navigable waters of Prince William
  Sound, Alaska.
TITLE VI--MISCELLANEOUS
SEC. 6001. SAVINGS PROVISIONS.
  (a) CROSS-REFERENCES- A reference to a law replaced by this Act, including
  a reference in a regulation, order, or other law, is deemed to refer to
  the corresponding provision of this Act.
  (b) CONTINUATION OF REGULATIONS- An order, rule, or regulation in effect
  under a law replaced by this Act continues in effect under the corresponding
  provision of this Act until repealed, amended, or superseded.
  (c) RULE OF CONSTRUCTION- An inference of legislative construction shall
  not be drawn by reason of the caption or catch line of a provision enacted
  by this Act.
  (d) ACTIONS AND RIGHTS- Nothing in this Act shall apply to any rights and
  duties that matured, penalties that were incurred, and proceedings that
  were begun before the date of enactment of this Act, except as provided
  by this section, and shall be adjudicated pursuant to the law applicable
  on the date prior to the date of the enactment of this Act.
  (e) ADMIRALTY AND MARITIME LAW- Except as otherwise provided in this Act,
  this Act does not affect--
  (1) admiralty and maritime law; or
  (2) the jurisdiction of the district courts of the United States with
  respect to civil actions under admiralty and maritime jurisdiction, saving to
  suitors in all cases all other remedies to which they are otherwise entitled.
SEC. 6002. ANNUAL APPROPRIATIONS.
  (a) REQUIRED- Except as provided in subsection (b), amounts in the Fund
  shall be available only as provided in annual appropriation Acts.
  (b) EXCEPTIONS- Subsection (a) shall not apply to sections 1006(f),
  1012(a)(4), or 5006(b), and shall not apply to an amount not to exceed
  $50,000,000 in any fiscal year which the President may make available
  from the Fund to carry out section 311(c) of the Federal Water Pollution
  Control Act, as amended by this Act, and to initiate the assessment of
  natural resources damages required under section 1006. Sums to which this
  subsection applies shall remain available until expended.
SEC. 6003. OUTER BANKS PROTECTION.
  (a) SHORT TITLE- This section may be cited as the `Outer Banks Protection
  Act'.
  (b) FINDINGS- The Congress finds that--
  (1) the Outer Banks of North Carolina is an area of exceptional environmental
  fragility and beauty;
  (2) the annual economic benefits of commercial and recreational fishing
  activities to North Carolina, which could be adversely affected by oil or
  gas development offshore the State's coast, exceeds $1,000,000,000;
  (3) the major industry in coastal North Carolina is tourism, which is subject
  to potentially significant disruption by offshore oil or gas development;
  (4) the physical oceanographic characteristics of the area offshore North
  Carolina between Cape Hatteras and the mouth of the Chesapeake Bay are not
  well understood, being affected by Gulf Stream western boundary perturbations
  and accompanying warm filaments, warm and cold core rings which separate
  from the Gulf Stream, wind stress, outflow from the Chesapeake Bay, Gulf
  Stream meanders, and intrusions of Virginia coastal waters around and over
  the Diamond shoals;
  (5) diverse and abundant fisheries resources occur in the western boundary
  area of the Gulf Stream offshore North Carolina, but little is understood
  of the complex ecological relationships between the life histories of
  those species and their physical, chemical, and biological environment;
  (6) the environmental impact statements prepared for Outer Continental
  Shelf lease sales numbered 56 (1981) and 78 (1983) contain insufficient and
  outdated environmental information from which to make decisions on approval
  of additional oil and gas leasing, exploration, and development activities;
  (7) the draft environmental report, dated November 1, 1989, and the
  preliminary final environmental report dated June 1, 1990, prepared pursuant
  to a July 14, 1989 memorandum of understanding between the State of North
  Carolina, the Department of the Interior, and the Mobil Oil Company, have
  not allayed concerns about the adequacy of the environmental information
  available to determine whether to proceed with additional offshore leasing,
  exploration, or development offshore North Carolina; and
  (8) the National Research Council report entitled `The Adequacy of
  Environmental Information for Outer Continental Shelf Oil and Gas Decisions:
  Florida and California', issued in 1989, concluded that--
  (A) information with respect to those States, which have received greater
  scrutiny than has North Carolina, is inadequate; and
  (B) there are serious generic defects in the Minerals Management Service's
  methods of environmental analysis,
reinforcing concerns about the adequacy of the scientific and technical
information which are the basis for a decision to lease additional tracts or
approve an exploration plan offshore North Carolina, especially with respect
to oceanographic, ecological, and socioeconomic information.
  (c) PROHIBITION OF OIL AND GAS LEASING, EXPLORATION, AND DEVELOPMENT-
  (1) PROHIBITION- The Secretary of the Interior shall not--
  (A) conduct a lease sale;
  (B) issue any new leases;
  (C) approve any exploration plan;
  (D) approve any development and production plan;
  (E) approve any application for permit to drill; or
  (F) permit any drilling,
for oil or gas under the Outer Continental Shelf Lands Act on any lands of
the Outer Continental Shelf offshore North Carolina.
  (2) BOUNDARIES- For purposes of paragraph (1), the term `offshore North
  Carolina' means the area within the lateral seaward boundaries between
  areas offshore North Carolina and areas offshore--
  (A) Virginia as provided in the joint resolution entitled `Joint resolution
  granting the consent of Congress to an agreement between the States of
  North Carolina and Virginia establishing their lateral seaward boundary'
  approved October 27, 1972 (86 Stat. 1298); and
  (B) South Carolina as provided in the Act entitled `An Act granting the
  consent of Congress to the agreement between the States of North Carolina
  and South Carolina establishing their lateral seaward boundary' approved
  October 9, 1981 (95 Stat. 988).
  (3) DURATION OF PROHIBITION-
  (A) IN GENERAL- The prohibition under paragraph (1) shall remain in effect
  until the later of--
  (i) October 1, 1991; or
  (ii) 45 days of continuous session of the Congress after submission of a
  written report to the Congress by the Secretary of the Interior, made after
  consideration of the findings and recommendations of the Environmental
  Sciences Review Panel under subsection (e)--
  (I) certifying that the information available, including information acquired
  pursuant to subsection (d), is sufficient to enable the Secretary to carry
  out his responsibilities under the Outer Continental Shelf Lands Act with
  respect to authorizing the activities described in paragraph (1); and
  (II) including a detailed explanation of any differences between such
  certification and the findings and recommendations of the Environmental
  Sciences Review Panel under subsection (e), and a detailed justification
  of each such difference.
  (B) CONTINUOUS SESSION OF CONGRESS- In computing any 45-day period of
  continuous session of Congress under subparagraph (A)(ii)--
  (i) continuity of session is broken only by an adjournment of the Congress
  sine die; and
  (ii) the days on which either House of Congress is not in session because
  of an adjournment of more than 3 days to a day certain are excluded.
  (d) ADDITIONAL ENVIRONMENTAL INFORMATION- The Secretary of the Interior
  shall undertake ecological and socioeconomic studies, additional physical
  oceanographic studies, including actual field work and the correlation
  of existing data, and other additional environmental studies, to obtain
  sufficient information about all significant conditions, processes, and
  environments which influence, or may be influenced by, oil and gas leasing,
  exploration, and development activities offshore North Carolina to enable
  the Secretary to carry out his responsibilities under the Outer Continental
  Shelf Lands Act with respect to authorizing the activities described in
  subsection (c)(1). During the time that the Environmental Sciences Review
  Panel established under subsection (e) is in existence, the Secretary of
  the Interior shall consult with such Panel in carrying out this subsection.
  (e) ENVIRONMENTAL SCIENCES REVIEW PANEL-
  (1) ESTABLISHMENT AND MEMBERSHIP- There shall be established an Environmental
  Sciences Review Panel, to consist of--
  (A) 1 marine scientist selected by the Secretary of the Interior;
  (B) 1 marine scientist selected by the Governor of North Carolina; and
  (C) 1 person each from the disciplines of physical oceanography, ecology,
  and social science, to be selected jointly by the Secretary of the Interior
  and the Governor of North Carolina from a list of individuals nominated
  by the National Academy of Sciences.
  (2) FUNCTIONS- Not later than 6 months after the date of the enactment of
  this Act, the Environmental Sciences Review Panel shall--
  (A) prepare and submit to the Secretary of the Interior findings and
  recommendations--
  (i) assessing the adequacy of available physical oceanographic, ecological,
  and socioeconomic information in enabling the Secretary to carry out his
  responsibilities under the Outer Continental Shelf Lands Act with respect
  to authorizing the activities described in subsection (c)(1); and
  (ii) if such available information is not adequate for such purposes,
  indicating what additional information is required to enable the Secretary
  to carry out such responsibilities; and
  (B) consult with the Secretary of the Interior as provided in subsection (d).
  (3) EXPENSES- Each member of the Environmental Sciences Review Panel shall
  be reimbursed for actual travel expenses and shall receive per diem in
  lieu of subsistence for each day such member is engaged in the business
  of the Environmental Sciences Review Panel.
  (4) TERMINATION- The Environmental Sciences Review Panel shall be terminated
  after the submission of all findings and recommendations required under
  paragraph (2)(A).
  (f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary of the Interior to carry out this section not to exceed
  $500,000 for fiscal year 1991, to remain available until expended.
SEC. 6004. COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-BEARING AREAS.
  (a) AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT- Section 5 of the Outer
  Continental Shelf Lands Act, as amended (43 U.S.C. 1334), is amended by
  adding a new subsection (j) as follows:
  `(j) COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-BEARING AREAS-
  `(1) FINDINGS-
  `(A) The Congress of the United States finds that the unrestrained
  competitive production of hydrocarbons from a common hydrocarbon-bearing
  geological area underlying the Federal and State boundary may result in
  a number of harmful national effects, including--
  `(i) the drilling of unnecessary wells, the installation of unnecessary
  facilities and other imprudent operating practices that result in economic
  waste, environmental damage, and damage to life and property;
  `(ii) the physical waste of hydrocarbons and an unnecessary reduction in the
  amounts of hydrocarbons that can be produced from certain hydrocarbon-bearing
  areas; and
  `(iii) the loss of correlative rights which can result in the reduced
  value of national hydrocarbon resources and disorders in the leasing of
  Federal and State resources.
  `(2) PREVENTION OF HARMFUL EFFECTS- The Secretary shall prevent, through
  the cooperative development of an area, the harmful effects of unrestrained
  competitive production of hydrocarbons from a common hydrocarbon-bearing
  area underlying the Federal and State boundary.'.
  (b) EXCEPTION FOR WEST DELTA FIELD- Section 5(j) of the Outer Continental
  Shelf Lands Act, as added by this section, shall not be applicable with
  respect to Blocks 17 and 18 of the West Delta Field offshore Louisiana.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are hereby authorized to be
  appropriated such sums as may be necessary to provide compensation, including
  interest, to the State of Louisiana and its lessees, for net drainage of
  oil and gas resources as determined in the Third Party Factfinder Louisiana
  Boundary Study dated March 21, 1989. For purposes of this section, such
  lessees shall include those persons with an ownership interest in State
  of Louisiana leases SL10087, SL10088 or SL10187, or ownership interests
  in the production or proceeds therefrom, as established by assignment,
  contract or otherwise. Interest shall be computed for the period March 21,
  1989 until the date of payment.
TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
  (a) INTERAGENCY COORDINATING COMMITTEE ON OIL POLLUTION RESEARCH-
  (1) ESTABLISHMENT- There is established an Interagency Coordinating Committee
  on Oil Pollution Research (hereinafter in this section referred to as the
  `Interagency Committee').
  (2) PURPOSES- The Interagency 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, and other nations,
  as appropriate, and shall foster cost-effective research mechanisms,
  including the joint funding of research.
  (3) MEMBERSHIP- The Interagency Committee shall include representatives from
  the Department of Commerce (including the National Oceanic and Atmospheric
  Administration and the National Institute of Standards and Technology),
  the Department of Energy, the Department of the Interior (including
  the Minerals Management Service and the United States Fish and Wildlife
  Service), the Department of Transportation (including the United States
  Coast Guard, the Maritime Administration, and the Research and Special
  Projects Administration), the Department of Defense (including the Army
  Corps of Engineers and the Navy), the Environmental Protection Agency,
  the National Aeronautics and Space Administration, and the United States
  Fire Administration in the Federal Emergency Management Agency, as well
  as such other Federal agencies as the President may designate.
A representative of the Department of Transportation shall serve as Chairman.
  (b) OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN-
  (1) IMPLEMENTATION PLAN- Within 180 days after the date of enactment of
  this Act, the Interagency Committee shall submit to Congress a plan for the
  implementation of the oil pollution research, development, and demonstration
  program established pursuant to subsection (c). The research plan shall--
  (A) identify agency roles and responsibilities;
  (B) assess the current status of knowledge on oil pollution prevention,
  response, and mitigation technologies and effects of oil pollution on
  the environment;
  (C) identify significant oil pollution research gaps including an assessment
  of major technological deficiencies in responses to past oil discharges;
  (D) establish research priorities and goals for oil pollution technology
  development related to prevention, response, mitigation, and environmental
  effects;
  (E) estimate the resources needed to conduct the oil pollution research and
  development program established pursuant to subsection (c), and timetables
  for completing research tasks; and
  (F) identify, in consultation with the States, regional oil pollution
  research needs and priorities for a coordinated, multidisciplinary program
  of research at the regional level.
  (2) ADVICE AND GUIDANCE- The Chairman, through the Department of
  Transportation, shall contract with the National Academy of Sciences to--
  (A) provide advice and guidance in the preparation and development of the
  research plan; and
  (B) assess the adequacy of the plan as submitted, and submit a report to
  Congress on the conclusions of such assessment.
The National Institute of Standards and Technology shall provide the
Interagency Committee with advice and guidance on issues relating to quality
assurance and standards measurements relating to its activities under this
section.
  (c) OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM-
  (1) ESTABLISHMENT- The Interagency Committee shall coordinate the
  establishment, by the agencies represented on the Interagency Committee,
  of a program for conducting oil pollution research and development, as
  provided in this subsection.
  (2) INNOVATIVE OIL POLLUTION TECHNOLOGY- The program established under this
  subsection shall provide for research, development, and demonstration of
  new or improved technologies which are effective in preventing or mitigating
  oil discharges and which protect the environment, including--
  (A) development of improved designs for vessels and facilities, and improved
  operational practices;
  (B) research, development, and demonstration of improved technologies to
  measure the ullage of a vessel tank, prevent discharges from tank vents,
  prevent discharges during lightering and bunkering operations, contain
  discharges on the deck of a vessel, prevent discharges through the use
  of vacuums in tanks, and otherwise contain discharges of oil from vessels
  and facilities;
  (C) research, development, and demonstration of new or improved systems
  of mechanical, chemical, biological, and other methods (including the use
  of dispersants, solvents, and bioremediation) for the recovery, removal,
  and disposal of oil, including evaluation of the environmental effects of
  the use of such systems;
  (D) research and training, in consultation with the National Response Team,
  to improve industry's and Government's ability to quickly and effectively
  remove an oil discharge, including the long-term use, as appropriate,
  of the National Spill Control School in Corpus Christi, Texas;
  (E) research to improve information systems for decisionmaking, including
  the use of data from coastal mapping, baseline data, and other data related
  to the environmental effects of oil discharges, and cleanup technologies;
  (F) development of technologies and methods to protect public health and
  safety from oil discharges, including the population directly exposed to
  an oil discharge;
  (G) development of technologies, methods, and standards for protecting
  removal personnel, including training, adequate supervision, protective
  equipment, maximum exposure limits, and decontamination procedures;
  (H) research and development of methods to restore and rehabilitate natural
  resources damaged by oil discharges;
  (I) research to evaluate the relative effectiveness and environmental
  impacts of bioremediation technologies; and
  (J) the demonstration of a satellite-based, dependent surveillance vessel
  traffic system in Narragansett Bay to evaluate the utility of such system
  in reducing the risk of oil discharges from vessel collisions and groundings
  in confined waters.
  (3) OIL POLLUTION TECHNOLOGY EVALUATION- The program established under
  this subsection shall provide for oil pollution prevention and mitigation
  technology evaluation including--
  (A) the evaluation and testing of technologies developed independently of
  the research and development program established under this subsection;
  (B) the establishment, where appropriate, of standards and testing protocols
  traceable to national standards to measure the performance of oil pollution
  prevention or mitigation technologies; and
  (C) the use, where appropriate, of controlled field testing to evaluate
  real-world application of oil discharge prevention or mitigation
  technologies.
  (4) OIL POLLUTION EFFECTS RESEARCH- (A) The Committee shall establish a
  research program to monitor and evaluate the environmental effects of oil
  discharges. Such program shall include the following elements:
  (i) The development of improved models and capabilities for predicting
  the environmental fate, transport, and effects of oil discharges.
  (ii) The development of methods, including economic methods, to assess
  damages to natural resources resulting from oil discharges.
  (iii) The identification of types of ecologically sensitive areas at
  particular risk to oil discharges and the preparation of scientific
  monitoring and evaluation plans, one for each of several types of ecological
  conditions, to be implemented in the event of major oil discharges in
  such areas.
  (iv) The collection of environmental baseline data in ecologically sensitive
  areas at particular risk to oil discharges where such data are insufficient.
  (B) The Department of Commerce in consultation with the Environmental
  Protection Agency shall monitor and scientifically evaluate the long-term
  environmental effects of oil discharges if--
  (i) the amount of oil discharged exceeds 250,000 gallons;
  (ii) the oil discharge has occurred on or after January 1, 1989; and
  (iii) the Interagency Committee determines that a study of the long-term
  environmental effects of the discharge would be of significant scientific
  value, especially for preventing or responding to future oil discharges.
Areas for study may include the following sites where oil discharges have
occurred: the New York/New Jersey Harbor area, where oil was discharged by an
Exxon underwater pipeline, the T/B CIBRO SAVANNAH, and the M/V BT NAUTILUS;
Narragansett Bay where oil was discharged by the WORLD PRODIGY; the Houston
Ship Channel where oil was discharged by the RACHEL B; the Delaware River,
where oil was discharged by the PRESIDENTE RIVERA, and Huntington Beach,
California, where oil was discharged by the AMERICAN TRADER.
  (C) Research conducted under this paragraph by, or through, the United
  States Fish and Wildlife Service shall be directed and coordinated by the
  National Wetland Research Center.
  (5) MARINE SIMULATION RESEARCH- The program established under this
  subsection shall include research on the greater use and application of
  geographic and vessel response simulation models, including the development
  of additional data bases and updating of existing data bases using, among
  others, the resources of the National Maritime Research Center. It shall
  include research and vessel simulations for--
  (A) contingency plan evaluation and amendment;
  (B) removal and strike team training;
  (C) tank vessel personnel training; and
  (D) those geographic areas where there is a significant likelihood of a
  major oil discharge.
  (6) DEMONSTRATION PROJECTS- The United States Coast Guard, in conjunction
  with other such agencies in the Department of Transportation as the
  Secretary of Transportation may designate, shall conduct 3 port oil pollution
  minimization demonstration projects, one each with (A) the Port Authority
  of New York and New Jersey, (B) the Ports of Los Angeles and Long Beach,
  California, and (C) the Port of New Orleans, Louisiana, for the purpose of
  developing and demonstrating integrated port oil pollution prevention and
  cleanup systems which utilize the information and implement the improved
  practices and technologies developed from the research, development,
  and demonstration program established in this section. Such systems shall
  utilize improved technologies and management practices for reducing the
  risk of oil discharges, including, as appropriate, improved data access,
  computerized tracking of oil shipments, improved vessel tracking and
  navigation systems, advanced technology to monitor pipeline and tank
  conditions, improved oil spill response capability, improved capability
  to predict the flow and effects of oil discharges in both the inner and
  outer harbor areas for the purposes of making infrastructure decisions,
  and such other activities necessary to achieve the purposes of this section.
  (7) SIMULATED ENVIRONMENTAL TESTING- Agencies represented on the Interagency
  Committee shall ensure the long-term use and operation of the Oil and
  Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research
  Center in New Jersey for oil pollution technology testing and evaluations.
  (8) REGIONAL RESEARCH PROGRAM- (A) Consistent with the research plan in
  subsection (b), the Interagency Committee shall coordinate a program
  of competitive grants to universities or other research institutions,
  or groups of universities or research institutions, for the purposes of
  conducting a coordinated research program related to the regional aspects of
  oil pollution, such as prevention, removal, mitigation, and the effects of
  discharged oil on regional environments. For the purposes of this paragraph,
  a region means a Coast Guard district as set out in part 3 of title 33,
  Code of Federal Regulations (1989).
  (B) The Interagency Committee shall coordinate the publication by the
  agencies represented on the Interagency Committee of a solicitation
  for grants under this subsection. The application shall be in such
  form and contain such information as may be required in the published
  solicitation. The applications shall be reviewed by the Interagency
  Committee, which shall make recommendations to the appropriate granting
  agency represented on the Interagency Committee for awarding the grant. The
  granting agency shall award the grants recommended by the Interagency
  Committee unless the agency decides not to award the grant due to budgetary
  or other compelling considerations and publishes its reasons for such a
  determination in the Federal Register. No grants may be made by any agency
  from any funds authorized for this paragraph unless such grant award has
  first been recommended by the Interagency Committee.
  (C) Any university or other research institution, or group of universities
  or research institutions, may apply for a grant for the regional research
  program established by this paragraph. The applicant must be located in
  the region, or in a State a part of which is in the region, for which the
  project is proposed as part of the regional research program. With respect
  to a group application, the entity or entities which will carry out the
  substantial portion of the proposed research must be located in the region,
  or in a State a part of which is in the region, for which the project is
  proposed as part of the regional research program.
  (D) The Interagency Committee shall make recommendations on grants in such
  a manner as to ensure an appropriate balance within a region among the
  various aspects of oil pollution research, including prevention, removal,
  mitigation, and the effects of discharged oil on regional environments. In
  addition, the Interagency Committee shall make recommendations for grants
  based on the following criteria:
  (i) There is available to the applicant for carrying out this paragraph
  demonstrated research resources.
  (ii) The applicant demonstrates the capability of making a significant
  contribution to regional research needs.
  (iii) The projects which the applicant proposes to carry out under the
  grant are consistent with the research plan under subsection (b)(1)(F)
  and would further the objectives of the research and development program
  established in this section.
  (E) Grants provided under this paragraph shall be for a period up to 3
  years, subject to annual review by the granting agency, and provide not
  more than 80 percent of the costs of the research activities carried out
  in connection with the grant.
  (F) No funds made available to carry out this subsection may be used for
  the acquisition of real property (including buildings) or construction of
  any building.
  (G) Nothing in this paragraph is intended to alter or abridge the authority
  under existing law of any Federal agency to make grants, or enter into
  contracts or cooperative agreements, using funds other than those authorized
  in this Act for the purposes of carrying out this paragraph.
  (9) FUNDING- For each of the fiscal years 1991, 1992, 1993, 1994, and 1995,
  $6,000,000 of amounts in the Fund shall be available to carry out the
  regional research program in paragraph (8), such amounts to be available
  in equal amounts for the regional research program in each region; except
  that if the agencies represented on the Interagency Committee determine
  that regional research needs exist which cannot be addressed within such
  funding limits, such agencies may use their authority under paragraph
  (10) to make additional grants to meet such needs. For the purposes of
  this paragraph, the research program carried out by the Prince William
  Sound Oil Spill Recovery Institute established under section 5001, shall
  not be eligible to receive grants under this paragraph.
  (10) GRANTS- In carrying out the research and development program established
  under this subsection, the agencies represented on the Interagency Committee
  may enter into contracts and cooperative agreements and make grants to
  universities, research institutions, and other persons. Such contracts,
  cooperative agreements, and grants shall address research and technology
  priorities set forth in the oil pollution research plan under subsection (b).
  (11) In carrying out research under this section, the Department of
  Transportation shall continue to utilize the resources of the Research
  and Special Programs Administration of the Department of Transportation,
  to the maximum extent practicable.
  (d) INTERNATIONAL COOPERATION- In accordance with the research plan
  submitted under subsection (b), the Interagency Committee shall coordinate
  and cooperate with other nations and foreign research entities in conducting
  oil pollution research, development, and demonstration activities, including
  controlled field tests of oil discharges.
  (e) BIENNIAL REPORTS- The Chairman of the Interagency Committee shall
  submit to Congress every 2 years on October 30 a report on the activities
  carried out under this section in the preceding 2 fiscal years, and on
  activities proposed to be carried out under this section in the current
  2 fiscal year period.
  (f) FUNDING- Not to exceed $21,250,000 of amounts in the Fund shall
  be available annually to carry out this section except for subsection
  (c)(8). Of such sums--
  (1) funds authorized to be appropriated to carry out the activities under
  subsection (c)(4) shall not exceed $5,000,000 for fiscal year 1991 or
  $3,500,000 for any subsequent fiscal year; and
  (2) not less than $2,250,000 shall be available for carrying out the
  activities in subsection (c)(6) for fiscal years 1992, 1993, 1994, and 1995.
All activities authorized in this section, including subsection (c)(8),
are subject to appropriations.
TITLE VIII--TRANS-ALASKA PIPELINE SYSTEM
SEC. 8001. SHORT TITLE.
  This title may be cited as the `Trans-Alaska Pipeline System Reform Act
  of 1990'.
Subtitle A--Improvements to Trans-Alaska Pipeline System
SEC. 8101. LIABILITY WITHIN THE STATE OF ALASKA AND CLEANUP EFFORTS.
  (a) CAUSE OF ACCIDENT- Section 204(a)(1) of the Trans-Alaska Pipeline
  Authorization Act (43 U.S.C. 1653(a)(1)) is amended by striking out `caused
  by' in the first sentence and inserting in lieu thereof `caused solely by'.
  (b) LIMITATION OF LIABILITY- Section 204(a)(2) of the Trans-Alaska Pipeline
  Authorization Act (43 U.S.C. 1653(a)(2)) is amended by striking `$50,000,000'
  each place it occurs and inserting in lieu thereof `$350,000,000'.
  (c) CLEANUP EFFORTS- Section 204(b) of the Trans-Alaska Pipeline
  Authorization Act (43 U.S.C. 1653(b)) is amended in the first sentence--
  (1) by inserting after `any area' the following: `in the State of Alaska';
  (2) by inserting after `any activities' the following: `related to the
  Trans-Alaska Pipeline System, including operation of the terminal,'; and
  (3) by inserting after `other Federal' the first place it appears the
  following: `or State'.
SEC. 8102. TRANS-ALASKA PIPELINE LIABILITY FUND.
  (a) TERMINATION OF CERTAIN PROVISIONS-
  (1) REPEAL- Section 204(c) of the Trans-Alaska Pipeline Authorization Act
  (43 U.S.C. 1653(c)) is repealed, effective as provided in paragraph (5).
  (2) DISPOSITION OF FUND BALANCE-
  (A) RESERVATION OF AMOUNTS- The trustees of the Trans-Alaska Pipeline
  Liability Fund (hereafter in this subsection referred to as the `TAPS Fund')
  shall reserve the following amounts in the TAPS Fund--
  (i) necessary to pay claims arising under section 204(c) of the Trans-Alaska
  Pipeline Authorization Act (43 U.S.C. 1653(c)); and
  (ii) administrative expenses reasonably necessary for and incidental to
  the implementation of section 204(c) of that Act.
  (B) DISPOSITION OF THE BALANCE- After the Comptroller General of the United
  States certifies that the requirements of subparagraph (A) have been met,
  the trustees of the TAPS Fund shall dispose of the balance in the TAPS
  Fund after the reservation of amounts are made under subparagraph (A) by--
  (i) rebating the pro rata share of the balance to the State of Alaska for
  its contributions as an owner of oil; and then
  (ii) transferring and depositing the remainder of the balance into the Oil
  Spill Liability Trust Fund established under section 9509 of the Internal
  Revenue Code of 1986 (26 U.S.C. 9509).
  (C) DISPOSITION OF THE RESERVED AMOUNTS- After payment of all claims
  arising from an incident for which funds are reserved under subparagraph
  (A) and certification by the Comptroller General of the United States that
  the claims arising from that incident have been paid, the excess amounts, if
  any, for that incident shall be disposed of as set forth under subparagraphs
  (A) and (B).
  (D) AUTHORIZATION- The amounts transferred and deposited in the Fund shall
  be available for the purposes of section 1012 of the Oil Pollution Act of
  1990 after funding sections 5001 and 8103 to the extent that funds have
  not otherwise been provided for the purposes of such sections.
  (3) SAVINGS CLAUSE- The repeal made by paragraph (1) shall have no effect
  on any right to recover or responsibility that arises from incidents
  subject to section 204(c) of the Trans-Alaska Pipeline Authorization Act
  (43 U.S.C. 1653(c)) occurring prior to the date of enactment of this Act.
  (4) TAPS COLLECTION- Paragraph (5) of section 204(c) of the Trans-Alaska
  Pipeline Authorization Act (43 U.S.C. 1653(c)) is amended by striking the
  period at the end of the second sentence and adding at the end the following:
  `, except that after the date of enactment of the Oil Pollution Act of 1990,
  the amount to be accumulated shall be $100,000,000 or the amount determined
  by the trustees and certified to the Congress by the Comptroller General
  as necessary to pay claims arising from incidents occurring prior to the
  date of enactment of that Act and administrative costs, whichever is less.'.
  (5) EFFECTIVE DATE- (A) The repeal by paragraph (1) shall be effective 60
  days after the date on which the Comptroller General of the United States
  certifies to the Congress that--
  (i) all claims arising under section 204(c) of the Trans-Alaska Pipeline
  Authorization Act (43 U.S.C. 1653(c)) have been resolved,
  (ii) all actions for the recovery of amounts subject to section 204(c)
  of the Trans-Alaska Pipeline Authorization Act have been resolved, and
  (iii) all administrative expenses reasonably necessary for and incidental
  to the implementation of section 204(c) of the Trans-Alaska Pipeline
  Authorization Act have been paid.
  (B) Upon the effective date of the repeal pursuant to subparagraph (A),
  the trustees of the TAPS Fund shall be relieved of all responsibilities
  under section 204(c) of the Trans-Alaska Pipeline Authorization Act,
  but not any existing legal liability.
  (6) TUCKER ACT- This subsection is intended expressly to preserve any and
  all rights and remedies of contributors to the TAPS Fund under section 1491
  of title 28, United States Code (commonly referred to as the `Tucker Act').
  (b) CAUSE OF ACCIDENT- Section 204(c)(2) of the Trans-Alaska Pipeline
  Authorization Act (43 U.S.C. 1653(c)(2)) is amended by striking out `caused
  by' in the first sentence and inserting in lieu thereof `caused solely by'.
  (c) DAMAGES- Section 204(c) of the Trans-Alaska Pipeline Authorization Act
  (43 U.S.C. 1653(c)), as amended by this title, is further amended by adding
  at the end the following new paragraphs:
  `(13) For any claims against the Fund, the term `damages' shall include,
  but not be limited to--
  `(A) the net loss of taxes, revenues, fees, royalties, rents, or other
  revenues incurred by a State or a political subdivision of a State due to
  injury, destruction, or loss of real property, personal property, or natural
  resources, or diminished economic activity due to a discharge of oil; and
  `(B) the net cost of providing increased or additional public services
  during or after removal activities due to a discharge of oil, including
  protection from fire, safety, or health hazards, incurred by a State or
  political subdivision of a State.
  `(14) Paragraphs (1) through (13) shall apply only to claims arising
  from incidents occurring before the date of enactment of the Trans-Alaska
  Pipeline System Reform Act of 1990. The Oil Pollution Act of 1990 shall
  apply to any incident, or any claims arising from an incident, occurring
  on or after the date of the enactment of that Act.'.
  (d) PAYMENT OF CLAIMS BY FUND- Section 204(c)(3) of the Trans-Alaska
  Pipeline Authorization Act (43 U.S.C. 1653(c)(3)) is amended by adding
  at the end the following: `The Fund shall expeditiously pay claims under
  this subsection, including such $14,000,000, if the owner or operator of
  a vessel has not paid any such claim within 90 days after such claim has
  been submitted to such owner or operator. Upon payment of any such claim,
  the Fund shall be subrogated under applicable State and Federal laws to
  all rights of any person entitled to recover under this subsection. In any
  action brought by the Fund against an owner or operator or an affiliate
  thereof to recover amounts under this paragraph, the Fund shall be entitled
  to recover prejudgment interest, costs, reasonable attorney's fees, and,
  in the discretion of the court, penalties.'.
  (e) OFFICERS OR TRUSTEES- Section 204(c)(4) of the Trans-Alaska Pipeline
  Authorization Act (43 U.S.C. 1653(c)(4)) is amended--
  (1) by inserting `(A)' after `(4)'; and
  (2) by adding at the end the following:
  `(B) No present or former officer or trustee of the Fund shall be subject
  to any liability incurred by the Fund or by the present or former officers
  or trustees of the Fund, other than liability for gross negligence or
  willful misconduct.
  `(C)(i) Subject to clause (ii), each officer and each trustee of the Fund--
  `(I) shall be indemnified against all claims and liabilities to which he
  or she has or shall become subject by reason of serving or having served
  as an officer or trustee, or by reason of any action taken, omitted,
  or neglected by him or her as an officer or trustee; and
  `(II) shall be reimbursed for all attorney's fees reasonably incurred in
  connection with any claim or liability.
  `(ii) No officer or trustee shall be indemnified against, or be reimbursed
  for, any expenses incurred in connection with, any claim or liability
  arising out of his or her gross negligence or willful misconduct.'.
SEC. 8103. PRESIDENTIAL TASK FORCE.
  (a) ESTABLISHMENT OF TASK FORCE-
  (1) ESTABLISHMENT AND MEMBERS- (A) There is hereby established a Presidential
  Task Force on the Trans-Alaska Pipeline System (hereinafter referred to
  as the `Task Force') composed of the following members appointed by the
  President:
  (i) Three members, one of whom shall be nominated by the Secretary of the
  Interior, one by the Administrator of the Environmental Protection Agency,
  and one by the Secretary of Transportation.
  (ii) Three members nominated by the Governor of the State of Alaska,
  one of whom shall be an employee of the Alaska Department of Natural
  Resources and one of whom shall be an employee of the Alaska Department
  of Environmental Conservation.
  (iii) One member nominated by the Office of Technology Assessment.
  (B) Any member appointed to fill a vacancy occurring before the expiration
  of the term for which his or her predecessor was appointed shall be appointed
  only for the remainder of such term. A member may serve after the expiration
  of his or her term until a successor, if applicable, has taken office.
  (2) COCHAIRMEN- The President shall appoint a Federal cochairman from
  among the Federal members of the Task Force appointed pursuant to paragraph
  (1)(A) and the Governor shall designate a State cochairman from among the
  State members of the Task Force appointed pursuant to paragraph (1)(B).
  (3) COMPENSATION- Members shall, to the extent approved in appropriations
  Acts, receive the daily equivalent of the minimum annual rate of basic pay
  in effect for grade GS-15 of the General Schedule for each day (including
  travel time) during which they are engaged in the actual performance of
  duties vested in the Task Force, except that members who are State, Federal,
  or other governmental employees shall receive no compensation under this
  paragraph in addition to the salaries they receive as such employees.
  (4) STAFF- The cochairman of the Task Force shall appoint a Director to
  carry out administrative duties. The Director may hire such staff and incur
  such expenses on behalf of the Task Force for which funds are available.
  (5) RULE- Employees of the Task Force shall not, by reason of such
  employment, be considered to be employees of the Federal Government for
  any purpose.
  (b) DUTIES OF THE TASK FORCE-
  (1) AUDIT- The Task Force shall conduct an audit of the Trans-Alaska Pipeline
  System (hereinafter referred to as `TAPS') including the terminal at Valdez,
  Alaska, and other related onshore facilities, make recommendations to the
  President, the Congress, and the Governor of Alaska.
  (2) COMPREHENSIVE REVIEW- As part of such audit, the Task Force shall
  conduct a comprehensive review of the TAPS in order to specifically advise
  the President, the Congress, and the Governor of Alaska concerning whether--
  (A) the holder of the Federal and State right-of-way is, and has been,
  in full compliance with applicable laws, regulations, and agreements;
  (B) the laws, regulations, and agreements are sufficient to prevent the
  release of oil from TAPS and prevent other damage or degradation to the
  environment and public health;
  (C) improvements are necessary to TAPS to prevent release of oil from
  TAPS and to prevent other damage or degradation to the environment and
  public health;
  (D) improvements are necessary in the onshore oil spill response capabilities
  for the TAPS; and
  (E) improvements are necessary in security for TAPS.
  (3) CONSULTANTS- (A) The Task Force shall retain at least one independent
  consulting firm with technical expertise in engineering, transportation,
  safety, the environment, and other applicable areas to assist the Task
  Force in carrying out this subsection.
  (B) Contracts with any such firm shall be entered into on a nationally
  competitive basis, and the Task Force shall not select any firm with respect
  to which there may be a conflict of interest in assisting the Task Force
  in carrying out the audit and review. All work performed by such firm
  shall be under the direct and immediate supervision of a registered engineer.
  (4) PUBLIC COMMENT- The Task Force shall provide an opportunity for public
  comment on its activities including at a minimum the following:
  (A) Before it begins its audit and review, the Task Force shall review
  reports prepared by other Government entities conducting reviews of TAPS
  and shall consult with those Government entities that are conducting
  ongoing investigations including the General Accounting Office. It shall
  also hold at least 2 public hearings, at least 1 of which shall be held in
  a community affected by the Exxon Valdez oil spill. Members of the public
  shall be given an opportunity to present both oral and written testimony.
  (B) The Task Force shall provide a mechanism for the confidential receipt
  of information concerning TAPS, which may include a designated telephone
  hotline.
  (5) TASK FORCE REPORT- The Task Force shall publish a draft report which
  it shall make available to the public. The public will have at least 30
  days to provide comments on the draft report. Based on its draft report
  and the public comments thereon, the Task Force shall prepare a final
  report which shall include its findings, conclusions, and recommendations
  made as a result of carrying out such audit. The Task Force shall transmit
  (and make available to the public), no later than 2 years after the date
  on which funding is made available under paragraph (7), its final report
  to the President, the Congress, and the Governor of Alaska.
  (6) PRESIDENTIAL REPORT- The President shall, within 90 days after receiving
  the Task Force's report, transmit a report to the Congress and the Governor
  of Alaska outlining what measures have been taken or will be taken to
  implement the Task Force's recommendations. The President's report shall
  include recommended changes, if any, in Federal and State law to enhance
  the safety and operation of TAPS.
  (7) EARMARK- Of amounts in the Fund, $5,000,000 shall be available, subject
  to appropriations, annually without fiscal year limitation to carry out
  the requirements of this section.
  (c) GENERAL ADMINISTRATION AND POWERS OF THE TASK FORCE-
  (1) AUDIT ACCESS- The Comptroller General of the United States, and any of
  his or her duly appointed representatives, shall have access, for purposes
  of audit and examination, to any books, documents, papers, and records of
  the Task Force that are pertinent to the funds received and expended by
  the Task Force.
  (2) TERMINATION- The Task Force shall cease to exist on the date on which
  the final report is provided pursuant to subsection (b)(5).
  (3) FUNCTIONS LIMITATION- With respect to safety, operations, and other
  matters related to the pipeline facilities (as such term is defined in
  section 202(4) of the Hazardous Liquid Pipeline Safety Act of 1979) of
  the TAPS, the Task Force shall not perform any functions which are the
  responsibility of the Secretary of Transportation under the Hazardous
  Liquid Pipeline Safety Act of 1979, as amended. The Secretary may use the
  information gathered by and reports issued by the Task Force in carrying
  out the Secretary's responsibilities under that Act.
  (4) POWERS- The Task Force may, to the extent necessary to carry out its
  responsibilities, conduct investigations, make reports, issue subpoenas,
  require the production of relevant documents and records, take depositions,
  and conduct directly or, by contract, or otherwise, research, testing,
  and demonstration activities.
  (5) EXAMINATION OF RECORDS AND PROPERTIES- The Task Force, and the
  employees and agents it so designates, are authorized, upon presenting
  appropriate credentials to the person in charge, to enter upon, inspect,
  and examine, at reasonable times and in a reasonable manner, the records
  and properties of persons to the extent such records and properties are
  relevant to determining whether such persons have acted or are acting in
  compliance with applicable laws and agreements.
  (6) FOIA- The information gathered by the Task Force pursuant to subsection
  (b) shall not be subject to section 552 of title 5, United States Code
  (commonly referred to as the `Freedom of Information Act'), until its
  final report is issued pursuant to subsection (b)(6).
Subtitle B--Penalties
SEC. 8201. AUTHORITY OF THE SECRETARY OF THE INTERIOR TO IMPOSE PENALTIES
ON OUTER CONTINENTAL SHELF FACILITIES.
  Section 24(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1350(b))
  is amended--
  (1) by striking out `If any' and inserting in lieu thereof `(1) Except as
  provided in paragraph (2), if any';
  (2) by striking out `$10,000' and inserting in lieu thereof `$20,000';
  (3) by adding at the end of paragraph (1) the following new sentence: `The
  Secretary shall, by regulation at least every 3 years, adjust the penalty
  specified in this paragraph to reflect any increases in the Consumer Price
  Index (all items, United States city average) as prepared by the Department
  of Labor.'; and
  (4) by adding at the end the following new paragraph:
  `(2) If a failure described in paragraph (1) constitutes or constituted
  a threat of serious, irreparable, or immediate harm or damage to life
  (including fish and other aquatic life), property, any mineral deposit,
  or the marine, coastal, or human  environment, a civil penalty may be
  assessed without regard to the requirement of expiration of a period
  allowed for corrective action.'.
SEC. 8202. TRANS-ALASKA PIPELINE SYSTEM CIVIL PENALTIES.
  The Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.) is
  amended by adding at the end thereof the following new section:
`CIVIL PENALTIES
  `SEC. 207. (a) PENALTY- Except as provided in subsection (c)(4), the
  Secretary of the Interior may assess and collect a civil penalty under
  this section with respect to any discharge of oil--
  `(1) in transit from fields or reservoirs supplying oil to the trans-Alaska
  pipeline; or
  `(2) during transportation through the trans-Alaska pipeline or handling
  at the terminal facilities, that causes damage to, or threatens to damage,
  natural resources or public or private property.
  `(b) PERSONS LIABLE- In addition to the person causing or permitting the
  discharge, the owner or owners of the oil at the time the discharge occurs
  shall be jointly, severally, and strictly liable for the full amount of
  penalties assessed pursuant to this section, except that the United States
  and the several States, and political subdivisions thereof, shall not be
  liable under this section.
  `(c) AMOUNT- (1) The amount of the civil penalty shall not exceed $1,000
  per barrel of oil discharged.
  `(2) In determining the amount of civil penalty under this section, the
  Secretary shall consider the seriousness of the damages from the discharge,
  the cause of the discharge, any history of prior violations of applicable
  rules and laws, and the degree of success of any efforts by the violator
  to minimize or mitigate the effects of such discharge.
  `(3) The Secretary may reduce or waive the penalty imposed under this section
  if the discharge was solely caused by an act of war, act of God, or third
  party action beyond the control of the persons liable under this section.
  `(4) No civil penalty assessed by the Secretary pursuant to this section
  shall be in addition to a penalty assessed pursuant to section 311(b)
  of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)).
  `(d) PROCEDURES- A civil penalty may be assessed and collected under this
  section only after notice and opportunity for a hearing on the record in
  accordance with section 554 of title 5, United States Code. In any proceeding
  for the assessment of a civil penalty under this section, the Secretary
  may issue subpoenas for the attendance and testimony of witnesses and the
  production of relevant papers, books, and documents and may promulgate
  rules for discovery procedures. Any person who requested a hearing with
  respect to a civil penalty under this subsection and who is aggrieved by an
  order assessing the civil penalty may file a petition for judicial review
  of such order with the United States Court of Appeals for the District of
  Columbia circuit or for any other circuit in which such person resides or
  transacts business. Such a petition may only be filed within the 30-day
  period beginning on the date the order making such assessment was issued.
  `(e) STATE LAW- (1) Nothing in this section shall be construed or interpreted
  as preempting any State or political subdivision thereof from imposing
  any additional liability or requirements with respect to the discharge,
  or threat of discharge, of oil or other pollution by oil.
  `(2) Nothing in this section shall affect or modify in any way the
  obligations or liabilities of any person under other Federal or State law,
  including common law, with respect to discharges of oil.'.
Subtitle C--Provisions Applicable to Alaska Natives
SEC. 8301. LAND CONVEYANCES.
  The Alaska National Interest Lands Conservation Act (Public Law 96-487)
  is amended by adding the following after section 1437:
  `SEC. 1438. Solely for the purpose of bringing claims that arise from the
  discharge of oil, the Congress confirms that all right, title, and interest
  of the United States in and to the lands validly selected pursuant to the
  Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) by Alaska Native
  corporations are deemed to have vested in the respective corporations as
  of March 23, 1989. This section shall take effect with respect to each
  Alaska Native corporation only upon its irrevocable election to accept
  an interim conveyance of such land and notice of such election has been
  formally transmitted to the Secretary of the Interior.'.
SEC. 8302. IMPACT OF POTENTIAL SPILLS IN THE ARCTIC OCEAN ON ALASKA NATIVES.
  Section 1005 of the Alaska National Interest Lands Conservation Act (16
  U.S.C. 3145) is amended--
  (1) by amending the heading to read as follows:
`WILDLIFE RESOURCES PORTION OF STUDY AND IMPACT OF POTENTIAL OIL SPILLS IN
THE ARCTIC OCEAN';
  (2) by inserting `(a)' after `SEC. 1005.'; and
  (3) by adding at the end the following:
  `(b)(1) The Congress finds that--
  `(A) Canada has discovered commercial quantities of oil and gas in the
  Amalagak region of the Northwest Territory;
  `(B) Canada is exploring alternatives for transporting the oil from the
  Amalagak field to markets in Asia and the Far East;
  `(C) one of the options the Canadian Government is exploring involves
  transshipment of oil from the Amalagak field across the Beaufort Sea to
  tankers which would transport the oil overseas;
  `(D) the tankers would traverse the American Exclusive Economic Zone through
  the Beaufort Sea into the Chuckchi Sea and then through the Bering Straits;
  `(E) the Beaufort and Chuckchi Seas are vital to Alaska's Native people,
  providing them with subsistence in the form of walrus, seals, fish,
  and whales;
  `(F) the Secretary of the Interior has conducted Outer Continental Shelf
  lease sales in the Beaufort and Chuckchi Seas and oil and gas exploration
  is ongoing;
  `(G) an oil spill in the Arctic Ocean, if not properly contained and
  cleaned up, could have significant impacts on the indigenous people of
  Alaska's North Slope and on the Arctic environment; and
  `(H) there are no international contingency plans involving our two
  governments concerning containment and cleanup of an oil spill in the
  Arctic Ocean.
  `(2)(A) The Secretary of the Interior, in consultation with the Governor
  of Alaska, shall conduct a study of the issues of recovery of damages,
  contingency plans, and coordinated actions in the event of an oil spill
  in the Arctic Ocean.
  `(B) The Secretary shall, no later than January 31, 1991, transmit a report
  to the Congress on the findings and conclusions reached as the result of
  the study carried out under this subsection.
  `(c) The Congress calls upon the Secretary of State, in consultation with
  the Secretary of the Interior, the Secretary of Transportation, and the
  Governor of Alaska, to begin negotiations with the Foreign Minister of
  Canada regarding a treaty dealing with the complex issues of recovery of
  damages, contingency plans, and coordinated actions in the event of an
  oil spill in the Arctic Ocean.
  `(d) The Secretary of State shall report to the Congress on the Secretary's
  efforts pursuant to this section no later than June 1, 1991.'.
TITLE IX--AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND, ETC.
SEC. 9001. AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND.
  (a) TRANSFERS TO TRUST FUND- Subsection (b) of section 9509 of the Internal
  Revenue Code of 1986 is amended by striking all that follows paragraph
  (1) and inserting the following:
  `(2) amounts recovered under the Oil Pollution Act of 1990 for damages
  to natural resources which are required to be deposited in the Fund under
  section 1006(f) of such Act,
  `(3) amounts recovered by such Trust Fund under section 1015 of such Act,
  `(4) amounts required to be transferred by such Act from the revolving fund
  established under section 311(k) of the Federal Water Pollution Control Act,
  `(5) amounts required to be transferred by the Oil Pollution Act of 1990
  from the Deepwater Port Liability Fund established under section 18(f)
  of the Deepwater Port Act of 1974,
  `(6) amounts required to be transferred by the Oil Pollution Act of 1990
  from the Offshore Oil Pollution Compensation Fund established under section
  302 of the Outer Continental Shelf Lands Act Amendments of 1978,
  `(7) amounts required to be transferred by the Oil Pollution Act of 1990
  from the Trans-Alaska Pipeline Liability Fund established under section
  204 of the Trans-Alaska Pipeline Authorization Act, and
  `(8) any penalty paid pursuant to section 311 of the Federal Water Pollution
  Control Act, section 309(c) of such Act (as a result of violations of
  such section 311), the Deepwater Port Act of 1974, or section 207 of the
  Trans-Alaska Pipeline Authorization Act.'
  (b) EXPENDITURES FROM TRUST FUND- Paragraph (1) of section 9509(c) of such
  Code is amended to read as follows:
  `(1) EXPENDITURE PURPOSES- Amounts in the Oil Spill Liability Trust Fund
  shall be available, as provided in appropriation Acts or section 6002(b)
  of the Oil Pollution Act of 1990, only for purposes of making expenditures--
  `(A) for the payment of removal costs and other costs, expenses, claims,
  and damages referred to in section 1012 of such Act,
  `(B) to carry out sections 5 and 7 of the Intervention on the High Seas
  Act relating to oil pollution or the substantial threat of oil pollution,
  `(C) for the payment of liabilities incurred by the revolving fund
  established by section 311(k) of the Federal Water Pollution Control Act,
  `(D) to carry out subsections (b), (c), (d), (j), and (l) of section 311 of
  the Federal Water Pollution Control Act with respect to prevention, removal,
  and enforcement related to oil discharges (as defined in such section),
  `(E) for the payment of liabilities incurred by the Deepwater Port Liability
  Fund, and
  `(F) for the payment of liabilities incurred by the Offshore Oil Pollution
  Compensation Fund.'
  (c) INCREASE IN EXPENDITURES PERMITTED PER INCIDENT- Subparagraph (A)
  of section 9509(c)(2) of such Code is amended--
  (1) by striking `$500,000,000' each place it appears and inserting
  `$1,000,000,000', and
  (2) by striking `$250,000,000' and inserting `$500,000,000'.
  (d) INCREASE IN BORROWING AUTHORITY-
  (1) INCREASE IN BORROWING PERMITTED- Paragraph (2)  of section 9509(d)
  of such Code is amended by striking `$500,000,000' and inserting
  `$1,000,000,000'.
  (2) CHANGE IN FINAL REPAYMENT DATE- Subparagraph (B) of section 9509(d)(3)
  of such Code is amended by striking `December 31, 1991' and inserting
  `December 31, 1994'.
  (e) OTHER CHANGES-
  (1) Paragraph (2) of section 9509(e) of such Code is amended by striking
  `Comprehensive Oil Pollution Liability and Compensation Act' and inserting
  `Oil Pollution Act of 1990'.
  (2) Subparagraph (B) of section 9509(c)(2) of such Code is amended by
  striking `described in paragraph (1)(A)(i)' and inserting `of removal costs'.
  (3) Subsection (f) of section 9509 of such Code is amended to read as
  follows:
  `(f) REFERENCES TO OIL POLLUTION ACT OF 1990- Any reference in this
  section to the Oil Pollution Act of 1990 or any other Act referred to in a
  subparagraph of subsection (c)(1) shall be treated as a reference to such
  Act as in effect on the date of the enactment of this subsection.'
SEC. 9002. CHANGES RELATING TO OTHER FUNDS.
  (a) REPEAL OF PROVISION RELATING TO TRANSFERS TO OIL SPILL LIABILITY FUND-
  Subsection (d) of section 4612 of the Internal Revenue Code of 1986 is
  amended by striking the last sentence.
  (b) CREDIT AGAINST OIL SPILL RATE ALLOWED ON AFFILIATED GROUP BASIS-
  Subsection (d) of section 4612 of such Code is amended by adding at the end
  thereof the following new sentence: `For purposes of this subsection, all
  taxpayers which would be members of the same affiliated group (as defined
  in section 1504(a)) if section 1504(a)(2) were applied by substituting
  `100 percent' for `80 percent' shall be treated as 1 taxpayer.'
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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