A bill to provide a comprehensive system of liability and compensation for oil spill damage and removal costs, to provide for oil tanker safety.
Comprehensive Oil Pollution Liability and Compensation Act - Title I: Domestic Oil Pollution Liability, Compensation, and Fund - Establishes in the Treasury of the United States a fund for the purpose of paying for otherwise uncompensated losses resulting from oil pollution. Enumerates the sources of moneys to be deposited in such fund, including a fee, not to exceed three cents per barrel of oil, imposed upon owners of facilities receiving oil. Authorizes the Secretary of Transportation to issue obligations to the Secretary of the Treasury at times when fund assets are insufficient to meet fund liabilities.
Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source.
Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires the owner or operator: (1) of any such facility; or (2) any ship which uses such facility or navigable waters of the United States, to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits.
Directs the person in charge of a vessel or facility to immediately notify the Secretary of Transportation of any pollution incident in which the vessel or facility is involved. Specifies procedures whereby the Secretary may, in the absence of such an admission, designate and advertise pollution sources.
Directs the Secretary, in instances in which: (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source, to advertise procedures for presenting claims directly to the fund. Requires all other claims, with limited exceptions, to be initially presented to the owner or operator, or to such persons' guarantor. Permits claimants to either present a claim to the fund or to bring an action in an appropriate United States district court when an owner or operator and a guarantor deny liability or fail to settle the claim within a specified period.
Sets forth procedures for the disposition and appeal of claims submitted to the fund.
Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the fund. Permits the fund to intervene in such actions.
Subrogates any person or governmental entity, including the fund, paying compensation to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators, or guarantors of alleged pollution sources.
Sets penalties for persons failing to comply with specified provisions in this Act.
Specifies the effective dates of this Act. Amends specified laws, including the Deepwater Port Act of 1974 and the Federal Water Pollution Control Act, to conform with the provisions of this Act.
Title II: Tanker Safety - Tanker Safety Act - Amends the Ports and Waterways Safety Act of 1972 to direct the Secretary of Transportation to establish, operate, and maintain computerized vessel traveling and data systems. Directs the Secretary to take action to protect structures adjacent to navigable waters from damage by vessels or by accidents or natural disasters.
Specifies factors to be considered by the Secretary in carrying out duties under this title. Directs the Secretary to encourage the development of uniform standards relating to the regulation of pilotage aboard vessels.
Authorizes the Secretary or the National Transportation Safety Board to investigate accidents involving vessels. Prohibits vessels with serious safety or repair problems from operating on the navigable waters of the United States.
Title III: Marine Safety Authority of the United States - Amends the Ports and Waterways Safety Act of 1972 to establish a 200-mile maritime safety zone over which the United States shall exercise authority over navigation, vessel safety, and protection of the marine environment.
Title IV: Inspection and Enforcement - Establishes procedures for enforcement of marine environmental protection and safety standards by maritime safety officers under the authority of the Secretary of Transportation. Directs the Secretary to establish a national program for inspection of all vessels subject to the provisions of this Act.
Imposes civil and criminal penalties for violation of the prohibitions contained in this Act.
Title V: Miscellaneous Provisions - Authorizes the Secretary of Transportation to issue regulations to carry out the provisions of this Act, in consultation and cooperation with interested States and Federal agencies. Requires the Secretary to submit annual reports to the Congress on the administration of the Ports and Waterways Safety Act and on inspection and enforcement activities.
Revises the applicability and extent of vessel design and safety standards for various categories of vessels. Revises requirement for issuance of licenses to pilots of steam vessels by the Commandant of the Coast Guard.
Introduced in House
Introduced in House
Referred to House Committee on Merchant Marine and Fisheries.
Referred to House Committee on Public Works and Transportation.
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