Comprehensive Oil Pollution Liability and Compensation Act

(House agreed to Senate amendments with amendments)

Comprehensive Oil Pollution Liability and Compensation Act - =Title I: Domestic Oil Pollution Liability, Compensation, and Fund= - Establishes in the Treasury of the United States the Comprehensive Oil Spill Liability Fund for the purpose of paying for otherwise uncompensated losses resulting from oil pollution for research related to this Act, and for administrative and personnel costs necessary to administer this fund and this Act. 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 liabilites.

Directs the Comptroller General to provide an audit review team to audit the administration and use of the fund, and to submit a report to the Congress on the results of such audits for each of the first two years of operation of the fund.

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. Authorizes the Secretary to reduce such limits to specified levels should they cause a significant adverse impact on small business or a significant anticompetitive impact.

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 to advertise procedures procedures for presenting claims directly to the fund, 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. Requires all claims, with limited exceptions, to be initially presented to the owner or operator, or to such person's guarantor. Permits claimants to either present a claim to the fund or to bring an action in an appropriate court, if the owner or operator denies liability or fails 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 government 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 action brought by the fund against owners, operators, or guarantors of alleged pollution sources.

Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution.

Stipulates that where an owner or operator of a vessel or facility is subjected to multiple claims arising under the laws of one or more States, he shall be reimbursed by the fund for any liability in excess of the limits established under this Act.

Sets penalties for persons failing to comply with specified provisions in this Act.

Directs the President to conduct various studies on oil pollution effects and the adequacy of private oil pollution insurance protection. Directs the President to establish an interagency task force to study the implementation of a uniform liability and compensation law. Directs the Comptroller General and the Administrator of Environmental Protection Agency (EPA) to conduct a study of the necessity for emergency assistance for oil pollution incidents which pose a substantial danger to public health or welfare.

Authorizes the appropriation of such funds as are necessary to carry out the provisions of this Act.

=Title II: Effective Dates; Conforming Amendments= - 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. Provides for the payment of claims against the Trans-Alaska Pipeline. Abolishes the Trans-Alaska Pipeline Liability Fund and transfers its assets to the fund established under this Act.