Comprehensive Oil Pollution Liability and Compensation Act

Summary

Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - States that this title is inapplicable to the United States regarding oil pollution damages during any period in which both the International Convention on Civil Liability for Oil Pollution Damage, 1984 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1984 are in force with respect to the United States and compensation is available. Permits claims for damages for economic loss arising from oil pollution for: (1) removal costs; (2) injury to or destruction of real or personal property; (3) reasonable costs incurred in assessing injury or destruction of natural resources and in planning, restoring, or acquiring the equivalent of the damaged resources; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving such damages. Imposes joint, several, and strict liability on the party responsible for the source of oil pollution. Specifies liability limits (except in cases of gross negligence or willful misconduct) for vessels. Sets forth defenses to liability. Makes the Marine Oil Pollution Insurance Corporation, established under Title II of this Act (the Corporation), liable for damages not otherwise compensated. Requires the responsible party for certain vessels over 300 gross tons and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided. Specifies procedures whereby the Secretary of Transportation shall designate and advertise oil pollution sources. Directs the Secretary to advertise claims to be presented initially to the responsible party or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source. Permits claimants either to present a claim to the Corporation or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Corporation. Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Corporation. Permits the Corporation to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier. Subrogates any person, including the Corporation, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the Corporation against any responsible party or guarantor. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under titles I, II, and III of this Act, without regard to the citizenship of the parties or the amount in controversy. Makes the rights and remedies under this title exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Title II: Marine Oil Pollution Insurance Corporation and Compensation Fund - Establishes the Marine Oil Pollution Insurance Corporation as a wholly owned Government corporation under the supervision of the Secretary of Transportation. Vests management of such Corporation in an Administrator to be appointed by the President with the advice and consent of the Senate. Establishes the Marine Oil Pollution Compensation Fund (the Fund) to be administered by the Corporation. Makes the Fund available for purposes of: (1) removal costs incurred under specified laws; (2) costs incurred by the President or a State Governor (as trustee) in assessing damaged natural resources and preparing a restoration and acquisition plan regarding such damaged resources; (3) certain uncompensated damage claims; (4) implementing certain laws regarding oil pollution; and (5) contributions to the International Fund. Directs the Secretary of Transportation to set guidelines for the collection of premiums for deposit into the Fund. Sets a premium of 1.3 cents per barrel of crude oil or other petroleum products for payment into the Fund. Limits payment on any claim (except removal costs) to the extent that payment would result in the Fund having less than $30,000,000. Establishes a liability limit per incident for the Corporation. Sets a maximum civil penalty for failure to pay premiums into the Marine Oil Pollution Compensation Fund. Provides that if the balance of any fund is to be transferred to the Fund, any claim arising before the effective date of this Act shall be paid from the Fund. Provides that if the Secretary determines that there is a Trans-Alaska Pipeline (TAP) fund deficit, then the premium imposed on oil first transported through such Pipeline shall be increased by a certain amount until the total amount of increased premiums equals the deficit. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Eliminates the Trans-Alaska Pipeline Liability Fund and provides that all unused assets of such Fund shall be rebated directly to the operator of the Trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into such Fund. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978 and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this Act. Transfers to the Fund amounts remaining in the Deepwater Port Liability Fund and the Offshore Oil Pollution Compensation Fund (both having been eliminated by the above repeals). Title IV: Implementation of Conventions - Recognizes the International Oil Pollution Compensation Fund (International Fund) as a legal person under the laws of the United States. Requires, in any action brought in the United States against the owner of a ship or his guarantor under the International Convention on Civil Liability for Oil Pollution Damage, that the International Fund and the Marine Oil Pollution Compensation Fund be served a copy of the complaint and any subsequent pleading. Entitles the International Fund to intervene as a party in any such action. Exempts the International Fund from all direct taxation in the United States. Requires any contribution to the International Fund to be paid from the Marine Oil Pollution Compensation Fund. Sets forth the jurisdiction of the U.S. district courts for controversies arising under the Civil Liability Convention or the International Fund Convention. Requires U.S. courts to recognize final judgments of courts of nations which are a party to the Civil Liability Convention or the International Fund Convention. Requires the owner of each U.S. documented ship, or any ship, wherever registered, which enters or leaves a U.S. port or terminal carrying more than 2,000 tons of oil in bulk as cargo to establish and maintain evidence of financial responsibility in amounts sufficient to cover the maximum liability arising from one incident under the Civil Liability Convention. Imposes a civil penalty for noncompliance with such financial responsibility requirement. States that the United States waives all defenses based on its status as a sovereign state with respect to any controversy arising under the Civil Liability Convention or the International Fund Convention relating to any ship owned by the United States and used for commercial purposes.

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Timeline

1. 21 February 1985

   Introduced

   Referred to House Committee on Merchant Marine and Fisheries.

   Source: IntroReferral

2. 21 February 1985

   Introduced

   Introduced in House

   Source: IntroReferral

3. 21 February 1985

   Introduced

   Introduced in House

   Source: IntroReferral

4. 4 March 1985

   Referred

   Referred to Subcommittee on Coast Guard and Navigation.

   Source: Committee

5. 4 March 1985

   Committee

   Executive Comment Requested from Commerce, DOE, Justice, State, DOT, EPA, CEQ.

   Source: Committee

6. 7 March 1985

   Referred

   Referred to Subcommittee on Water Resources.

   Source: Committee

7. 27 March 1985

   Committee

   Subcommittee Hearings Held.

   Source: Committee

8. 18 June 1985

   Committee

   Forwarded by Subcommittee to Full Committee (Amended).

   Source: Committee

9. 18 June 1985

   Committee

   Subcommittee Consideration and Mark-up Session Held.

   Source: Committee

10. 26 June 1985

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

11. 26 June 1985

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

12. 1 August 1985

    Reported

    Reported to House (Amended) by House Committee on Merchant Marine and Fisheries. Report No: 99-247 (Part I).

    Source: Committee

13. 1 August 1985

    Reported

    Reported to House (Amended) by House Committee on Merchant Marine and Fisheries. Report No: 99-247 (Part I).

    Source: Committee

14. 1 October 1985

    Committee

    Text of This Measure Substituted as an Amendment to H.R.2817.

    Source: Committee

15. 10 December 1985

    Committee

    See H.R.2005.

    Source: Committee

16. 17 October 1986

    Committee

    For Further Action See H.R.5300.

    Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

2 official files

• Reported to House amended, Part I

  summary · EN · 1 August 1985

  Open at official source

• Introduced in House

  summary · EN · 21 February 1985

  Open at official source

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Sponsors

• Rep. Studds, Gerry E. [D-MA-10] · D · Sponsor
• Rep. Jones, Walter B. [D-NC-1] · D · Sponsor
• Rep. Lent, Norman F. [R-NY-4] · R · Sponsor
• Rep. Davis, Robert W. [R-MI-11] · R · Sponsor
• Rep. Biaggi, Mario [D-NY-19] · D · Sponsor
• Rep. Lowry, Mike [D-WA-7] · D · Sponsor
• Rep. Hughes, William J. [D-NJ-2] · D · Sponsor
• Sen. Mikulski, Barbara A. [D-MD] · D · Sponsor
• Rep. Young, Don [R-AK-At Large] · R · Sponsor
• Sen. Breaux, John B. [D-LA] · D · Cosponsor
• · hsmm00 · Standing
• · hspw00 · Standing

Related records

• related to ← Superfund Amendments and Reauthorization Act of 1986
• related to ← Superfund Amendments of 1985
• related to ← Omnibus Budget Reconciliation Act of 1986