Oil Pollution Prevention, Response, Liability, and Compensation Act of 1989

Summary

Oil Pollution Prevention, Response, Liability, and Compensation Act of 1989 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Exempts from such liability certain discharges permitted under Federal, State, and local law. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Directs the Secretary of Transportation to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Directs the Secretary to: (1) conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessels to deepwater ports versus the transportation of oil to other ports; (2) report to the Congress on the results of such study; and (3) initiate a rulemaking, if determined that the use of deepwater ports in connection with the transportation of oil results in lower operational or environmental risks than the use of other ports, to lower the limits of liability with respect to deepwater ports and to vessels transporting oil to such ports. Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; (3) an Indian tribe; or (4) a foreign government. Sets forth recovery and indemnification procedures. Directs the President to study and report to the Congress on techniques of valuing natural resource damages. Makes responsible parties subject to certain civil penalties if an oil discharge results in damages to natural resources that cannot be restored. Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund), including: (1) payment of removal costs and administrative expenses; and (2) contributions to the International Fund. Sets forth defenses to liability for such Fund and a specified maximum amount which may be paid from the Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to immediately notify the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the party responsible for certain vessels over 300 gross tons or vessels using the waters of the exclusive economic zone to transship or lighter oil destined for U.S. ports to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may be denied entry into U.S. ports or waters or be detained at such ports. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Prevention and Response - Authorizes the Secretary to direct all containment, cleanup, removal, and response activities with respect to discharges or threats of discharges of oil on certain waters. Requires the Secretary to designate areas for which response plans are required to be prepared and the persons responsible for the preparation and payment of such plans. Directs such persons to submit plans to the Secretary for approval. Authorizes the Secretary to provide technical assistance in the preparation of such plans. Directs the Secretary to: (1) evaluate the status and effectiveness of personnel and equipment for responding to discharges or threatened discharges of oil into certain waters; and (2) report to the Congress on such evaluation. Requires the Secretary to revise the national contingency plan under the Federal Water Pollution Control Act to make oil response personnel subject to training and periodic drills, without prior notice. Directs the Secretary to issue regulations to require: (1) inspections of oil discharge response equipment and certification by the Secretary at least every three years to ensure that such equipment is maintained in working condition; and (2) owners and operators of vessels and facilities to ensure that sufficient personnel and equipment are available, on a collective and regional basis, for responding to discharges in an effective and timely manner. Requires the National Response Center to establish and maintain a comprehensive nationwide computer listing of emergency response resources available and appropriate for use in responding to oil discharges. Directs the President to encourage appropriate international organizations to establish an international inventory of emergency response resources. Requires the Secretary to make a survey of navigable waters to determine the needs for new, expanded, or improved vessel traffic systems. Directs the Secretary, in establishing a priority list for such waters, to consider the nature and frequency of vehicle traffic in an area and the risks of collisions, spills, and damages associated with such traffic which could be reduced by the installation or improvement of a vessel traffic system. Directs the Secretary to submit such list and other appropriate information to the Congress. Authorizes the Secretary to install and operate such equipment and systems as are necessary for making improvements and expansions. Requires the Secretary to: (1) make participation in vessel traffic systems mandatory for such vessels as the Secretary deems appropriate; and (2) collect user fees for the operation of such systems. Directs the Secretary to conduct a study and report to the Congress on whether the Secretary should be given additional authority to direct the movement of vessels upon navigable waters. Requires the Secretary to: (1) conduct a study to determine the areas in which navigation risks are sufficient to require tug escorts of tankers or other navigation aids to improve the safe movement of tankers; and (2) implement the recommendations of such study. Requires the Secretary to study and report to the Congress on appropriate crew sizes for tankers and qualifications of personnel on such tankers. Directs the Administrator of the Environmental Protection Agency to: (1) study and report to the Congress on whether liners should be used as a secondary means of containment at onshore facilities used for the bulk storage of oil and located near navigable waters to prevent leaching of oil into the ground and to aid in leak detection; and (2) implement the recommendations of such report. Directs the Secretary of the Army to study and report to the Congress on the feasibility of modifying dredges for making such dredges usable in responding to oil discharges. Requires the Secretary of Transportation to study and report to the Congress on whether to designate areas of navigable waters and the exclusive economic zone as zones where the movement of tankers should be prohibited or limited. Directs the President to establish an oil pollution research and development program to develop: (1) new or improved methods for oil containment, recovery, cleanup, and disposal; (2) effective models to predict the effects of oil discharges, including long-term effects on fish and wildlife; (3) adequate worker training standards for oil discharge response personnel; and (4) new or improved methods to protect public health and safety and to restore natural resources damaged by such discharges. Requires the President, under such program, to: (1) direct the Secretary to conduct research on changes in vessel design and construction criteria to reduce the likelihood of such discharges; and (2) direct the Secretary and the Administrator to conduct a joint research and development program for improving technology to prevent and minimize the size of such discharges. Directs the President to report annually to the Congress on such activities. Authorizes appropriations for FY 1991 through 1995. Amends Federal law relating to merchant seamen licenses and certificates of registry to prohibit the Secretary of the department in which the Coast Guard is operating from issuing or renewing a license or certificate of registry, and to authorize such Secretary to suspend or revoke a license issued, to an individual who such Secretary determines is a current or chronic abuser of alcohol or who fails to make available to such Secretary all information contained in the National Driver Register regarding that individual's motor vehicle driving record. Authorizes such Secretary to conduct investigations to determine if an individual who holds a license or certificate of registry issued by such Secretary is a current or chronic abuser of alcohol if such Secretary receives information regarding any alcohol-related misconduct of the individual or that the individual has been found guilty of an alcohol-related infraction resulting in suspension or revocation of a motor vehicle operator license. Permits such Secretary to request an individual who holds a license or certificate of registry issued by such Secretary to make available to such Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of that individual. Prohibits such Secretary from terminating a license suspension until the individual provides sufficient proof that the individual is no longer a current or chronic abuser of alcohol. Directs the chief mate and next senior crew member on board a vessel, if it is determined that reasonable cause exists to believe that the individual in command is intoxicated and incapable of commanding the vessel, to assume command of the vessel, enter details in the vessel log, and report such details to such Secretary as expeditiously as possible. Amends the National Driver Register Act of 1982 to authorize applicants for and holders of merchant seamen licenses or certificates of registry to request the chief State driver licensing official to transmit to such Secretary information regarding such applicants' or holders' motor vehicle driving records. Prescribes the use of such information by such Secretary. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Requires the Secretary of Transportation to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions. Title IV: Miscellaneous Provisions - Makes conforming amendments to: (1) the Trans-Alaska Pipeline Authorization Act; (2) the Intervention on the High Seas Act; (3) the Federal Water Pollution Control Act; (4) the Deepwater Port Act; and (5) the Outer Continental Shelf Lands Act Amendments of 1978.

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4 official files

• Introduced in House (text)

  Introduced in House · EN

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• Reported to House amended, Part II

  summary · EN · 22 September 1989

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• Reported to House amended, Part I

  summary · EN · 13 September 1989

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• Introduced in House

  summary · EN · 27 July 1989

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