article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Safety Act of 2000''. SEC. 2. ESTABLISHMENT OF REQUIREMENT FOR RESPONSE PLANS FOR NONTANK VESSELS. Subtitle II of title 46, United States Code, is amended-- (1) in the analysis at the beginning of the subtitle, by adding after the item relating to chapter 147 the following: ``48. Response plans for nontank vessels................... 4801''; and (2) by adding at the end of part B the following: ``CHAPTER 48--RESPONSE PLANS FOR NONTANK VESSELS ``Sec. ``4801. Definitions. ``4802. Application. ``4803. General response plan requirement. ``4804. Regulations. ``4805. Submittal of response plans. ``4806. Review and approval of response plans. ``Sec. 4801. Definitions ``In this chapter: ``(1) The term `covered vessel' means a vessel to which this chapter applies. ``(2) The term `maritime cooperative' means any association established by any combination of owners or operators of marine terminals, marine facilities, or vessels, vessel agents, or maritime industry groups, that provides oil spill response planning and oil spill-related communications services. ``(3) The term `response plan' means a plan for the prevention of oil spills and the containment and cleanup of oil spills from the navigable waters of the United States and for the protection of fisheries and wildlife, natural resources, and public and private property from such a spill. ``Sec. 4802. Application ``This chapter applies to any vessel over 300 gross tons carrying oil as fuel on the navigable waters of the United States, other than-- ``(1) a tank vessel; and ``(2) a fishing vessel. ``Sec. 4803. General response plan requirement ``(a) After June 1, 2001, a vessel subject to this chapter may not operate on the navigable waters of the United States unless a response plan for that operation has been approved by the Secretary and implemented. ``(b) Approval of a response plan by the Secretary under this section must be renewed at least once every 5 years. ``Sec. 4804. Regulations ``Not later than January 1, 2003, the Secretary shall issue regulations establishing the minimum requirements for approval of response plans required under this chapter. The regulations shall require that each such response plan-- ``(1) include complete details concerning the response to oil spills of various sizes from vessels to which the plan applies; ``(2) to the maximum extent practicable, be designed in terms of personnel, materials, and equipment, necessary to remove oil and minimize any damage to the environment resulting from a maximum probable spill and a worse case spill; ``(3) describe how the response plan relates to and is coordinated with contingency plans developed by a State, cooperative, port, or regional entity; ``(4) provide procedures for early detection of an oil spill and timely notification of appropriate Federal, State, and local authorities about the spill in accordance with applicable State and Federal law; ``(5) demonstrate ownership of or access to an emergency response communications network that-- ``(A) covers all locations of operation or transit by the vessel to which the response plan applies; and ``(B) provides for immediate notification and continual emergency communications during cleanup response; ``(6) state the number, training preparedness, and fitness of all dedicated, prepositioned personnel assigned to implement the plan; ``(7) incorporate periodic training and drill programs to evaluate whether the personnel and equipment provided under the plan are in a state of operational readiness at all times; ``(8) state the means of protecting and mitigating the effects of an oil spill on the environment; ``(9) provide a detailed description of equipment, training, and procedures to be used by the crew of a vessel to minimize vessel damage, and to stop or reduce oil spilling from the vessel; ``(10) provide arrangements for prepositioning oil spill containment and cleanup equipment and trained personnel; ``(11) provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan; ``(12) provide for the disposal of recovered oil in accordance with local, State, and Federal law; ``(13) state the measures that have been taken to reduce the likelihood that an oil spill will occur; and ``(14) state the amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other response plans rely on the same equipment. ``Sec. 4805. Submittal of response plans ``(a) A response plan under this chapter shall be submitted to the Secretary for each vessel to which this chapter applies, within 12 months after the Secretary prescribes regulations under this chapter. ``(b) A response plan under this chapter for operations of a vessel may be submitted by-- ``(1) the owner or operator of the vessel, including a person authorized to submit a plan under a contract with the owner or operator pursuant to subsection (c); ``(2) the owner or operator of any facility at which the vessel will be loading or unloading its cargo; or ``(3) a qualified maritime cooperative in which the owner or operator of the vessel is a participating member. ``(c)(1) A person that has contracted with the owner or operator of a vessel to provide containment and cleanup services for operations of the vessel and that meets the standards prescribed by the Secretary under this chapter may submit the response plan required under this chapter for those operations. ``(2) Subject to conditions imposed by the Secretary, a person referred to in paragraph (1) may submit a single plan under this chapter for more than one vessel with respect to which the person is contractually obligated to provide containment and cleanup services. ``(d)(1) A maritime cooperative may submit a response plan under this chapter for a group of vessels owned or operated by members of the cooperative. ``(2) A maritime cooperative shall have a lien on a vessel owned or operated by a member of the cooperative-- ``(A) for any regular operating assessments made by the cooperative with respect to the vessel; and ``(B) for any direct costs incurred by the cooperative in providing oil spill response or oil spill-related communications services for the vessel. ``Sec. 4806. Review and approval of response plans ``(a) In reviewing a response plan submitted under this chapter, the Secretary shall consider, among other matters, the following factors: ``(1) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures, response time, and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment. ``(2) The nature and amount of vessel traffic within the area covered by the plan. ``(3) The volume and type of oil being transported within the area covered by the plan. ``(4) The existence of navigational hazards within the area covered by the plan. ``(5) The history and circumstances surrounding prior spills of oil within the area covered by the plan. ``(6) The sensitivity of fisheries and wildlife and other natural resources within the area covered by the plan. ``(7) Relevant information on previous spills contained in on-scene coordinator reports covered by the plan. ``(8) The extent to which reasonable, cost-effective measures to reduce the likelihood that a spill will occur have been incorporated into the plan. ``(9) The number of covered vessels calling in and the facilities located in the geographic area and the resulting ability of State and local agencies and industry groups to develop, finance, and maintain a response plan and spill response system for those vessels. ``(10) The spill response equipment and resources available to a person providing a response plan for vessels under the response plans filed by the person under State or Federal law for other covered vessels or facilities owned or operated by that person. ``(b) The Secretary may approve a response plan only if the Secretary determines that the plan-- ``(1) meets the requirements established under section 4804 of this title; and ``(2) will ensure, to the maximum extent practicable, removal of oil promptly, properly, and with minimal damage to the environment. ``(c) On approval of a response plan, the Secretary shall issue to the person that submitted the plan a certificate stating that the plan has been approved. The certificate shall include the name of each vessel for which the certificate is issued, the effective date of the plan, and the date by which the plan must be submitted for renewal. ``(d) An owner or operator of a covered vessel or facility shall notify the Secretary in writing immediately of any significant change affecting any response plan approved for the vessel or facility under this chapter, including changes in any factor set forth in this section or regulations prescribed under this section. The Secretary may require the owner or operator to update a response plan as a result of these changes. ``(e) A holder of an approved response plan shall not be considered to have violated the terms of the response plan by furnishing to another person having a response plan approved under this chapter, after notifying the Secretary, equipment, materials or personnel to assist the other person in a response to an oil discharge. ``(f) The Secretary may impose any reasonable term or condition on approval or modification of a response plan under this chapter that the Secretary determines is necessary to ensure that the applicant-- ``(1) has access to sufficient resources to protect environmentally sensitive areas and to prevent, contain, clean up and mitigate potential oil discharges from the vessel to which the plan applies; ``(2) maintains personnel levels sufficient to carry out emergency operations; and ``(3) complies with the response plan. ``(g) The Secretary may not approve or renew a response plan under this chapter unless the plan ensures the use by the applicant of the best technology available at the time the response plan was submitted or renewed. ``(h) The Secretary may require an applicant or a holder of an approved response plan to take steps necessary to demonstrate its ability to carry out the response plan, including-- ``(1) periodic training; ``(2) response team exercises; and ``(3) verification of access to inventories of equipment, supplies, and personnel identified as available in the response plan. ``(i)(1) The Secretary may delegate to a State the authority to approve response plans under this chapter for vessel operations in that State, to the extent that the laws of the State establish response plan requirements that are substantially similar to requirements established by the Secretary under section 4804 of this title. ``(2) This subsection does not authorize the Secretary to delegate to a State the authority to regulate vessel design, construction, equipment, manning, training, or operational requirements. ``(j) The approval of a response plan by the Secretary does not constitute an express assurance regarding the adequacy of the plan or constitute a defense to liability imposed under Federal or State law.''. SEC. 3. LIMITS OF LIABILITY AND CERTIFICATES OF FINANCIAL RESPONSIBILITY FOR NONTANK VESSELS. Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2703) is amended-- (1) by striking ``$600'' and inserting ``$806''; and (2) by striking ``$500,000'' and inserting ``$672,000''. SEC. 4. VOYAGE DATA RECORDERS. Section 3305 of title 46, United States Code, is amended by adding at the end the following: ``(d)(1) A passenger vessel, small passenger vessel, and freight vessel (including a foreign vessel) to which this paragraph applies shall be equipped with a voyage data recorder of a type prescribed by the Secretary. In prescribing the type of voyage data recorder for a vessel, the Secretary shall consider the type, size, and characteristics of the vessel. ``(2) Paragraph (1) of this subsection applies as follows: ``(A) To any small passenger vessel certified by the Secretary to carry more than 100 passengers, a high speed commercial vessel, or a passenger vessel built after June 30, 2002. ``(B) On and after June 30, 2002, to any roll-on-roll-off passenger vessel on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2000. ``(C) On and after January 1, 2004, to any passenger vessel or small passenger vessel on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002. ``(D) On and after January 1, 2004, to any freight vessel of 20,000 or more gross tons, if the vessel was built after June 30, 2002. ``(E) On and after January 1, 2006, to any freight vessel of 3,000 or more gross tons and less than 20,000 gross tons, if the vessel was built after June 30, 2002. ``(F) On and after January 1, 2007, to any freight vessel of 20,000 or more gross tons on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002. ``(G) On and after January 1, 2009, to any freight vessel of 3,000 or more gross tons and less than 20,000 gross tons, on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002.''. SEC. 5. INVESTIGATIONS OF CASUALTY RESPONSE. Section 6301 of title 46, United States Code, is amended-- (1) by inserting ``, and responses to those casualties,'' after ``marine casualties''; and (2) in paragraph (6) by inserting ``or improve the response to future casualties'' after ``recurrence of the casualty''. SEC. 6. AUTOMATED INFORMATION SYSTEM. (a) Transponder Requirement.-- (1) In general.--Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system, in accordance with regulations prescribed by the Secretary of Transportation: (A) Vessels subject to Public Law 92-63. (B) Small passenger vessels carrying more than a number of passengers determined by the Secretary of Transportation. (C) Towing vessels while towing astern or pushing ahead or alongside, except commercial assistance towing vessels rendering assistance to disabled small vessels. (2) Exemption.--The Secretary may exempt a vessel from paragraph (1) if the Secretary finds that a transponder is not necessary for the safe navigation of the vessel on the waters on which the vessel operates. (b) Regulations.--The Secretary of Transportation shall issue regulations implementing subsection (a), including requirements for the operation and maintenance of transponders required under subsection (a). (c) Application.--Subsection (a) shall apply as follows: (1) On and after July 1, 2002, to-- (A) vessels built after that date; and (B) vessels operating within the geographic boundaries of a Vessel Traffic Service. (2) On and after July 1, 2003, to-- (A) passenger vessels; (B) tankers; and (C) towing vessels engaged in moving a tank vessel. (3) On and after July 1, 2005, to all other vessels. SEC. 7. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS. (a) Prohibition.--The Port and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following: ``SEC. 15. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS. ``The Secretary may prohibit the loading or unloading of a vessel in any port or place subject to the jurisdiction of the United States if the vessel is registered in a country that the Secretary finds fails to adequately enforce safety standards prescribed by the International Maritime Organization.''. (b) Review.--Within one year after the date of enactment of this Act, the Secretary shall-- (1) determine the 5 countries having the greatest number of vessels registered in the country that were detained by the Coast Guard in 1999 for violation of a safety standard prescribed by the International Maritime Organization; and (2) review and report to the Congress regarding whether those countries have, since December 31, 1999, adequately enforced safety standards prescribed by such organization. (c) Innocent Passage and Transit Not Affected.--Nothing in this section is intended to prevent entry into waters subject to the jurisdiction of the United States by a vessel under an international agreement to which the United States is a party. SEC. 8. ELIMINATION OF SINGLE HULLS OVER BUNKER TANKS. The Secretary of Transportation shall propose to and seek to negotiate at the International Maritime Organization the elimination of single hull bunker tanks on commercial vessels capable of carrying more than 1,000 barrels of fuel on board. The proposal shall include-- (1) a requirement prohibiting the operation of any such vessel built after January 1, 2004, that has a single hull bunker tank; and (2) a phaseout schedule for such vessels built before that date that have a single hull bunker tank.
summary: Increases the maximum liability of nontank vessels for oil spills to the greater of : (1) $806 (currently $600) per gross ton; or (2) $672,000 (currently $500,000). Requires any passenger vessel, small passenger vessel, and freight vessel (including a foreign vessel) subject to inspection to be equipped with a voyage data recorder of a type prescribed by the Secretary. Requires the Secretary to prescribe regulations for the immediate investigation of responses to marine casualties. Requires certain vessels, including small passenger and towing vessels, to be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system. Authorizes the Secretary to prohibit the loading or unloading of a vessel in any port or place subject to U.S. jurisdiction if the vessel is registered in a country that fails to adequately enforce safety standards prescribed by the International Maritime Organization (IMO). Requires the Secretary to report to Congress on: (1) the five such countries with the greatest number of registered vessels detained by the Coast Guard in 1999 for violation of such safety standards; and (2) whether those countries have, since December 31, 1999, adequately enforced such standards. Directs the Secretary to seek to negotiate at the IMO the elimination of single hull bunker tanks on commercial vessels capable of carrying more than 1,000 barrels of fuel on board.