text: 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.
target: 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.
feat_title: Maritime Safety Act of 2000