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S. 1730 · 104th CongressIn committee

Oil Spill Prevention and Response Improvement Act

Latest action. Placed on Senate legislative calendarThe list of measures reported out of committee and eligible for floor action. Being on the calendar is not a promise of a vote.Read the full definition (opens a new tab) under General Orders. Calendar No. 466. · June 26, 1996

Live record from Congress.gov, updated as the official record changes.
What this bill would do
Official summary · Congressional Research Service

TABLE OF CONTENTS: Title I: Enhancement of Oil Spill Prevention Title II: Improvement of Responses to Oil Spills Title III: Tailoring of Offshore Facility Financial Responsibility Requirements to Oil Spill Risks Title IV: Miscellaneous Technical Amendments Oil Spill Prevention and Response Improvement Act - Title I: Enhancement of Oil Spill Prevention - Amends the Oil Pollution Act of 1990 (OPA) to deem effective as final rules, if they do not become effective by specified dates, certain rules proposed by the Secretary of Transportation regarding operational and structural standards applicable to tank vessels over 5,000 gross tons without double hulls, except a provision in the proposed structural standard rule which the Secretary may find would be likely to increase the risks of oil pollution. Adds provisions regarding operational safety of single-hull barges and minimum under-keel clearances of tank vessels without double bottoms for entering or departing port and when operating in an inland or coastal waterway. Permits the Secretary to include these provisions in the final structural standards rule. (Sec. 102) Makes applicable otherwise inapplicable limitations of liability, where the incident was proximately caused by a violation of a Federal safety, construction, or operating regulation, to a responsible party in the case of a vessel that is either: (1) equipped with a double hull along the entire length of the vessel, including fuel oil tanks, as of enactment of this Act; or (2) one that is so equipped and replacing a single-hulled vessel at least five years prior to the required retirement date. (Sec. 103) Requires the Secretary to issue and place in effect a final rule on navigation safety equipment for towing vessels by September 30, 1996. Deems effective as a final rule, if one does not become effective by such date, a proposed rule on such equipment. Directs the Secretary to require by rule the following with respect to towing vessels: (1) a fire suppression system or fire suppression equipment on board; (2) an electronic position fixing device on board; and (3) assurance that regular tests and inspections of equipment are conducted and recorded. (Sec. 104) Requires a study with the National Research Council into how the designation of shipping lanes and waters through which tankers transport oil affects the risk of an oil spill. Directs the Army Corps of Engineers to review a report on Rhode Island waterway dredging and report to the Congress on its feasibility. Directs the Secretary to include in oil and hazardous material lighterage regulations requirements of environmental protection that is as substantial as is economically and technologically feasible. Title II: Improvement of Responses to Oil Spills - Amends OPA to provide, with respect to oil pollution damages resulting from loss of profits or earning capacity, that: (1) recovery may be partial; and (2) payment of interim, short-term damages representing less than the full amount to which the claimant may be entitled does not preclude recovery of damages not reflected in the paid or settled partial claim. Makes related revisions to procedures for making claims, advertising, and subrogation. (Sec. 202) Amends the Federal Water Pollution Control Act (FWPCA) to require the President to issue guidance for Area Committees (under the oil and hazardous substance National Response System) for use in advance planning and decision making regarding closing and reopening of fishing grounds. Modifies provisions concerning State and local cooperation and the contents of Area Contingency Plans to include these considerations. (Sec. 203) Adds to exceptions from appropriation Act limitations amounts made available from the Fund for conducting (current law refers to "initiation") the assessment of natural resources damages. Increases the amount available for such assessments. (Sec. 204) Makes the Fund available for: (1) payment of costs to mitigate or avoid ecological injury; and (2) plugging of idle oil wells that pose a substantial safety or environmental risk under a cost-sharing agreement with the State in which the well is located. Amends FWPCA to require Area Contingency Plans to compile lists of expert local scientists to provide information or participate in a scientific support team convened in response to an oil spill. Amends OPA to require the Under Secretary of Commerce for Oceans and Atmosphere to establish a process to name such a team, all or part of which may be convened in response to a spill. Requires the Interagency Coordinating Committee on Oil Pollution Research to disseminate and compile information on previous spills. Amends FWPCA to require the National Response Unit to maintain and keep in a form readily transmittable to response teams information on the environmental effects of various types of spills and how best to mitigate them. (Sec. 205) Revises FWPCA standards for compliance by owners or operators cooperating in removal actions to allow deviation from the response plan only if this would result in a more expeditious or effective response. Title III: Tailoring of Offshore Facility Financial Responsibility Requirements to Oil Spill Risks - Amends OPA to revise evidence of financial responsibility requirements (EFR) applicable to offshore facilities (other than deepwater ports) to: (1) provide distinctions between facilities located seaward ("seaward facilities") and those located landward ("landward facilities") of a State's seaward boundary; (2) describe features of covered facilities, including that they have a worst case discharge potential of more than 1,000 barrels of oil; (3) replace the blanket $150 million EFR with $35 million and $10 million amounts for seaward facilities and landward facilities, respectively, allowing imposition of an amount not exceeding the greater amount if the President determines this to be justified by the risks posed; and (4) exempt from applicability of EFR a landward facility subject to State requirements comparable in manner to, and equal to or greater in amount than, those of this Act. Title IV: Miscellaneous Technical Amendments - Makes technical amendments.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Reported to Senate with amendment(s)" stage on June 26, 1996. It describes the bill, it is not the legal text.

Status
Introduced
May 7, 1996
In committee
June 26, 1996
Passed a chamber
Cleared Congress
Enacted
Where this sits in the process
Common questions
Composed from the official record
Where is it in the process, and what happens next?

4 steps remain before this bill could become law.

The record's latest action, on June 26, 1996: Placed on Senate Legislative Calendar under General Orders. Calendar No. 466.

  1. Clearing the committees it was referred to, and being scheduled for a floor vote
  2. Passage by the Senate
  3. Passage by the House
  4. The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?

Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.

In the 104th Congress (1995-96), 333 of the 6,806 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.

This one is not there yet: 4 steps are still outstanding, listed above.

Has anyone actually voted on it?

No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.

A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.

Who is behind it?

JOHN CHAFEE (R-RI) introduced it on May 7, 1996, and 4 members have since signed on as cosponsors.

They are 4 Democrats.

Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.

How long has it been in play?

It was introduced on May 7, 1996, 11083 days ago. The most recent recorded action was 11033 days ago, on June 26, 1996.

Measures do not carry over. Anything the 104th Congress has not finished by January 3, 1997 dies when the term ends, and has to be introduced again from the start in the next Congress.

Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.

Vote history

  1. Senate
    In committee, no floor vote yet
  2. House
    Awaits Senate passage
  3. President
    Awaits both chambers
No recorded votes yet
No roll call in this Congress cites this bill. Most bills die in committee without ever reaching a recorded floor vote.