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S. 524 · Senate bill · 119th Congress
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(a) Salvage and marine firefighting response capability.— Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the following:
“(10) Salvage and marine firefighting response capability.—
(A) In general.— The President, acting through the Secretary of the department in which the Coast Guard is operating unless otherwise delegated by the President, may require—
(i) periodic inspection of vessels and salvage equipment, firefighting equipment, and other major marine casualty response equipment on or associated with vessels;
(ii) periodic verification of capabilities to appropriately, and in a timely manner, respond to a marine casualty, including—
(I) drills, with or without prior notice;
(II) review of contracts and relevant third-party agreements;
(III) testing of equipment;
(IV) review of training; and
(V) other evaluations of marine casualty response capabilities, as determined appropriate by the President; and
(iii) carrying of appropriate response equipment for responding to a marine casualty that employs the best technology economically feasible and that is compatible with the safe operation of the vessel.
(B) Definitions.— In this paragraph:
(i) Marine casualty.— The term “marine casualty” means a marine casualty that is required to be reported pursuant to paragraph (3), (4), or (5) of section 6101 of title 46, United States Code.
(ii) Salvage equipment.— The term “salvage equipment” means any equipment that is capable of being used to assist a vessel in potential or actual danger in order to prevent loss of life, damage or destruction of the vessel or its cargo, or release of its contents into the marine environment.”.
(b) Report to Congress.—
(1) In general.— Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—
(A) the state of marine firefighting authorities, jurisdiction, and plan review; and
(B) other considerations with respect to fires at waterfront facilities (including vessel fires) and vessel fires on the navigable waters (as such term is defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)).
(2) Contents.— In carrying out paragraph (1), the Comptroller General shall—
(A) examine—
(i) collaboration among Federal and non-Federal entities for purposes of reducing the risks to local communities of fires described in paragraph (1);
(ii) the prevalence and frequency of such fires; and
(iii) the extent to which firefighters and marine firefighters are aware of the dangers of lithium-ion battery fires, including lithium-ion batteries used for vehicles, and how to respond to such fires;
(B) review methods of documenting and sharing best practices throughout the maritime community for responding to vessel fires; and
(C) make recommendations for—
(i) preparing for, responding to, and training for such fires;
(ii) clarifying roles and responsibilities of Federal and non-Federal entities in preparing for, responding to, and training for such fires; and
(iii) other topics for consideration.
Section 6308 of title 46, United States Code, is amended—
(1) in subsection (a) by striking “initiated” and inserting “conducted”; and
(2) by adding at the end the following:
“(e) For purposes of this section, an administrative proceeding conducted by the United States includes proceedings under section 7701 and claims adjudicated under section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713).”.
Section 1017 of the Oil Pollution Act of 1990 (33 U.S.C. 2717) is amended by adding at the end the following:
“(g) Timing of review.— Before the date of completion of a removal action, no person may bring an action under this Act, section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), or chapter 7 of title 5, United States Code, challenging any decision relating to such removal action that is made by an on-scene coordinator appointed under the National Contingency Plan.”.
(a) In general.— Not later than 1 year after the date of the enactment of this Act, the National Response Center shall submit to Congress a plan to design, fund, and staff the National Response Center to develop and maintain a web-based application by which the National Response Center may receive notifications of oil discharges or releases of hazardous substances.
(b) Development of application.— Not later than 2 years after the date on which the plan is submitted under subsection (a), the National Response Center shall—
(1) complete development of the application described in such subsection; and
(2) allow notifications described in such subsection that are required under Federal law or regulation to be made online using such application.
(c) Use of application.— In carrying out subsection (b), the National Response Center may not require the notification of an oil discharge or release of a hazardous substance to be made using the application developed under such subsection.
Section 350 of Public Law 106–113 (43 U.S.C. 1474b note) is amended—
(1) by striking paragraph (5);
(2) by redesignating paragraphs (2), (3), (4), (6), and (7) as subsections (c), (d), (e), (f), and (g), respectively, and indenting the subsections appropriately;
(3) in paragraph (1)—
(A) by striking “(1) Notwithstanding any other provision of law and subject to the provisions of paragraphs (5) and (7)” and inserting the following:
“(a) Definitions.— In this section:
(1) Consent decree.— The term “Consent Decree” means the consent decree issued in United States v. Exxon Corporation, et al. (No. A91-082 CIV) and State of Alaska v. Exxon Corporation, et al. (No. A91–083 CIV).
(2) Fund.— The term “Fund” means the Natural Resource Damage Assessment and Restoration Fund established pursuant to title I of the Department of the Interior and Related Agencies Appropriations Act, 1992 (43 U.S.C. 1474b).
(3) Outside account.— The term “outside account” means any account outside the United States Treasury.
(4) Trustee.— The term “Trustee” means a Federal or State natural resource trustee for the Exxon Valdez oil spill.
(b) Deposits.—
(1) In general.— Notwithstanding any other provision of law and subject to subsection (g)”;
(4) in subsection (b)(1) (as so designated)—
(A) in the matter preceding subparagraph (A) by striking “issued in United States v. Exxon Corporation, et al. (No. A91–082 CIV) and State of Alaska v. Exxon Corporation, et al. (No. A91–083 CIV) (hereafter referred to as the “Consent Decree”),”;
(B) by striking subparagraphs (A) and (B) and inserting the following:
“(A) the Fund;
(B) an outside account; or”; and
(C) in the undesignated matter following subparagraph (C)—
(i) by striking “the Federal and State natural resource trustees for the Exxon Valdez oil spill (“trustees”)” and inserting “the Trustees”; and
(ii) by striking “Any funds” and inserting the following:
“(2) Requirement for deposits in outside accounts.— Any funds”;
(5) in subsection (c) (as redesignated by paragraph (2)) by striking “(c) Joint” and inserting the following:
“(c) Transfers.— Any joint”;
(6) in subsection (d) (as redesignated by paragraph (2)) by striking “(d) The transfer” and inserting the following:
“(d) No effect on jurisdiction.— The transfer”;
(7) in subsection (e) (as redesignated by paragraph (2))—
(A) by striking “(e) Nothing herein shall affect” and inserting the following:
“(e) Effect on other law.— Nothing in this section affects”; and
(B) by striking “trustees” and inserting “Trustees”;
(8) in subsection (f) (as redesignated by paragraph (2))—
(A) by striking “(f) The Federal trustees and the State trustees” and inserting the following:
“(f) Grants.— The Trustees”; and
(B) by striking “this program” and inserting “this section, prioritizing the issuance of grants to facilitate habitat protection and habitat restoration programs”; and
(9) in subsection (g) (as redesignated by paragraph (2))—
(A) in the second sentence, by striking “Upon the expiration of the authorities granted in this section all” and inserting the following:
“(2) Return of funds.— On expiration of the authority provided in this section, all”; and
(B) by striking “(g) The authority” and inserting the following:
“(g) Expiration.—
(1) In general.— The authority”.