I 

116TH CONGRESS 

1ST SESSION H. R. 2352 

To improve the ability of the National Oceanic and Atmospheric Administration, the Coast Guard, and coastal States to sustain healthy ocean 

and coastal ecosystems by maintaining and sustaining their capabilities 

relating to oil spill preparedness, prevention, and response, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2019 

Ms. WASSERMAN SCHULTZ (for herself, Ms. MUCARSEL-POWELL, Mr. 

BUCHANAN, and Mr. GAETZ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Natural Resources, and Science, Space, and 

Technology, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve the ability of the National Oceanic and Atmospheric Administration, the Coast Guard, and coastal 

States to sustain healthy ocean and coastal ecosystems 

by maintaining and sustaining their capabilities relating 

to oil spill preparedness, prevention, and response, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Marine Oil Spill Prevention Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—IMPROVING MARINE OIL SPILL PREVENTION 

CAPABILITIES 

Sec. 101. Coordination between National Oceanic and Atmospheric Administration, Coast Guard, and Department of the Interior on oil spill 

matters. 

Sec. 102. Strengthening coastal State oil spill planning and response. 

Sec. 103. Moratorium on oil and natural gas preleasing, leasing, and related activities in certain areas off the coast of Florida. 

Sec. 104. Coast Guard inspections. 

Sec. 105. Navigational measures for protection of natural resources. 

Sec. 106. Gulf Coast Regional Citizens’ Advisory Council. 

Sec. 107. Vessel as responsible party. 

Sec. 108. Transportation and commerce aspects of outer Continental Shelf 

lands. 

TITLE II—IMPROVING MARINE OIL SPILL PREPAREDNESS 

Sec. 201. Improvements to National Oceanic and Atmospheric Administration 

oil spill response, containment, and prevention. 

Sec. 202. Coast Guard response plan requirements. 

Sec. 203. Oil spill technology evaluation. 

Sec. 204. Safety management system requirements for mobile offshore drilling 

units. 

Sec. 205. Gulf of Mexico long-term marine environmental monitoring and research program. 

Sec. 206. Use of oil spill liability trust fund for expenses of National Oceanic 

and Atmospheric Administration. 

Sec. 207. Notice to States of bulk oil transfers. 

Sec. 208. Coast Guard research and development. 

TITLE III—IMPROVING MARINE OIL SPILL RESPONSE 

CAPABILITIES 

Sec. 301. Prompt publication of oil spill information. 

Sec. 302. Coordination of Federal, State, and local activities with respect to oil 

spill surveys. 


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1 TITLE I—IMPROVING MARINE 

2 OIL SPILL PREVENTION CA3 PABILITIES 

4 SEC. 101. COORDINATION BETWEEN NATIONAL OCEANIC 

5 AND ATMOSPHERIC ADMINISTRATION, COAST 

6 GUARD, AND DEPARTMENT OF THE INTERIOR 

7 ON OIL SPILL MATTERS. 

8 (a) OUTER CONTINENTAL SHELF LEASING PRO9 GRAM.—Section 18 of the Outer Continental Shelf Lands 

10 Act (43 U.S.C. 1344) is amended— 

11 (1) in subsection (c)— 

12 (A) in paragraph (1), by striking ‘‘from 

13 any interested Federal agency, including the 

14 Attorney General’’ and inserting ‘‘from the 

15 head of any interested Federal department or 

16 agency, including the Secretary of Commerce, 

17 the Secretary of the department in which the 

18 Coast Guard is operating, and the Attorney 

19 General’’; and 

20 (B) in paragraph (3), by striking ‘‘Within 

21 nine months after the date of the enactment of 

22 this section, the Secretary shall submit a pro23 posed leasing program to the Congress, the At24 torney General,’’ and inserting ‘‘The Secretary 

25 shall submit any proposed leasing program to 


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1 the Congress, the head of each interested Fed2 eral department or agency described in para3 graph (1), the Attorney General,’’; 

4 (2) in subsection (d)— 

5 (A) in paragraph (1), by striking ‘‘pro6 posed leasing program,’’ in the first sentence 

7 and all that follows through the end of the 

8 paragraph and inserting ‘‘proposed leasing pro9 gram— 

10 ‘‘(A) the Attorney General, after consulta11 tion with the Federal Trade Commission, may 

12 submit comments on the anticipated effects of 

13 the proposed program on competition; 

14 ‘‘(B) the Secretary of Commerce may sub15 mit comments on the anticipated effects of the 

16 proposed program on the human, marine, and 

17 coastal environments, including the likelihood of 

18 occurrence and potential severity of spills and 

19 chronic pollution; 

20 ‘‘(C) the Secretary of the department in 

21 which the Coast Guard is operating may submit 

22 comments on the adequacy of the response ca23 pabilities of the Federal Government for spills 

24 and chronic pollution that may occur as a result 

25 of the proposed program; and 


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1 ‘‘(D) any State, local government, or other 

2 person may submit comments and recommenda3 tions as to any aspect of the proposed pro4 gram.’’; 

5 (B) in paragraph (2), by striking ‘‘Attor6 ney General’’ and inserting ‘‘Attorney General, 

7 the Secretary of Commerce, the Secretary of 

8 the department in which the Coast Guard is op9 erating,’’; and 

10 (C) in paragraph (3), by striking ‘‘or after 

11 eighteen months following the date of the enact12 ment of this section, whichever first occurs,’’; 

13 (3) in subsection (e), by striking ‘‘He’’ and in14 serting ‘‘The Secretary’’; and 

15 (4) in subsection (h)— 

16 (A) by striking ‘‘nonpriviledged’’ and in17 serting ‘‘nonprivileged’’; 

18 (B) by striking ‘‘he requests to assist him’’ 

19 and inserting ‘‘the Secretary requests to assist 

20 the Secretary’’; and 

21 (C) by striking ‘‘he requests to assist him’’ 

22 and inserting ‘‘the Secretary requests to assist 

23 the Secretary’’. 


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1 (b) ENVIRONMENTAL STUDIES.—Section 20(f) of the 

2 Outer Continental Shelf Lands Act (43 U.S.C. 1346(f)) 

3 is amended— 

4 (1) by striking ‘‘In executing his’’ and inserting 

5 ‘‘(1) IN GENERAL.—In executing the’’ and indenting 

6 accordingly; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) NATIONAL OCEANIC AND ATMOSPHERIC

9 ADMINISTRATION.— 

10 ‘‘(A) IN GENERAL.—In addition to any 

11 other requirement under law, the Secretary, be12 fore the approval of any program, lease, explo13 ration plan, or development and production 

14 plan, shall consult with the Administrator of 

15 the National Oceanic and Atmospheric Admin16 istration (referred to in this paragraph as the 

17 ‘Administrator’) on any reasonably foreseeable 

18 adverse effects of the proposed action, including 

19 oil spills, on ocean and coastal resources. 

20 ‘‘(B) INITIATION OF CONSULTATION.— 

21 ‘‘(i) IN GENERAL.—The Secretary 

22 shall consult the Administrator under sub23 paragraph (A) as soon as practicable, but 

24 not later than 90 days before the date of 

25 approval of the proposed action. 


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1 ‘‘(ii) PROVISION OF INFORMATION.— 

2 When consulting the Administrator under 

3 subparagraph (A), the Secretary shall pro4 vide to the Administrator— 

5 ‘‘(I) information describing the 

6 nature, location, and duration of the 

7 proposed action; and 

8 ‘‘(II) a description of all reason9 ably foreseeable adverse effects on 

10 ocean and coastal resources. 

11 ‘‘(C) ALTERNATIVES.— 

12 ‘‘(i) IN GENERAL.—At any time be13 fore the date that is 45 days before the ap14 proval of the proposed action, the Adminis15 trator may recommend to the Secretary al16 ternatives to any proposed action, includ17 ing measures that will prevent or minimize 

18 reasonably foreseeable adverse effects on 

19 ocean and coastal resources. 

20 ‘‘(ii) SECRETARIAL ACTION.—The 

21 Secretary shall incorporate into the ap22 proval for the proposed action any alter23 native or mitigation measure recommended 

24 under clause (i), unless the Secretary— 


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1 ‘‘(I) determines that the alter2 native or mitigation measure is not 

3 necessary to prevent or minimize rea4 sonably foreseeable adverse effects on 

5 marine and coastal resources; and 

6 ‘‘(II) notifies the Administrator 

7 in writing of the reasons for the deter8 mination under subclause (I).’’. 

9 SEC. 102. STRENGTHENING COASTAL STATE OIL SPILL 

10 PLANNING AND RESPONSE. 

11 The Coastal Zone Management Act of 1972 (16 

12 U.S.C. 1451 et seq.) is amended by adding at the end 

13 the following: 

14 ‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL 

15 PLANNING AND RESPONSE. 

16 ‘‘(a) GRANTS TO COASTAL STATES.—The Secretary 

17 may make grants to eligible coastal States— 

18 ‘‘(1) to revise management programs approved 

19 under section 306 and National Estuarine Research 

20 Reserves approved under section 315 to identify and 

21 implement new enforceable policies and procedures 

22 to ensure sufficient response capabilities at the State 

23 level to address the environmental, economic, and so24 cial impacts of oil spills or other accidents resulting 

25 from Outer Continental Shelf energy activities with 


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1 the potential to affect land or water use or natural 

2 resources of the coastal zone; and 

3 ‘‘(2) to review and revise as necessary applica4 ble enforceable policies within approved coastal State 

5 management programs affecting coastal energy ex6 ploration or development activities, including geologi7 cal and geophysical activities, to ensure that these 

8 policies are consistent with— 

9 ‘‘(A) other emergency response plans and 

10 policies developed under Federal or State law to 

11 address the impacts and accidents described in 

12 paragraph (1); and 

13 ‘‘(B) the new policies and procedures de14 veloped under paragraph (1). 

15 ‘‘(b) ELEMENTS.—In developing new enforceable 

16 policies and procedures with grants under subsection (a), 

17 an eligible coastal State shall consider— 

18 ‘‘(1) other existing emergency response plans 

19 and policies developed under other Federal or State 

20 law, to address the impacts and accidents described 

21 in paragraph (1), that affect the coastal zone; 

22 ‘‘(2) the identification of critical infrastructure 

23 essential to facilitate oil spill or accident response 

24 activities; 


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1 ‘‘(3) the identification of coordination, logistics, 

2 and communication networks between Federal and 

3 State government agencies, and between State agen4 cies and affected local communities, to ensure the ef5 ficient and timely dissemination of data and other 

6 information; 

7 ‘‘(4) the inventories of shore locations and in8 frastructure and equipment necessary to respond to, 

9 or monitor environmental impacts of, oil spills or 

10 other accidents resulting from Outer Continental 

11 Shelf energy activities; 

12 ‘‘(5) the identification and characterization of 

13 significant or sensitive marine ecosystems or other 

14 areas possessing important conservation, rec15 reational, ecological, historic, economic, or aesthetic 

16 values; 

17 ‘‘(6) the inventories and surveys of shore loca18 tions and infrastructure capable of supporting alter19 native energy development; 

20 ‘‘(7) the observation and data collection capa21 bilities necessary to assess ocean conditions before, 

22 during, and after an oil spill or other adverse inci23 dent resulting from Outer Continental Shelf energy 

24 activities; and 


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1 ‘‘(8) other information or actions as may be 

2 necessary to address the environmental, economic, 

3 and social impacts of oil spills or other adverse inci4 dents resulting from Outer Continental Shelf energy 

5 activities. 

6 ‘‘(c) GUIDELINES.—Not later than 180 days after the 

7 date of the enactment of the Marine Oil Spill Prevention 

8 Act, the Secretary, after consultation with the coastal 

9 States, shall publish guidelines for the application for and 

10 use of grants under this section. 

11 ‘‘(d) PARTICIPATION.—An eligible coastal State shall 

12 develop new enforceable policies and procedures under this 

13 section in accordance with section 306(d)(1) and amend 

14 or modify any new enforceable policies or procedures in 

15 accordance with section 306(e). 

16 ‘‘(e) ANNUAL GRANTS.— 

17 ‘‘(1) IN GENERAL.—For each of fiscal years 

18 2022 through 2024, the Secretary may make a 

19 grant to a coastal State to develop new enforceable 

20 policies and procedures under this section. 

21 ‘‘(2) GRANT AMOUNTS AND LIMIT ON

22 AWARDS.—The amount of any grant to any coastal 

23 State under this section shall not exceed $750,000 

24 for any fiscal year. 


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1 ‘‘(3) NO STATE MATCHING CONTRIBUTION RE2 QUIRED.—A coastal State shall not be required to 

3 contribute any portion of the cost of a grant award4 ed under this section. 

5 ‘‘(4) TRANSFER OF FUNDS.—A coastal State 

6 that receives a grant under this section may transfer 

7 grant funds to an appropriate agency of the coastal 

8 State. 

9 ‘‘(5) SECRETARIAL REVIEW AND LIMIT ON

10 AWARDS.—After an initial grant is made to a coastal 

11 State under this section, no subsequent grant may 

12 be made to that coastal State under this section un13 less the Secretary finds that the coastal State is sat14 isfactorily developing revisions to address the im15 pacts and accidents described in subsection (a)(1). 

16 No coastal State is eligible to receive grants under 

17 this section for more than 2 fiscal years. 

18 ‘‘(f) APPLICABILITY.—The requirements of this sec19 tion shall only apply if appropriations are provided to the 

20 Secretary to make grants under this section. 

21 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed to convey any new authority to any 

23 coastal State, or repeal or supersede any existing authority 

24 of any coastal State, to regulate the siting, licensing, leas25 ing, or permitting of alternative energy facilities in areas 


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1 of the Outer Continental Shelf under the administration 

2 of the Federal Government. Nothing in this section repeals 

3 or supersedes any existing coastal State authority. 

4 ‘‘(h) ASSISTANCE BY THE SECRETARY.—The Sec5 retary, as authorized under section 310(a) and to the ex6 tent practicable, shall make available to coastal States the 

7 resources and capabilities of the National Oceanic and At8 mospheric Administration to provide technical assistance 

9 to the coastal States to prepare revisions to approved man10 agement programs to meet the requirements under this 

11 section.’’. 

12 SEC. 103. MORATORIUM ON OIL AND NATURAL GAS 

13 PRELEASING, LEASING, AND RELATED AC14 TIVITIES IN CERTAIN AREAS OFF THE COAST 

15 OF FLORIDA. 

16 Section 18 of the Outer Continental Shelf Lands Act 

17 (43 U.S.C. 1344) is amended by adding at the end the 

18 following: 

19 ‘‘(i) MORATORIUM ON OIL AND NATURAL GAS

20 PRELEASING, LEASING, AND RELATED ACTIVITIES IN

21 CERTAIN AREAS OFF THE COAST OF FLORIDA.—Not22 withstanding any other provision of this section or any 

23 other law, the Secretary may not offer for oil and gas leas24 ing or preleasing or any related activity, any tract located 

25 in— 


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1 ‘‘(1) any area of the Eastern Gulf of Mexico 

2 that is referred to in section 104(a) of the Gulf of 

3 Mexico Energy Security Act of 2006; 

4 ‘‘(2) the portion of the South Atlantic Planning 

5 Area south of 30 degrees 43 minutes North Lati6 tude; or 

7 ‘‘(3) the Straits of Florida Planning Area.’’. 

8 SEC. 104. COAST GUARD INSPECTIONS. 

9 (a) IN GENERAL.—The Secretary of the department 

10 in which the Coast Guard is operating shall increase the 

11 frequency and comprehensiveness of safety inspections of 

12 all United States and foreign-flag tank vessels that enter 

13 a United States port or place, including increasing the fre14 quency and comprehensiveness of inspections of vessel age, 

15 hull configuration, and past violations of any applicable 

16 discharge and safety regulations under United States and 

17 international law that may indicate that the class societies 

18 inspecting such vessels may be substandard, and other fac19 tors relevant to the potential risk of an oil spill. 

20 (b) ENHANCED VERIFICATION OF STRUCTURAL CON21 DITION.—The Secretary of the department in which the 

22 Coast Guard is operating shall adopt, as part of the Sec23 retary’s inspection requirements for tank vessels, addi24 tional procedures for enhancing the verification of the re25 ported structural condition of such vessels, taking into acVerDate Sep 11 2014 20:52 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352

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1 count the Condition Assessment Scheme adopted by the 

2 International Maritime Organization by Resolution 94(46) 

3 on April 27, 2001, as amended and consolidated. 

4 SEC. 105. NAVIGATIONAL MEASURES FOR PROTECTION OF 

5 NATURAL RESOURCES. 

6 (a) DESIGNATION OF AT-RISK AREAS.— 

7 (1) IN GENERAL.—The Commandant of the 

8 Coast Guard, in consultation with the Under Sec9 retary for Oceans and Atmosphere, shall identify 

10 areas in waters subject to the jurisdiction of the 

11 United States, including the exclusive economic zone 

12 (as established by Presidential Proclamation Num13 bered 5030 of March 10, 1983 (16 U.S.C. 1453 

14 note)), in which routing or other navigational meas15 ures are warranted to reduce the risk of oil spills 

16 and potential damage to natural resources. 

17 (2) CONSIDERATIONS.—In identifying the areas 

18 described in paragraph (1), the Commandant shall 

19 give priority consideration to natural resources of 

20 particular ecological importance or economic impor21 tance, including— 

22 (A) commercial fisheries; 

23 (B) aquaculture facilities; 


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1 (C) marine sanctuaries designated by the 

2 Secretary of Commerce under the National Ma3 rine Sanctuaries Act (16 U.S.C. 1431 et seq.); 

4 (D) estuaries of national significance des5 ignated under section 320 of the Federal Water 

6 Pollution Control Act (33 U.S.C. 1330); 

7 (E) critical habitat, as defined in section 

8 3(5) of the Endangered Species Act of 1973 

9 (16 U.S.C. 1532(5)); 

10 (F) estuarine research reserves within the 

11 National Estuarine Research Reserve System 

12 established by section 315 of the Coastal Zone 

13 Management Act of 1972 (16 U.S.C. 1461); 

14 and 

15 (G) national parks and national seashores 

16 administered by the National Park Service 

17 under the National Park Service Organic Act 

18 (16 U.S.C. 1 et seq.). 

19 (b) FACTORS CONSIDERED.—In determining whether 

20 navigational measures are warranted for an area identified 

21 under subsection (a), the Commandant and the Under 

22 Secretary shall consider, at a minimum— 

23 (1) the frequency of transits of vessels that are 

24 required to prepare a response plan under section 


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1 311(j) of the Federal Water Pollution Control Act 

2 (33 U.S.C. 1321(j)); 

3 (2) the type and quantity of oil transported as 

4 cargo or fuel; 

5 (3) the expected benefits of routing measures in 

6 reducing risks of spills; 

7 (4) the costs of such measures; 

8 (5) the safety implications of such measures; 

9 and 

10 (6) the nature and value of the resources to be 

11 protected by such measures. 

12 (c) ESTABLISHMENT OF ROUTING AND OTHER NAVI13 GATIONAL MEASURES.—The Commandant shall establish 

14 routing or other navigational measures for areas identified 

15 under subsection (a). 

16 (d) ESTABLISHMENT OF AREAS TO BE AVOIDED.— 

17 To the extent that the Commandant and the Under Sec18 retary identify areas in which navigational measures are 

19 warranted for an area under subsection (a), the Secretary 

20 of Commerce and the Under Secretary shall seek to estab21 lish such areas through the International Maritime Orga22 nization or establish comparable areas pursuant to regula23 tions and in a manner that is consistent with international 

24 law. 

25 (e) OIL SHIPMENT DATA AND REPORT.— 


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1 (1) DATA COLLECTION.—The Commandant, in 

2 consultation with the Chief of Engineers of the 

3 United States Army, shall analyze data on oil trans4 ported as cargo on vessels in the navigable waters of 

5 the United States, including information on— 

6 (A) the quantity and type of oil being 

7 transported; 

8 (B) the vessels used for such transpor9 tation; 

10 (C) the frequency with which each type of 

11 oil is being transported; and 

12 (D) the point of origin, transit route, and 

13 destination of each such shipment of oil. 

14 (2) QUARTERLY REPORT.— 

15 (A) REQUIREMENT FOR QUARTERLY RE16 PORT.—The Secretary of Commerce, not less 

17 frequently than once each calendar quarter, 

18 shall submit to the Committee on Commerce, 

19 Science, and Transportation of the Senate and 

20 the Committee on Energy and Commerce of the 

21 House of Representatives a report on the data 

22 collected and analyzed under paragraph (1). 

23 (B) FORMAT.—Each report submitted 

24 under subparagraph (A) shall be submitted in 


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1 a format that does not disclose information ex2 empted from disclosure. 

3 SEC. 106. GULF COAST REGIONAL CITIZENS’ ADVISORY 

4 COUNCIL. 

5 (a) IN GENERAL.—Subtitle A of title IV of the Oil 

6 Pollution Act of 1990 (Public Law 115–282) is amended 

7 by adding at the end the following: 

8 ‘‘SEC. 4119. GULF COAST REGIONAL CITIZENS’ ADVISORY 

9 COUNCIL. 

10 ‘‘(a) ESTABLISHMENT.—There is established a Gulf 

11 Coast Regional Citizens’ Advisory Council. 

12 ‘‘(b) MEMBERSHIP.—The Council shall be composed 

13 of voting members and nonvoting members, as follows: 

14 ‘‘(1) VOTING MEMBERS.—The Secretary of the 

15 department in which the Coast Guard is operating 

16 shall appoint 5 voting members from each Gulf 

17 Coast State, one to represent each of the following 

18 interests from each Gulf Coast State. 

19 ‘‘(A) Commercial fin fish and shellfish in20 dustry organizations, the members of which de21 pend on the marine fisheries resources of the 

22 State. 

23 ‘‘(B) Recreational fishing industry organi24 zations, the members of which depend on the 

25 marine fisheries resources of the State. 


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1 ‘‘(C) Restaurant, hotel, and tourism indus2 try organizations, the members of which depend 

3 upon the beaches, dunes, barrier islands, wet4 lands, estuaries, bayous, sounds, bays, lagoons, 

5 reefs, fish, wildlife, or other coastal resources of 

6 the State. 

7 ‘‘(D) Marine and coastal conservation or8 ganizations, members of which reside in the 

9 State. 

10 ‘‘(E) Counties or parishes, and incor11 porated and unincorporated municipalities of 

12 the State. 

13 ‘‘(2) NONVOTING MEMBERS.—One ex officio, 

14 nonvoting representative shall be designated by, and 

15 represent, each of the following on the Council: 

16 ‘‘(A) The Coast Guard. 

17 ‘‘(B) The Environmental Protection Agen18 cy. 

19 ‘‘(C) The National Oceanic and Atmos20 pheric Administration. 

21 ‘‘(D) The Bureau of Safety and Environ22 mental Enforcement. 

23 ‘‘(E) The Office of Pipeline Safety. 


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1 ‘‘(F) The lead maritime environmental and 

2 natural resources management and enforcement 

3 agency of each of the Gulf Coast States. 

4 ‘‘(G) The maritime or shipping industry. 

5 ‘‘(H) The energy industry. 

6 ‘‘(3) GEOGRAPHIC BALANCE.—Voting and non7 voting members shall be drawn equally from the 

8 States represented on the Council. 

9 ‘‘(c) INITIAL FORMATION.—Not later than 90 days 

10 after the date of the enactment of the Marine Oil Spill 

11 Prevention Act, the Secretary of the department in which 

12 the Coast Guard is operating shall appoint the initial vot13 ing members of the Council and call the first meeting of 

14 the Council. 

15 ‘‘(d) TERMS.— 

16 ‘‘(1) DURATION OF THE COUNCIL.—The dura17 tion of the Council shall be throughout the lifetime 

18 of energy exploration, development, production, 

19 transportation, and facility removal activities in one 

20 or more of the Gulf Coast States, and throughout 

21 the lifetime of such activities in the Gulf of Mexico. 

22 ‘‘(2) TERMS OF VOTING MEMBERS.— 

23 ‘‘(A) IN GENERAL.—The voting members 

24 of the Council shall be appointed for a term of 


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1 3 years, except as provided in subparagraph 

2 (B). 

3 ‘‘(B) TERMS OF INITIAL APPOINTEES.— 

4 The terms of service of voting members initially 

5 appointed by the Secretary of the department in 

6 which the Coast Guard is operating shall be es7 tablished by a drawing of lots, under which— 

8 ‘‘(i) 9 of the voting members shall 

9 serve for 3 years; 

10 ‘‘(ii) 9 of the voting members shall 

11 serve for 2 years; and 

12 ‘‘(iii) 7 of the voting members shall 

13 serve for 1 year. 

14 ‘‘(e) GOVERNANCE.— 

15 ‘‘(1) IN GENERAL.—The Council shall elect a 

16 chairperson, select staff, and make policies with re17 gard to internal operating procedures. 

18 ‘‘(2) SELF-GOVERNING.—After the initial orga19 nizational meeting called by the Secretary of the de20 partment in which the Coast Guard is operating, the 

21 Council shall be self-governing and shall hold meet22 ings thereafter at least once each year. 

23 ‘‘(3) TRANSPARENCY.—The Council shall— 

24 ‘‘(A) conduct the operations of the Council 

25 in public, to the maximum extent practicable; 


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1 ‘‘(B) make all work product adopted by the 

2 Council available to the public; 

3 ‘‘(C) hold at least 1 meeting each year that 

4 is open to the public, and for each such meeting 

5 provide notice to the public at least 30 days be6 fore such meeting; and 

7 ‘‘(D) maintain a freely accessible website 

8 on which it shall make available to the public, 

9 at a minimum— 

10 ‘‘(i) recommendations made by the 

11 Council, together with information as to 

12 whether or not the recommendations were 

13 adopted and, if not, an explanation of why 

14 they were not adopted; 

15 ‘‘(ii) a description of matters cur16 rently under review by the Council, without 

17 disclosing any private, confidential, or priv18 ileged information consistent with applica19 ble law; 

20 ‘‘(iii) a statement of industry stand21 ards; and 

22 ‘‘(iv) an interactive component 

23 through which the general public may sub24 mit questions and comments and report 

25 matters of interest. 


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1 ‘‘(4) CONFLICTS OF INTEREST.—An individual 

2 appointed as a voting member of the Council may 

3 not engage in any activity that may conflict with the 

4 execution of the functions or duties of the individual 

5 as a Council member. 

6 ‘‘(f) DUTIES.— 

7 ‘‘(1) IN GENERAL.—The Council shall, with re8 gard to the activities, operation, and maintenance of 

9 facilities and tank vessels in the Gulf Coast States 

10 and the Gulf of Mexico— 

11 ‘‘(A) provide advice and recommendations 

12 to covered persons, relevant Federal agencies, 

13 and Gulf Coast States regarding applicable poli14 cies, permits, operations, and regulations; 

15 ‘‘(B) monitor impacts on marine and 

16 coastal ecosystems; 

17 ‘‘(C) monitor relevant oil spill prevention 

18 and response plans, including plans relating to 

19 blowout prevention and response; and 

20 ‘‘(D) recommend standards and conditions 

21 for regulations intended to ensure safety of life 

22 and property and minimize negative impacts on 

23 marine and coastal ecosystems. 

24 ‘‘(2) GEOGRAPHIC SCOPE.—The Council shall 

25 carry out the duties described in paragraph (1) in a 


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1 manner that, to the extent practicable, covers all ac2 tivities, operation, and maintenance of facilities and 

3 tank vessels occurring in Gulf Coast States and the 

4 Gulf of Mexico. 

5 ‘‘(g) ESTOPPEL.—The Council is not liable under 

6 Federal or State law for costs or damages resulting from 

7 the discharge of its duties. No advice given by a voting 

8 member of the Council, or by a program representative 

9 or agent, shall be grounds for estopping the interests rep10 resented by voting Council members from seeking dam11 ages or other appropriate relief. 

12 ‘‘(h) SCIENTIFIC WORK.—In carrying out its duties, 

13 the Council— 

14 ‘‘(1) may conduct applicable scientific research; 

15 and 

16 ‘‘(2) shall review applicable scientific work un17 dertaken by or on behalf of the energy industry, con18 servation organizations, or government agencies. 

19 ‘‘(i) STANDING COMMITTEES.—The Council may cre20 ate standing committees as necessary to carry out the du21 ties described in subsection (f), including— 

22 ‘‘(1) a scientific and technical committee; 

23 ‘‘(2) an environmental monitoring committee; 

24 ‘‘(3) an oil spill prevention and response com25 mittee; 


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1 ‘‘(4) an offshore monitoring committee to mon2 itor activities in waters of the Gulf of Mexico that 

3 are more than 500 feet in depth; and 

4 ‘‘(5) a coastal monitoring committee to monitor 

5 activities on the coast of the Gulf of Mexico and in 

6 waters of the Gulf of Mexico that are 500 feet or 

7 less in depth. 

8 ‘‘(j) AGENCY COOPERATION.— 

9 ‘‘(1) INFORMATION.—The Council may request 

10 directly from any Federal agency, and upon such re11 quest each Federal agency shall furnish to the Coun12 cil to the extent authorized by law, information, sug13 gestions, estimates, and statistics, for the purpose of 

14 fulfilling its duties under subsection (f). 

15 ‘‘(2) CONSULTATION.— 

16 ‘‘(A) IN GENERAL.—For any Federal 

17 agency action with respect to a permit, site-spe18 cific regulation, or other matter governing mat19 ters within the purview of the Council taken 

20 more than 180 days after the date of the enact21 ment of this Act, such agency shall consult with 

22 the Council before taking such action. 

23 ‘‘(B) REVIEW.—A Federal agency con24 sultation required by this paragraph shall be 

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1 cil to review such agency action and make ap2 propriate recommendations consistent with its 

3 duties. 

4 ‘‘(C) EMERGENCIES.—No consultation 

5 shall be required under this paragraph if an au6 thorized representative of a Federal agency rea7 sonably believes that an emergency exists re8 quiring action without delay. 

9 ‘‘(k) RECOMMENDATIONS OF THE COUNCIL.— 

10 ‘‘(1) IN GENERAL.—All recommendations of the 

11 Council shall be advisory only. 

12 ‘‘(2) RESPONSE TO RECOMMENDATIONS.—If a 

13 covered person decides not to adopt, or decides to 

14 adopt with substantial modification, a recommenda15 tion of the Council, then the covered person shall 

16 provide to the Council, not later than 10 days after 

17 the date of such decision, written notice of the deci18 sion and a written explanation of the reason or rea19 sons for the decision. 

20 ‘‘(l) LOCATION AND COMPENSATION.— 

21 ‘‘(1) LOCATION.—The Council shall establish 

22 offices in one or more of the Gulf Coast States, as 

23 the Council determines to be necessary and appro24 priate to the execution of its duties. 


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1 ‘‘(2) COMPENSATION.—A member of the Coun2 cil may not be compensated for service on the Coun3 cil, but shall be allowed travel expenses, including 

4 per diem, at a rate established by the Council, which 

5 may not exceed the rates authorized for employees 

6 of agencies under sections 5702 and 5703 of title 5, 

7 United States Code, except by express authorization 

8 of the Council in a case in which the rates are inad9 equate to reimburse a member not eligible for travel 

10 rates of the Federal Government. 

11 ‘‘(m) FUNDING.— 

12 ‘‘(1) REQUIREMENT.—Approval of the contin13 gency plans required of covered persons under this 

14 Act shall be effective only so long as the Council is 

15 funded under paragraph (2). 

16 ‘‘(2) CONTRIBUTIONS BY COVERED PERSONS.— 

17 Covered persons shall provide, on an annual basis, 

18 an aggregate amount of not more than $10,000,000, 

19 as determined by the Secretary of the department in 

20 which the Coast Guard is operating, that shall pro21 vide for the establishment and ongoing operation of 

22 the Council, and shall be adjusted annually to reflect 

23 changes in the Consumer Price Index in the Gulf 

24 Coast States. 

25 ‘‘(n) INDEPENDENT AUDITS; REPORTS.— 


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1 ‘‘(1) ANNUAL AUDITS.—The Council shall com2 mission an annual independent financial statement 

3 audit by an independent accounting firm and publish 

4 the results in a publicly available annual report. 

5 ‘‘(2) BIENNIAL COUNCIL REPORT.—Not later 

6 than 2 years after the date of establishment of the 

7 Council, and biennially thereafter, the Council shall 

8 submit to the Committee on Commerce, Science, and 

9 Transportation of the Senate and the Committee on 

10 Transportation and Infrastructure of the House of 

11 Representatives a report that includes— 

12 ‘‘(A) the significant achievements of the 

13 Council with respect to its duties; 

14 ‘‘(B) the unresolved problems or concerns 

15 with operations, activities, or plans; 

16 ‘‘(C) the Council operations and expendi17 tures, needs, issues, and recommendations; and 

18 ‘‘(D) the annual independent audits re19 quired under paragraph (1). 

20 ‘‘(3) GAO REPORT.—Not later than 3 years 

21 after the date of establishment of the Council, and 

22 thereafter as necessary, the Comptroller General of 

23 the United States shall submit to the Committee on 

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1 structure of the House of Representatives a report 

2 covering the operations and expenditures of the 

3 Council in carrying out this section, including any 

4 recommendations the Comptroller deems appro5 priate. 

6 ‘‘(o) SUITES BARRED.—Neither the Council nor any 

7 committee, program, association, or other organization 

8 created by or under the authority of this section may sue 

9 a public or private person or entity concerning any matter 

10 arising under this section other than the performance of 

11 a contract. 

12 ‘‘(p) DEFINITIONS.—In this section: 

13 ‘‘(1) COUNCIL.—The term ‘Council’ means the 

14 Gulf Coast Regional Citizens’ Advisory Council es15 tablished under subsection (a). 

16 ‘‘(2) COVERED PERSON.—The term ‘covered 

17 person’ means an owner or operator of a facility, an 

18 owner or operator of a tank vessel, a lessee, or a 

19 permittee. 

20 ‘‘(3) FEDERAL AGENCY.—The term ‘Federal 

21 agency’ means any department, agency, or other in22 strumentality of the Federal Government, any inde23 pendent agency or establishment of the Federal Gov24 ernment including any Government corporation, and 

25 the Government Publishing Office. 


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1 ‘‘(4) GULF COAST STATES.—The term ‘Gulf 

2 Coast States’ means the States of Alabama, Florida, 

3 Louisiana, Mississippi, and Texas. 

4 ‘‘(5) GULF OF MEXICO.—The term ‘Gulf of 

5 Mexico’ means the territorial seas and exclusive eco6 nomic zone of the United States in the Gulf of Mex7 ico.’’. 

8 (b) CONFORMING AMENDMENT.—The table of con9 tents in section 2 of the Oil Pollution Act of 1990 (104 

10 Stat. 484) is amended by adding at the end of the items 

11 relating to subtitle A of title IV the following: 

‘‘4119. Gulf Coast Regional Citizens’ Advisory Council.’’. 

12 SEC. 107. VESSEL AS RESPONSIBLE PARTY. 

13 Section 1001(32)(A) of the Oil Pollution Act of 1990 

14 (33 U.S.C. 2701(32)(A)) is amended by striking ‘‘with a 

15 single hull after December 31, 2010’’. 

16 SEC. 108. TRANSPORTATION AND COMMERCE ASPECTS OF 

17 OUTER CONTINENTAL SHELF LANDS. 

18 (a) ENFORCEMENT.—Section 22 of the Outer Conti19 nental Shelf Lands Act (43 U.S.C. 1348) is amended— 

20 (1) in subsection (d)(1)— 

21 (A) by inserting ‘‘, each marine casualty 

22 and accident that posed a serious threat to the 

23 safety of life and property at sea or to the ma24 rine environment,’’ after ‘‘fire’’; and 


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1 (B) by inserting ‘‘, as a condition of the 

2 leases or permits’’ after ‘‘any such investiga3 tion’’; 

4 (2) in subsection (d)(2), by inserting ‘‘, as a 

5 condition of the leases or permits’’ after ‘‘any such 

6 investigation’’; 

7 (3) in subsection (e)— 

8 (A) by striking ‘‘Secretary, or, in the case 

9 of occupational safety and health,’’ and insert10 ing ‘‘Secretary or’’; and 

11 (B) by striking ‘‘Coast Guard is oper12 ating,’’ and inserting ‘‘Coast Guard is oper13 ating’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(g) INDEPENDENT INVESTIGATION OF TRANSPOR16 TATION ACCIDENTS.— 

17 ‘‘(1) IN GENERAL.—At the request of the Sec18 retary of the department in which the Coast Guard 

19 is operating or the Secretary, the National Trans20 portation Safety Board may conduct an independent 

21 investigation of any accident, occurring in the outer 

22 Continental Shelf and involving activities under this 

23 Act, that does not otherwise fall within the definition 

24 of an accident or major marine casualty (as those 


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1 terms are used in chapter 11 of title 49, United 

2 States Code). 

3 ‘‘(2) TRANSPORTATION ACCIDENT.—For pur4 poses of an investigation under this subsection, an 

5 accident that is the subject of a request under para6 graph (1) shall be treated as a transportation acci7 dent (as that term is used in chapter 11 of title 49, 

8 United States Code). 

9 ‘‘(h) INFORMATION ON CAUSES AND CORRECTIVE

10 ACTIONS.— 

11 ‘‘(1) IN GENERAL.—For each accident inves12 tigated under this section, the Secretary of the de13 partment in which the Coast Guard is operating and 

14 the Secretary shall promptly make available to the 

15 public technical information about the causes of the 

16 accident and corrective actions taken. 

17 ‘‘(2) PUBLIC DATABASE.—All data and reports 

18 related to an accident described in paragraph (1) 

19 shall be maintained in a database that is freely 

20 available to the public. 

21 ‘‘(i) INSPECTION FEES.— 

22 ‘‘(1) IN GENERAL.—To the extent necessary to 

23 fund inspections and other duties under this Act of 

24 the Secretary of the department in which the Coast 

25 Guard is operating and the Secretary of Commerce, 


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1 upon the request of the Secretary of the department 

2 in which the Coast Guard is operating and the Sec3 retary of Commerce, the Secretary shall collect a 

4 non-refundable inspection fee, which shall be depos5 ited in the Ocean Commerce, Transportation, and 

6 Navigation Enforcement Fund established under 

7 paragraph (3), from the designated operator for fa8 cilities subject to inspection under subsection (c). 

9 ‘‘(2) ESTABLISHMENT.—The Secretary shall es10 tablish, by rule, inspection fees— 

11 ‘‘(A) at an aggregate level equal to the 

12 amount necessary to offset the annual expenses 

13 incurred by the Secretary of the department in 

14 which the Coast Guard is operating and the 

15 Secretary of Commerce in carrying out inspec16 tions of outer Continental Shelf facilities (in17 cluding mobile offshore drilling units), admin18 istering and enforcing safety and health regula19 tions and requirements, providing comments to 

20 and consulting with the Secretary as required 

21 under this Act; and 

22 ‘‘(B) which may vary based on differences 

23 in size and complexity among classes of facili24 ties. 


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1 ‘‘(3) OCEAN COMMERCE, TRANSPORTATION, 

2 AND NAVIGATION ENFORCEMENT FUND.—There is 

3 established in the Treasury a separate account, to be 

4 known as the ‘Ocean Commerce, Transportation, 

5 and Navigation Enforcement Fund’ (referred to in 

6 this subsection as the ‘Fund’), into which shall be 

7 deposited amounts collected by the Secretary under 

8 paragraph (1) and which shall be available as pro9 vided under paragraph (4). 

10 ‘‘(4) AVAILABILITY OF FEES.—Notwithstanding 

11 section 3302 of title 31, United States Code, all 

12 amounts collected by the Secretary under this sec13 tion— 

14 ‘‘(A) shall be available for expenditure only 

15 for purposes of carrying out inspections of 

16 outer Continental Shelf facilities (including mo17 bile offshore drilling units) and carrying out the 

18 other duties and responsibilities of the Sec19 retary of the department in which the Coast 

20 Guard is operating and the Secretary of Com21 merce under this Act; 

22 ‘‘(B) shall be available only to the extent 

23 provided for in advance in an appropriations 

24 Act; and 

25 ‘‘(C) shall remain available until expended. 


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1 ‘‘(5) ANNUAL REPORTS.— 

2 ‘‘(A) IN GENERAL.—Not later than 60 

3 days after the end of each fiscal year beginning 

4 with fiscal year 2025, the Secretary shall sub5 mit to the Committee on Commerce, Science, 

6 and Transportation of the Senate and the Com7 mittees on Transportation and Infrastructure 

8 and on Natural Resources of the House of Rep9 resentatives a report on the operation of the 

10 Fund during the fiscal year. 

11 ‘‘(B) CONTENT.—Each report shall in12 clude, for the fiscal year covered by the report, 

13 the following: 

14 ‘‘(i) A statement of the amounts de15 posited into the Fund. 

16 ‘‘(ii) A description of the expenditures 

17 made from the Fund for the fiscal year, in18 cluding the purpose of the expenditures. 

19 ‘‘(iii) Recommendations for additional 

20 authorities to fulfill the purpose of the 

21 Fund. 

22 ‘‘(iv) A statement of the balance re23 maining in the Fund at the end of the fis24 cal year.’’. 


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1 TITLE II—IMPROVING MARINE 

2 OIL SPILL PREPAREDNESS 

3 SEC. 201. IMPROVEMENTS TO NATIONAL OCEANIC AND AT4 MOSPHERIC ADMINISTRATION OIL SPILL RE5 SPONSE, CONTAINMENT, AND PREVENTION. 

6 (a) REVIEW OF ABILITY OF NATIONAL OCEANIC AND

7 ATMOSPHERIC ADMINISTRATION TO RESPOND TO OIL

8 SPILLS.— 

9 (1) COMPREHENSIVE REVIEW REQUIRED.—Not 

10 later than 1 year after the date of the enactment of 

11 this Act, the Under Secretary for Oceans and At12 mosphere shall conduct a comprehensive review of 

13 the current capacity of the National Oceanic and At14 mospheric Administration to respond to oil spills. 

15 (2) ELEMENTS.—The review under paragraph 

16 (1) shall include the following: 

17 (A) A comparison of oil spill modeling re18 quirements with the state-of-the-art oil spill 

19 modeling with respect to near shore and off20 shore areas. 

21 (B) Development of recommendations on 

22 priorities for improving forecasting of oil spill, 

23 trajectories, and impacts. 

24 (C) An inventory of the products and tools 

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1 ministration that can aid in assessing the po2 tential risk and impacts of oil spills. The prod3 ucts and tools may include environmental sensi4 tivity index maps, the United States Integrated 

5 Ocean Observing System, research vessels, avia6 tion-based sensors, satellites, and oil spill tra7 jectory models. 

8 (D) An identification of the baseline ocean9 ographic and climate data required to support 

10 state-of-the-art modeling. 

11 (E) An assessment of the ability of the Na12 tional Oceanic and Atmospheric Administration 

13 to respond to the effects of an oil spill on its 

14 trust resources, including— 

15 (i) marine sanctuaries, monuments, 

16 and other protected areas; and 

17 (ii) marine mammals, fish, corals, sea 

18 turtles, and other protected species, and ef19 forts to rehabilitate these species. 

20 (3) REPORT.—Upon completion of the review, 

21 the Under Secretary shall submit to the Congress a 

22 report on the review, including the findings and rec23 ommendations. 

24 (b) OIL SPILL TRAJECTORY MODELING.—The Under 

25 Secretary of Commerce for Oceans and Atmosphere shall 


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1 be responsible for developing and maintaining oil spill tra2 jectory modeling capabilities for the United States, includ3 ing taking such actions as may be required by subsections 

4 (c) through (f). 

5 (c) ENVIRONMENTAL SENSITIVITY INDEX.— 

6 (1) UPDATE.—Beginning not later than 180 

7 days after the date of the enactment of this Act, and 

8 not less frequently than once every 7 years there9 after, the Under Secretary of Commerce for Oceans 

10 and Atmosphere shall update the environmental sen11 sitivity index products of the National Oceanic and 

12 Atmospheric Administration for— 

13 (A) each coastal area of the United States; 

14 (B) each offshore area of the United 

15 States that is leased or under consideration for 

16 leasing for offshore energy production; and 

17 (C) each offshore area of the United States 

18 that is under consideration for maritime trans19 portation. 

20 (2) EXPANDED COVERAGE.—Not later than 270 

21 days after the date of the enactment of this Act, the 

22 Under Secretary of Commerce for Oceans and At23 mosphere, to the greatest extent practicable, shall 

24 create an environmental sensitivity index product for 

25 each area described in paragraph (1) for which the 


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1 National Oceanic and Atmospheric Administration 

2 did not have an environmental sensitivity index 

3 product on the day before the date of the enactment 

4 of this Act. 

5 (3) ENVIRONMENTAL SENSITIVITY INDEX

6 PRODUCT DEFINED.—In this subsection, the term 

7 ‘‘environmental sensitivity index product’’ means a 

8 map or similar tool that is utilized to identify sen9 sitive shoreline, coastal or offshore, resources before 

10 an oil spill event in order to set baseline priorities 

11 for protection and plan cleanup strategies, typically 

12 including information relating to shoreline type, bio13 logical resources, and human use resources. 

14 (d) SUBSEA HYDROCARBON REVIEW.—Not later 

15 than 120 days after the date of the enactment of this Act, 

16 the Under Secretary of Commerce for Oceans and Atmos17 phere shall conduct a comprehensive review of the current 

18 state of the National Oceanic and Atmospheric Adminis19 tration to monitor, map, and track subsea hydrocarbons, 

20 including a review of the effect of subsea hydrocarbons 

21 and dispersants at varying concentrations on living marine 

22 resources. 

23 (e) INITIATIVE ON OIL SPILLS FROM AGING AND

24 ABANDONED OIL INFRASTRUCTURE.—Not later than 270 

25 days after the date of the enactment of this Act, the Under 


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1 Secretary of Commerce for Oceans and Atmosphere shall 

2 establish an initiative— 

3 (1) to determine the significance, response, fre4 quency, size, potential fate, and potential effects, in5 cluding those on sensitive habitats, of oil spills re6 sulting from aging and abandoned oil infrastructure; 

7 and 

8 (2) to formulate recommendations on how best 

9 to address the spills described in paragraph (1). 

10 (f) INVENTORY OF OFFSHORE ABANDONED OR

11 SUNKEN VESSELS.—Not later than 270 days after the 

12 date of the enactment of this Act, the Under Secretary 

13 of Commerce for Oceans and Atmosphere shall— 

14 (1) develop an inventory of offshore abandoned 

15 or sunken vessels in the exclusive economic zone (as 

16 established by Presidential Proclamation Numbered 

17 5030 of March 10, 1983 (16 U.S.C. 1453 note)); 

18 and 

19 (2) identify priorities (based on amount of oil, 

20 feasibility of oil recovery, fate and effects of oil if re21 leased, and cost-benefit of preemptive action) for po22 tential preemptive removal of oil or other actions 

23 that may be effective to mitigate the risk of oil spills 

24 from offshore abandoned or sunken vessels. 


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1 SEC. 202. COAST GUARD RESPONSE PLAN REQUIREMENTS. 

2 (a) IN GENERAL.—The Secretary of the department 

3 in which the Coast Guard is operating shall require all 

4 response plans approved by the Coast Guard under section 

5 311(j) of the Federal Water Pollution Control Act (33 

6 U.S.C. 1321(j)) to be updated not less than once every 

7 5 years. 

8 (b) BEST AVAILABLE TECHNOLOGY.—Each response 

9 plan update under subsection (a) shall utilize the best 

10 commercially available technology and methods to contain 

11 and remove to the maximum extent practicable a worst 

12 case discharge (including a discharge resulting from fire 

13 or explosion), and to mitigate or prevent a substantial 

14 threat of such a discharge. 

15 (c) TECHNOLOGY STANDARDS.— 

16 (1) IN GENERAL.—The Secretary of the depart17 ment in which the Coast Guard is operating may es18 tablish requirements and guidance for utilizing the 

19 best commercially available technology and methods 

20 under subsection (b). 

21 (2) REQUIREMENTS.—The best commercially 

22 available technology and methods shall be based on 

23 measurable standards and capabilities whenever 

24 practicable. 


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1 (d) RESUBMISSION.—Each update under subsection 

2 (a) shall be considered a significant change requiring it 

3 to be resubmitted for approval by the Coast Guard. 

4 SEC. 203. OIL SPILL TECHNOLOGY EVALUATION. 

5 (a) IN GENERAL.—The Secretary of the department 

6 in which the Coast Guard is operating shall establish a 

7 program for the formal evaluation and validation of oil 

8 pollution containment and removal methods and tech9 nologies. 

10 (b) APPROVALS.— 

11 (1) IN GENERAL.—The program under sub12 section (a) shall include the establishment of a proc13 ess for new methods and technologies— 

14 (A) to be submitted to and evaluated by 

15 the Secretary of the department in which the 

16 Coast Guard is operating; and 

17 (B) to gain validation for use in spill re18 sponses and inclusion in response plans under 

19 section 311(j) of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1321(j)). 

21 (2) PERFORMANCE CAPABILITIES.—Following 

22 each validation under paragraph (1)(B), the Sec23 retary of the department in which the Coast Guard 

24 is operating shall consider whether the method or 

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1 ranting designation of a new standard for best avail2 able technology or methods. 

3 (c) TECHNOLOGY CLEARINGHOUSE.—Each tech4 nology and method validated under subsection (b)(1)(B) 

5 shall be included in the comprehensive list of spill removal 

6 resources maintained by the Coast Guard through the Na7 tional Response Unit. 

8 (d) CONSULTATION.—The Secretary of the depart9 ment in which the Coast Guard is operating shall consult 

10 with the Secretary of the Interior, the Under Secretary 

11 of Commerce for Oceans and Atmosphere, the Adminis12 trator of the Environmental Protection Agency, the Sec13 retary of Transportation, and the Secretary of Energy in 

14 carrying out this section. 

15 SEC. 204. SAFETY MANAGEMENT SYSTEM REQUIREMENTS 

16 FOR MOBILE OFFSHORE DRILLING UNITS. 

17 (a) APPLICATION.—Section 3202 of title 46, United 

18 States Code, is amended— 

19 (1) in subsection (a)(1)(B) by striking ‘‘vessel, 

20 or self-propelled mobile offshore drilling unit; and’’ 

21 and inserting ‘‘vessel; and’’; and 

22 (2) by amending subsection (b) to read as fol23 lows: 

24 ‘‘(b) OTHER VESSELS.—This chapter applies to a 

25 vessel that— 


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1 ‘‘(1) is a passenger vessel or small passenger 

2 vessel and is transporting more passengers than a 

3 number prescribed by the Secretary based on the 

4 number of individuals on the vessel that could be 

5 killed or injured in a marine casualty; or 

6 ‘‘(2) is a mobile offshore drilling unit.’’. 

7 (b) SAFETY MANAGEMENT SYSTEMS.—Section 3203 

8 of title 46, United States Code, is amended— 

9 (1) by redesignating subsection (b) as sub10 section (c); and 

11 (2) by inserting after subsection (a) the fol12 lowing: 

13 ‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The 

14 safety management system described in subsection (a) for 

15 a mobile offshore drilling unit operating in waters subject 

16 to the jurisdiction of the United States, including the ex17 clusive economic zone (as established by Presidential Proc18 lamation Numbered 5030 of March 10, 1983 (16 U.S.C. 

19 1453 note)), shall include processes, procedures, and poli20 cies related to the safe, environmentally sound operation 

21 and maintenance of all machinery and systems of the unit 

22 that are used for the commercial industrial functions and 

23 purposes of the unit.’’. 


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1 SEC. 205. GULF OF MEXICO LONG-TERM MARINE ENVIRON2 MENTAL MONITORING AND RESEARCH PRO3 GRAM. 

4 (a) ENVIRONMENTAL MONITORING AND RESEARCH

5 PROGRAM REQUIRED.— 

6 (1) IN GENERAL.—As soon as practicable after 

7 the date of the enactment of this Act, and subject 

8 to the availability of appropriations or other sources 

9 of funding, the Secretary, acting through the Under 

10 Secretary of Commerce for Oceans and Atmosphere, 

11 shall establish and carry out a long-term marine en12 vironmental monitoring and research program for 

13 the marine and coastal environment of the Gulf of 

14 Mexico to ensure that the Federal Government has 

15 independent, peer-reviewed scientific data and infor16 mation to assess long-term direct and indirect im17 pacts on trust resources located in the Gulf of Mex18 ico and Southeast region resulting from the oil spill 

19 caused by the mobile offshore drilling unit Deep20 water Horizon. 

21 (2) PERIOD OF PROGRAM.—The Secretary, act22 ing through the Under Secretary of Commerce for 

23 Oceans and Atmosphere, shall carry out the program 

24 under paragraph (1) during the 10-year period be25 ginning on the date of commencement of the pro26 gram. The Secretary may extend the period if the 


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1 Secretary determines that additional monitoring and 

2 research is warranted. 

3 (b) SCOPE OF PROGRAM.—The program under sub4 section (a) shall include the following: 

5 (1) Monitoring and research of the physical, 

6 chemical, and biological characteristics of the af7 fected marine, coastal, and estuarine regions of the 

8 Gulf of Mexico and other regions of the exclusive 

9 economic zone (as established by Presidential Proc10 lamation Numbered 5030 of March 10, 1983 (16 

11 U.S.C. 1453 note)) and adjacent regions affected by 

12 the oil spill caused by the mobile offshore drilling 

13 unit Deepwater Horizon. 

14 (2) The fate, transport, and persistence of oil 

15 released during the spill and spatial distribution 

16 throughout the water column, including in-situ burn 

17 residues. 

18 (3) The fate, transport, and persistence of 

19 chemical dispersants applied in-situ or on surface 

20 waters. 

21 (4) Identification of lethal and sub-lethal im22 pacts to shellfish, fish, and wildlife resources that 

23 utilize habitats located within the affected region. 

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1 fected region, including commercial and recreational 

2 fisheries, tourism, and other wildlife-dependent 

3 recreation. 

4 (6) Such other elements that the Secretary con5 siders necessary to ensure a comprehensive marine 

6 research and monitoring program to comprehend the 

7 implications to trust resources caused by the oil spill 

8 from the mobile offshore drilling unit Deepwater Ho9 rizon. 

10 (c) COOPERATION AND CONSULTATION.—In devel11 oping the research and monitoring program under sub12 section (a), the Secretary, acting through the Under Sec13 retary of Commerce for Oceans and Atmosphere, shall— 

14 (1) coordinate with the United States Geologi15 cal Survey; and 

16 (2) consult with— 

17 (A) the National Ocean Research Leader18 ship Council established under section 8932 of 

19 title 10, United States Code; 

20 (B) such representatives from the Gulf 

21 coast States and affected countries as the Sec22 retary considers appropriate; 

23 (C) such academic institutions and other 

24 research organizations as the Secretary con25 siders appropriate; and 


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1 (D) such other experts with expertise in 

2 long-term environmental monitoring and re3 search of the marine environment as the Sec4 retary considers appropriate. 

5 (d) AVAILABILITY OF DATA.—Upon the review and 

6 approval by the Attorney General regarding impacts on 

7 legal claims or litigation involving the United States, data 

8 and information generated through the program estab9 lished under subsection (a) shall be managed and archived 

10 to ensure that it is accessible and available to the general 

11 public for their use and information. 

12 (e) REPORT.—Not later than 1 year after the date 

13 of the commencement of the program under subsection 

14 (a), and biennially thereafter, the Secretary shall submit 

15 to Congress a comprehensive report— 

16 (1) summarizing the activities and findings of 

17 the program; and 

18 (2) detailing areas and issues requiring future 

19 monitoring and research. 

20 (f) DEFINITIONS.—In this section: 

21 (1) GULF COAST STATE.—The term ‘‘Gulf coast 

22 State’’ means each of the States of Texas, Lou23 isiana, Mississippi, Alabama, and Florida. 

24 (2) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Commerce. 


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1 (3) TRUST RESOURCES.—The term ‘‘trust re2 sources’’ means the living and non-living natural re3 sources belonging to, managed by, held in trust by, 

4 appertaining to, or otherwise controlled by the 

5 United States, any State, federally recognized Indian 

6 Tribe, or a local government. 

7 SEC. 206. USE OF OIL SPILL LIABILITY TRUST FUND FOR 

8 EXPENSES OF NATIONAL OCEANIC AND AT9 MOSPHERIC ADMINISTRATION. 

10 Section 1012(a)(5)(B) of the Oil Pollution Act of 

11 1990 (33 U.S.C. 2712(a)(5)(B)) is amended by striking 

12 ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’. 

13 SEC. 207. NOTICE TO STATES OF BULK OIL TRANSFERS. 

14 (a) IN GENERAL.—A State may require, by law, a 

15 person to provide notice of 24 hours or more to the State 

16 and to the Coast Guard before transferring oil in bulk as 

17 cargo in an amount equivalent to 250 barrels or more to, 

18 from, or within a vessel in State waters. 

19 (b) COAST GUARD ASSISTANCE.—The Commandant 

20 of the Coast Guard may assist a State in developing ap21 propriate methodologies for joint Federal and State notifi22 cation of an oil transfer described in subsection (a) to min23 imize any potential burden to vessels. 


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1 SEC. 208. COAST GUARD RESEARCH AND DEVELOPMENT. 

2 Section 1012(a)(5)(A) of the Oil Pollution Act of 

3 1990 (33 U.S.C. 2712(a)(5)(A)) is amended— 

4 (1) by striking ‘‘$25,000,000’’ and inserting 

5 ‘‘$50,000,000’’; and 

6 (2) by striking the semicolon at the end and in7 serting ‘‘, of which amount not less than 40 percent 

8 shall be used to conduct research, development, and 

9 evaluation of oil spill response and removal tech10 nologies and methods;’’. 

11 TITLE III—IMPROVING MARINE 

12 OIL SPILL RESPONSE CAPA13 BILITIES 

14 SEC. 301. PROMPT PUBLICATION OF OIL SPILL INFORMA15 TION. 

16 (a) IN GENERAL.—In any response to an oil spill in 

17 which the Commandant of the Coast Guard serves as the 

18 Federal On-Scene Coordinator leading a Unified Com19 mand, the Commandant shall publish, on a publicly acces20 sible website, all written Incident Action Plans prepared 

21 and approved as a part of the response to such oil spill. 

22 (b) TIMELINESS AND DURATION.—The Commandant 

23 shall— 

24 (1) publish each Incident Action Plan under 

25 subsection (a) promptly after such plan is approved 

26 for implementation by the Unified Command, and in 


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1 no event later than 12 hours into the operational pe2 riod for which such plan is prepared; and 

3 (2) ensure that such plan remains up-to-date 

4 and publicly accessible by website for the duration of 

5 the response to an oil spill. 

6 (c) REDACTION OF PERSONAL INFORMATION.—The 

7 Commandant may redact information from an Incident 

8 Action Plan published under subsection (a) to the extent 

9 necessary to comply with applicable privacy laws and other 

10 requirements regarding personal information. 

11 SEC. 302. COORDINATION OF FEDERAL, STATE, AND LOCAL 

12 ACTIVITIES WITH RESPECT TO OIL SPILL 

13 SURVEYS. 

14 (a) DEVELOPMENT OF NATIONAL PROTOCOLS FOR

15 OIL SPILL SURVEYS.—Not later than 270 days after the 

16 date of the enactment of this Act, the Under Secretary 

17 of Commerce for Oceans and Atmosphere, in coordination 

18 with the Secretary of Homeland Security, the Adminis19 trator of the Environmental Protection Agency, and the 

20 heads of such departments and agencies of State govern21 ments as such Under Secretary considers appropriate, 

22 shall develop standard national protocols for oil spill re23 sponse and clean up assessments to promote consistent 

24 procedures for collecting shoreline characterization data 

25 and to ensure that the format and resolution of such data 


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1 are consistent with the needs of coastal States. Such pro2 tocols shall encourage, to the extent practicable, the use 

3 of electronic methods of data collection. 

4 (b) GUIDANCE AND TOOLS FOR APPLICATION OF NA5 TIONAL PROTOCOLS FOR OIL SPILL SURVEYS.—The 

6 Under Secretary of Commerce for Oceans and Atmosphere 

7 shall develop guidance and tools for oil spill responders 

8 and offer instructional courses to ensure that the standard 

9 national protocols developed under subsection (a) are used 

10 during oil spill responses in the waters subject to the juris11 diction of the United States, including the exclusive eco12 nomic zone (as established by Presidential Proclamation 

13 Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 

14 note)). 

Æ 


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