171 
‘‘(N) Guidelines regarding the use of con-
tainment booms to contain a discharge of oil or 
a hazardous substance, including identification 
of quantities of containment booms likely to be 
needed, available sources of containment booms, 
and best practices for containment boom place-
ment, monitoring, and maintenance.’’. 
(b) SCHEDULE, CRITERIA, AND
FEES.—Section 
311(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(d)) is amended by adding at the end the fol-
lowing: 
‘‘(5) SCHEDULE
FOR
USE
OF
DISPERSANTS, 
OTHER CHEMICALS, AND OTHER SPILL MITIGATING 
DEVICES AND SUBSTANCES.— 
‘‘(A) RULEMAKING.—Not later than 2 
years after the date of enactment of this para-
graph, the President, acting through the Ad-
ministrator, after providing notice and an op-
portunity for public comment, shall issue a re-
vised regulation for the development of the 
schedule for the use of dispersants, other 
chemicals, and other spill mitigating devices 
and substances developed under paragraph 
(2)(G) in a manner that is consistent with the 
requirements of this paragraph and shall mod-
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ify the existing schedule to take into account 
the requirements of the revised regulation. 
‘‘(B) 
SCHEDULE
LISTING
REQUIRE-
MENTS.—In issuing the regulation under sub-
paragraph (A), the Administrator shall— 
‘‘(i) with respect to dispersants, other 
chemicals, and other spill mitigating sub-
stances included or proposed to be included 
on the schedule under paragraph (2)(G)— 
‘‘(I) establish minimum toxicity 
and efficacy testing criteria, taking 
into account the results of the study 
carried out under subparagraph (D); 
‘‘(II) provide for testing or other 
verification (independent from the in-
formation provided by an applicant 
seeking the inclusion of such dispers-
ant, chemical, or substance on the 
schedule) related to the toxicity and 
effectiveness of such dispersant, chem-
ical, or substance; 
‘‘(III) establish a framework for 
the application of any such dispersant, 
chemical, or substance, including— 
‘‘(aa) application conditions; 
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‘‘(bb) the quantity thresh-
olds for which approval by the 
Administrator is required; 
‘‘(cc) the criteria to be used 
to develop the appropriate max-
imum quantity of any such dis-
persant, chemical, or substance 
that the Administrator deter-
mines may be used, both on a 
daily and cumulative basis; and 
‘‘(dd) a ranking, by geo-
graphic area, of any such dis-
persant, chemical, or substance 
based on a combination of its ef-
fectiveness for each type of oil 
and its level of toxicity; 
‘‘(IV) establish a requirement 
that the volume of oil or hazardous 
substance discharged, and the volume 
and location of any such dispersant, 
chemical, or substance used, be meas-
ured and made publicly available, in-
cluding on the Internet; 
‘‘(V) require that an applicant 
seeking the inclusion of a dispersant, 
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chemical, or substance on the schedule 
shall assure that such applicant will 
publicly disclose, upon a declaration of 
a spill of national significance, the 
constituent ingredients of such dis-
persant, chemical, or substance if 
such dispersant, chemical, or sub-
stance will be used to respond to the 
spill; and 
‘‘(VI) in addition to existing au-
thority, expressly provide a mecha-
nism for the delisting of any such dis-
persant, chemical, or substance that 
the Administrator determines poses a 
significant risk or impact to water 
quality, aquatic life, the environment, 
or any other factor the Administrator 
determines appropriate; 
‘‘(ii) with respect to a dispersant, 
other chemical, and other spill mitigating 
substance not specifically identified on the 
schedule, and prior to the use of such dis-
persant, chemical, or substance in accord-
ance with paragraph (2)(G)— 
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‘‘(I) establish the minimum tox-
icity and efficacy levels for such dis-
persant, chemical, or substance; 
‘‘(II) require that, upon a dec-
laration of a spill of national signifi-
cance, the constituent ingredients of 
such dispersant, chemical, or sub-
stance be publicly disclosed if such 
dispersant, chemical, or substance will 
be used to respond to the spill; and 
‘‘(III) require the provision of 
such additional information as the Ad-
ministrator determines necessary; and 
‘‘(iii) with respect to other spill miti-
gating devices included or proposed to be 
included on the schedule under paragraph 
(2)(G)— 
‘‘(I) require the manufacturer of 
such device to carry out a study of the 
risks and effectiveness of the device 
according to guidelines developed and 
published by the Administrator; and 
‘‘(II) in addition to existing au-
thority, expressly provide a mecha-
nism for the delisting of any such de-
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vice based on any information made 
available to the Administrator that 
demonstrates that such device poses a 
significant risk or impact to water 
quality, aquatic life, the environment, 
or any other factor the Administrator 
determines appropriate. 
‘‘(C) DELISTING.—In carrying out sub-
paragraphs (B)(i)(VI) and (B)(iii)(II), the Ad-
ministrator, after posting a notice in the Fed-
eral Register and providing an opportunity for 
public comment, shall initiate a formal review 
of the potential risks and impacts associated 
with a dispersant, chemical, substance, or de-
vice prior to delisting the dispersant, chemical, 
substance, or device. 
‘‘(D) STUDY.— 
‘‘(i) IN GENERAL.—Not later than 3 
months after the date of enactment of this 
paragraph, the Administrator shall initiate 
a study of the potential risks and impacts 
to water quality, aquatic life, the environ-
ment, or any other factor the Adminis-
trator determines appropriate, from the 
use of dispersants, other chemicals, and 
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clause (i), the Administrator shall de-
termine the requirements for manu-
facturers of dispersants, chemicals, or 
substances to evaluate the potential 
risks and impacts to water quality, 
the environment, human and aquatic 
health, or any other factor the Admin-
istrator determines appropriate, in-
cluding acute and chronic risks, asso-
ciated with the use of the dispersants, 
chemicals, or substances and any by-
products generated by such use and to 
provide the details of such evaluation 
as a condition for listing on the sched-
ule, or approving for use under this 
section, according to guidelines devel-
oped and published by the Adminis-
trator. 
‘‘(II) MINIMUM
REQUIREMENTS 
FOR
EVALUATION.—In carrying out 
this clause, the Administrator shall re-
quire a manufacturer to include— 
‘‘(aa) information that de-
scribes the potential acute health 
impacts on humans who are in-
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volved in application activities 
and who may reasonably be ex-
posed during such activities; 
‘‘(bb) information on the oils 
and 
locations 
where 
such 
dispersants, chemicals, or sub-
stances may potentially be used; 
and 
‘‘(cc) if appropriate, an as-
sessment of impacts from subsea 
use of the dispersant, chemical, 
or substance, including the po-
tential long-term effects of such 
use on water quality, aquatic life, 
and the environment. 
‘‘(E) PERIODIC REVISIONS.— 
‘‘(i) IN GENERAL.—Not later than 5 
years after the date of the issuance of the 
regulation under this paragraph, and at 
least once every 5 years thereafter, the Ad-
ministrator shall review the schedule for 
the use of dispersants, other chemicals, 
and other spill mitigating devices and sub-
stances that may be used to carry out the 
National Contingency Plan and update or 
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revise the schedule, as necessary, to ensure 
the protection of water quality, aquatic 
life, the environment, and any other factor 
the Administrator determines appropriate. 
‘‘(ii) EFFECTIVENESS.—The Adminis-
trator shall ensure, to the maximum extent 
practicable, that each update or revision to 
the schedule increases the effectiveness and 
decreases the toxicity values necessary for 
listing a dispersant, other chemical, or 
other spill mitigating device or substance 
on the schedule. 
‘‘(F) APPROVAL OF USE AND APPLICATION 
OF DISPERSANTS.— 
‘‘(i) IN GENERAL.—In issuing the reg-
ulation under subparagraph (A), the Ad-
ministrator shall require the approval of 
the Federal On-Scene Coordinator, in co-
ordination with the Administrator, for all 
uses of a dispersant, other chemical, or 
other spill mitigating substance in any re-
moval action, including— 
‘‘(I) any such dispersant, chem-
ical, or substance that is included on 
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the schedule developed pursuant to 
this subsection; or 
‘‘(II) any dispersant, chemical, or 
other substance that is included as 
part of an approved area contingency 
plan or response plan developed under 
this section. 
‘‘(ii) REPEAL.—Any part of section 
300.910 of title 40, Code of Federal Regu-
lations, that is inconsistent with this para-
graph is hereby repealed. 
‘‘(G) TOXICITY DEFINITION.—In this sec-
tion, the term ‘toxicity’ is used in reference to 
the potential impacts of a dispersant, sub-
stance, or device on water quality, organismal 
health, or the environment. 
‘‘(6) REVIEW OF AND DEVELOPMENT OF CRI-
TERIA FOR EVALUATING RESPONSE PLANS.— 
‘‘(A) REVIEW.—Not later than 6 months 
after the date of enactment of this paragraph, 
the President shall review the procedures and 
standards developed under paragraph (2)(J) to 
determine their sufficiency in ceasing and re-
moving a worst case discharge of oil or haz-
ardous substances, and for mitigating or pre-
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venting a substantial threat of such a dis-
charge. 
‘‘(B) RULEMAKING.—Not later than 2 
years after the date of enactment of this para-
graph, the President, after providing notice and 
an opportunity for public comment, shall issue 
a final rule to— 
‘‘(i) revise the procedures and stand-
ards for ceasing and removing a worst case 
discharge of oil or hazardous substances, 
and for mitigating or preventing a substan-
tial threat of such a discharge; and 
‘‘(ii) develop a metric for the periodic 
evaluation and, as necessary, revision, of 
the National Contingency Plan, Area Con-
tingency Plans, and tank vessel, nontank 
vessel, and facility response plans con-
sistent with the procedures and standards 
developed pursuant to this paragraph. 
‘‘(C) USE OF WORST-CASE SCENARIO DIS-
CHARGE ESTIMATES.—In carrying out the ac-
tivities required under this paragraph, the 
President shall use the worst-case scenario dis-
charge estimates published by the Secretary 
under section 208(a) of the Implementing the 
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Recommendations of the BP Oil Spill Commis-
sion Act of 2011as a basis for assessing the 
sufficiency of the procedures and standards de-
veloped under paragraph (2)(J). 
‘‘(7) FEES.— 
‘‘(A) GENERAL AUTHORITY AND FEES.— 
Subject to subparagraph (B), the Administrator 
shall establish a schedule of fees to be collected 
from the manufacturer of a dispersant, chem-
ical, or spill mitigating substance or device to 
offset the costs of the Administrator associated 
with evaluating the use of the dispersant, chem-
ical, substance, or device in accordance with 
this subsection and listing the dispersant, chem-
ical, substance, or device on the schedule under 
paragraph (2)(G). 
‘‘(B) LIMITATION
ON
COLLECTION.—No 
fee may be collected under this subsection un-
less the expenditure of the fee to pay the costs 
of activities and services for which the fee is im-
posed is provided for in advance in an appro-
priations Act. 
‘‘(C) FEES
CREDITED
AS
OFFSETTING 
COLLECTIONS.— 
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‘‘(i) IN
GENERAL.—Notwithstanding 
section 3302 of title 31, United States 
Code, any fee authorized to be collected 
under this paragraph shall— 
‘‘(I) be credited as offsetting col-
lections to the account that finances 
the activities and services for which 
the fee is imposed; 
‘‘(II) be available for expenditure 
only to pay the costs of activities and 
services for which the fee is imposed, 
including all costs associated with col-
lecting such fees; and 
‘‘(III) remain available until ex-
pended. 
‘‘(ii) CONTINUING APPROPRIATIONS.— 
The Administrator may continue to assess, 
collect, and spend fees established under 
this section during any period in which the 
funding for the Environmental Protection 
Agency is provided under an Act providing 
continuing appropriations in lieu of the 
Administration’s regular appropriations. 
‘‘(iii) ADJUSTMENTS.—The Adminis-
trator shall adjust the fees established by 
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subparagraph (A) periodically to ensure 
that each of the fees required by subpara-
graph (A) is reasonably related to the Ad-
ministration’s costs, as determined by the 
Administrator, of performing the activity 
for which the fee is imposed.’’. 
(c) INCLUSION OF CONTAINMENT BOOMS IN AREA 
CONTINGENCY PLANS.—Section 311(j)(4)(C)(iv) of such 
Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by striking 
‘‘(including firefighting equipment)’’ and inserting ‘‘(in-
cluding firefighting equipment and containment booms)’’. 
SEC. 616. TRACKING DATABASE. 
Section 311(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(b)) is amended by adding at the 
end the following: 
‘‘(13) TRACKING DATABASE.— 
‘‘(A) IN
GENERAL.—The President shall 
create a database to track all discharges of oil 
or hazardous substances— 
‘‘(i) into the waters of the United 
States, onto adjoining shorelines, or into or 
upon the waters of the contiguous zone; 
‘‘(ii) in connection with activities 
under the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) or the Deep-
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water Port Act of 1974 (33 U.S.C. 1501 
et seq.); or 
‘‘(iii) which may affect natural re-
sources belonging to, appertaining to, or 
under the exclusive management authority 
of the United States (including resources 
under the Fishery Conservation and Man-
agement Act of 1976 (16 U.S.C. 1801 et 
seq.)). 
‘‘(B) 
REQUIREMENTS.—The 
database 
shall— 
‘‘(i) include— 
‘‘(I) the name of the vessel or fa-
cility; 
‘‘(II) the name of the owner, op-
erator, or person in charge of the ves-
sel or facility; 
‘‘(III) the date of the discharge; 
‘‘(IV) the volume of the dis-
charge; 
‘‘(V) the location of the dis-
charge, including an identification of 
any receiving waters that are or could 
be affected by the discharge; 
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‘‘(VI) the type, volume, and loca-
tion of the use of any dispersant, 
other chemical, or other spill miti-
gating substance used in any removal 
action; 
‘‘(VII) a record of any deter-
mination of a violation of this section 
or liability under section 1002 of the 
Oil Pollution Act of 1990 (33 U.S.C. 
2702); 
‘‘(VIII) a record of any enforce-
ment action taken against the owner, 
operator, or person in charge; and 
‘‘(IX) any additional information 
that the President determines nec-
essary; 
‘‘(ii) use data provided by the Envi-
ronmental Protection Agency, the Coast 
Guard, and other appropriate Federal 
agencies; 
‘‘(iii) use data protocols developed and 
managed by the Environmental Protection 
Agency; and 
‘‘(iv) be publicly accessible, including 
by electronic means.’’. 
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SEC. 617. EVALUATION AND APPROVAL OF RESPONSE 
PLANS; MAXIMUM PENALTIES. 
(a) AGENCY REVIEW OF RESPONSE PLANS.— 
(1) LEAD FEDERAL AGENCY FOR REVIEW OF 
RESPONSE PLANS.—Section 311(j)(5)(A) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1321(j)(5)(A)) is amended by adding at the end the 
following: 
‘‘(iii) In issuing the regulations under this para-
graph, the President shall ensure that— 
‘‘(I) the owner, operator, or person in 
charge of a tank vessel, nontank vessel, or off-
shore facility described in subparagraph (C) will 
not be considered to have complied with this 
paragraph until the owner, operator, or person 
in charge submits a plan under clause (i) or 
(ii), as appropriate, to the Secretary of the de-
partment in which the Coast Guard is oper-
ating, the Secretary of the Interior, or the Ad-
ministrator, with respect to such offshore facili-
ties as the President may designate, and the 
Secretary or Administrator, as appropriate, de-
termines and notifies the owner, operator, or 
person in charge that the plan, if implemented, 
will provide an adequate response to a worst 
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case discharge of oil or a hazardous substance 
or a substantial threat of such a discharge; and 
‘‘(II) the owner, operator, or person in 
charge of an onshore facility described in sub-
paragraph (C)(iv) will not be considered to have 
complied with this paragraph until the owner, 
operator, or person in charge submits a plan 
under clause (i) either to the Secretary of 
Transportation, with respect to transportation- 
related onshore facilities, or the Administrator, 
with respect to all other onshore facilities, and 
the Secretary or Administrator, as appropriate, 
determines and notifies the owner, operator, or 
person in charge that the plan, if implemented, 
will provide an adequate response to a worst- 
case discharge of oil or a hazardous substance 
or a substantial threat of such a discharge. 
‘‘(iv)(I) The Secretary of the department in 
which the Coast Guard is operating, the Secretary of 
the Interior, the Secretary of Transportation, or the 
Administrator, as appropriate, shall require that a 
plan submitted to the Secretary or Administrator for 
a vessel or facility under clause (iii)(I) or (iii)(II) by 
an owner, operator, or person in charge— 
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‘‘(aa) contain a probabilistic risk analysis 
for all critical engineered systems of the vessel 
or facility; and 
‘‘(bb) adequately address all risks identi-
fied in the risk analysis. 
‘‘(II) The Secretary or Administrator, as appro-
priate, shall require that a risk analysis developed 
under subclause (I) include, at a minimum, the fol-
lowing: 
‘‘(aa) An analysis of human factors risks, 
including both organizational and management 
failure risks. 
‘‘(bb) An analysis of technical failure risks, 
including both component technologies and inte-
grated systems risks. 
‘‘(cc) An analysis of interactions between 
humans and critical engineered systems. 
‘‘(dd) Quantification of the likelihood of 
modes of failure and potential consequences. 
‘‘(ee) A description of methods for reduc-
ing known risks. 
‘‘(III) The Secretary or Administrator, as ap-
propriate, shall require an owner, operator, or per-
son in charge that develops a risk analysis under 
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subclause (I) to make the risk analysis available to 
the public.’’. 
(2) REVIEW
AND
APPROVAL
OF
RESPONSE 
PLANS.—Section 311(j)(5)(E) of such Act (33 
U.S.C. 1321(j)(5)(E)) is amended to read as follows: 
‘‘(E) With respect to any response plan sub-
mitted under this paragraph for an onshore facility 
that, because of its location, could reasonably be ex-
pected to cause significant and substantial harm to 
the environment by discharging into or on the navi-
gable waters or adjoining shorelines or the exclusive 
economic zone, and with respect to each response 
plan submitted under this paragraph for a tank ves-
sel, nontank vessel, or offshore facility, the President 
shall— 
‘‘(i) promptly review the response plan; 
‘‘(ii) verify that the response plan complies 
with subparagraph (A)(iv), relating to risk anal-
yses; 
‘‘(iii) with respect to a plan for an offshore 
or onshore facility or a tank vessel that carries 
liquefied natural gas, provide an opportunity for 
public notice and comment on the response 
plan; 
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‘‘(iv) taking into consideration any public 
comments received and other appropriate fac-
tors, as determined by the President, require 
revisions to the response plan; 
‘‘(v) approve, approve with revisions, or 
disapprove the response plan; 
‘‘(vi) review the response plan periodically 
thereafter, and if applicable requirements are 
not met, acting through the head of the appro-
priate Federal department or agency— 
‘‘(I) issue administrative orders di-
recting the owner, operator, or person in 
charge to comply with the response plan or 
any regulation issued under this section; or 
‘‘(II) assess civil penalties or conduct 
other appropriate enforcement actions in 
accordance with subsections (b)(6), (b)(7), 
and (b)(8) for failure to develop, submit, 
receive approval of, adhere to, or maintain 
the capability to implement the response 
plan, or failure to comply with any other 
requirement of this section; 
‘‘(vii) acting through the head of the ap-
propriate Federal department or agency, con-
duct, at a minimum, biennial inspections of the 
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tank vessel, nontank vessel, or facility to ensure 
compliance with the response plan or identify 
deficiencies in such plan; 
‘‘(viii) acting through the head of the ap-
propriate Federal department or agency, make 
the response plan available to the public, includ-
ing on the Internet; and 
‘‘(ix) in the case of a plan for a nontank 
vessel, consider any applicable State-mandated 
response plan in effect on the date of enactment 
of the Coast Guard and Maritime Transpor-
tation Act of 2004 and ensure consistency to 
the extent practicable.’’. 
(3) BIENNIAL
REPORT.—Section 311(j)(5) of 
such Act (33 U.S.C. 1321(j)(5)) is amended by add-
ing at the end the following: 
‘‘(J) Not later than 2 years after the date of 
enactment of this subparagraph, and biennially 
thereafter, the President, acting through the Admin-
istrator, the Secretary of the department in which 
the Coast Guard is operating, and the Secretary of 
Transportation, shall submit to Congress a report 
containing the following information for each owner, 
operator, or person in charge that submitted a re-
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sponse plan for a tank vessel, nontank vessel, or fa-
cility under this paragraph: 
‘‘(i) The number of response plans ap-
proved, disapproved, or approved with revisions 
under subparagraph (E) annually for tank ves-
sels, nontank vessels, and facilities of the 
owner, operator, or person in charge. 
‘‘(ii) The number of inspections conducted 
under subparagraph (E) annually for tank ves-
sels, nontank vessels, and facilities of the 
owner, operator, or person in charge. 
‘‘(iii) A summary of each administrative or 
enforcement action concluded with respect each 
tank vessel, nontank vessel, and facility of the 
owner, operator, or person in charge, including 
a description of the violation, the date of viola-
tion, the amount of each penalty proposed, and 
the final assessment of each penalty and an ex-
planation for any reduction in a penalty.’’. 
(4) ADMINISTRATIVE PROVISIONS FOR FACILI-
TIES.—Section 311(m)(2) of such Act (33 U.S.C. 
1321(m)(2)) is amended in each of subparagraphs 
(A) and (B) by inserting ‘‘, the Secretary of Trans-
portation,’’ before ‘‘or the Secretary of the depart-
ment in which the Coast Guard is operating’’. 
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(b) PENALTIES.— 
(1) ADMINISTRATIVE PENALTIES.— 
(A) AUTHORITY OF SECRETARY OF TRANS-
PORTATION
TO
ASSESS
PENALTIES.—Section 
311(b)(6)(A) 
of 
such 
Act 
(33 
U.S.C. 
1321(b)(6)(A)) is amended by inserting ‘‘, the 
Secretary of Transportation,’’ before ‘‘or the 
Administrator’’. 
(B) 
ADMINISTRATIVE
PENALTIES
FOR 
FAILURE
TO
PROVIDE
NOTICE.—Section 
311(b)(6)(A) 
of 
such 
Act 
(33 
U.S.C. 
1321(b)(6)(A)) is further amended— 
(i) in clause (i) by striking ‘‘para-
graph (3), or’’ and inserting ‘‘paragraph 
(3),’’; 
(ii) in clause (ii) by striking ‘‘any reg-
ulation issued under subsection (j)’’ and 
inserting ‘‘any order or action required by 
the President under subsection (c) or (e) 
or any regulation issued under subsection 
(d) or (j)’’; 
(iii) by redesignating clause (ii) as 
clause (iii); 
(iv) by inserting after clause (i) the 
following: 
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199 
propriate relief, including a temporary or per-
manent injunction, civil penalties, and punitive 
damages.’’. 
(3) APPLICABILITY.—The amendments made 
by this subsection apply to— 
(A) any claim arising from an event occur-
ring after the date of enactment of this Act; 
and 
(B) any claim arising from an event occur-
ring before such date of enactment, if the claim 
is brought within the limitations period applica-
ble to the claim. 
(c) CLARIFICATION OF FEDERAL REMOVAL AUTHOR-
ITY.—Section 311(c)(1)(B)(ii) of such Act (33 U.S.C. 
1321(c)(1)(B)(ii)) is amended by striking ‘‘direct’’ and in-
serting ‘‘direct, including through the use of an adminis-
trative order,’’. 
SEC. 618. OIL AND HAZARDOUS SUBSTANCE CLEANUP 
TECHNOLOGIES. 
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: 
‘‘(9) OIL AND HAZARDOUS SUBSTANCE CLEAN-
UP TECHNOLOGIES.—The President, acting through 
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the Secretary of the department in which the Coast 
Guard is operating, shall— 
‘‘(A) in coordination with the Secretary of 
the Interior and the heads of other appropriate 
Federal agencies, establish a process for— 
‘‘(i) quickly and effectively soliciting, 
assessing, and deploying offshore oil and 
hazardous substance cleanup technologies 
in the event of a discharge or substantial 
threat of a discharge of oil or a hazardous 
substance; and 
‘‘(ii) 
effectively 
coordinating 
with 
other appropriate agencies, industry, aca-
demia, small businesses, and others to en-
sure the best technology available is imple-
mented in the event of such a discharge or 
threat; and 
‘‘(B) in coordination with the Secretary of 
the Interior and the heads of other appropriate 
Federal agencies, maintain a database on best 
available oil and hazardous substance cleanup 
technologies in the event of a discharge or sub-
stantial threat of a discharge of oil or a haz-
ardous substance.’’. 
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201 
SEC. 619. IMPLEMENTATION OF OIL SPILL PREVENTION 
AND RESPONSE AUTHORITIES. 
Section 311(l) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(l)) is amended— 
(1) by striking ‘‘(l) The President’’ and insert-
ing the following: 
‘‘(l) DELEGATION AND IMPLEMENTATION.— 
‘‘(1) DELEGATION.—The President’’; and 
(2) by adding at the end the following: 
‘‘(2) ENVIRONMENTAL PROTECTION AGENCY.— 
‘‘(A) IN
GENERAL.—The President shall 
delegate the responsibilities under subparagraph 
(B) to the Administrator. 
‘‘(B) RESPONSIBILITIES.—With respect to 
onshore facilities (other than transportation-re-
lated facilities) and such offshore facilities as 
the President may designate, the Administrator 
shall ensure that Environmental Protection 
Agency personnel develop and maintain oper-
ational capability— 
‘‘(i) for effective inspection, moni-
toring, prevention, preparedness, and re-
sponse authorities related to the discharge 
or substantial threat of a discharge of oil 
or a hazardous substance; 
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‘‘(ii) to protect water quality and the 
environment from impacts of a discharge 
or substantial threat of a discharge of oil 
or a hazardous substance; and 
‘‘(iii) to review and approve of, dis-
approve of, or require revisions (if nec-
essary) to facility response plans and to 
carry out all other responsibilities under 
subsection (j)(5)(E). 
‘‘(3) COAST GUARD.— 
‘‘(A) IN
GENERAL.—The President shall 
delegate the responsibilities under subparagraph 
(B) to the Secretary of the department in which 
the Coast Guard is operating. 
‘‘(B) RESPONSIBILITIES.—The Secretary 
shall ensure that Coast Guard personnel de-
velop and maintain operational capability— 
‘‘(i) to establish and enforce regula-
tions and standards for procedures, meth-
ods, equipment, and other requirements to 
prevent and to contain a discharge of oil or 
a hazardous substance from a tank vessel 
or nontank vessel or such an offshore facil-
ity as the President may designate; 
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203 
‘‘(ii) to establish and enforce regula-
tions, and to carry out all other respon-
sibilities, under subsection (j)(5) with re-
spect to such vessels and offshore facilities 
as the President may designate; and 
‘‘(iii) to protect the environment and 
natural resources from impacts of a dis-
charge or substantial threat of a discharge 
of oil or a hazardous substance from such 
vessels and offshore facilities as the Presi-
dent may designate. 
‘‘(C) ROLE AS FIRST RESPONDER.— 
‘‘(i) IN
GENERAL.—The responsibil-
ities delegated to the Secretary under sub-
paragraph (B) shall be sufficient to allow 
the Coast Guard to act as a first responder 
to a discharge or substantial threat of a 
discharge of oil or a hazardous substance 
from a tank vessel, nontank vessel, or off-
shore facility. 
‘‘(ii) CAPABILITIES.—The President 
shall ensure that the Coast Guard has suf-
ficient personnel and resources to act as a 
first responder as described in clause (i), 
including the resources necessary for on- 
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204 
going training of personnel, acquisition of 
equipment (including containment booms, 
dispersants, 
and 
skimmers), 
and 
prepositioning of equipment. 
‘‘(D) CONTRACTS.—The Secretary may 
enter into contracts with private and nonprofit 
organizations for personnel and equipment in 
carrying out the responsibilities delegated to the 
Secretary under subparagraph (B). 
‘‘(4) DEPARTMENT OF TRANSPORTATION.— 
‘‘(A) IN
GENERAL.—The President shall 
delegate the responsibilities under subparagraph 
(B) to the Secretary of Transportation. 
‘‘(B) RESPONSIBILITIES.—The Secretary 
of Transportation shall— 
‘‘(i) establish and enforce regulations 
and standards for procedures, methods, 
equipment, and other requirements to pre-
vent and to contain discharges of oil and 
hazardous substances from transportation- 
related onshore facilities; 
‘‘(ii) have the authority to review and 
approve of, disapprove of, or require revi-
sions (if necessary) to transportation-re-
lated onshore facility response plans and to 
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205 
carry out all other responsibilities under 
subsection (j)(5)(E); and 
‘‘(iii) ensure that Department of 
Transportation 
personnel 
develop 
and 
maintain operational capability— 
‘‘(I) for effective inspection, mon-
itoring, prevention, preparedness, and 
response authorities related to the dis-
charge or substantial threat of a dis-
charge of oil or a hazardous substance 
from a transportation-related onshore 
facility; and 
‘‘(II) to protect the environment 
and natural resources from the im-
pacts of a discharge or substantial 
threat of a discharge of oil or a haz-
ardous substance from a transpor-
tation-related onshore facility. 
‘‘(5) DEPARTMENT OF THE INTERIOR.— 
‘‘(A) IN
GENERAL.—The President shall 
delegate the responsibilities under subparagraph 
(B) to the Secretary of the Interior. 
‘‘(B) RESPONSIBILITIES.—The Secretary 
of the Interior shall— 
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206 
‘‘(i) establish and enforce regulations 
and standards for procedures, methods, 
equipment, and other requirements to pre-
vent and to contain discharges of oil and 
hazardous substances from such offshore 
facilities as the President may designate; 
‘‘(ii) establish and enforce regulations 
to carry out all other responsibilities under 
subsection (j)(5) for such offshore facilities 
as the President may designate; 
‘‘(iii) have the authority to review and 
approve of, disapprove of, or require revi-
sions (if necessary) to offshore facility re-
sponse plans under subsection (j)(5) for 
such offshore facilities as the President 
may designate; and 
‘‘(iv) ensure that Department of the 
Interior personnel develop and maintain 
operational capability for effective inspec-
tion, monitoring, prevention, and prepared-
ness authorities related to the discharge or 
a substantial threat of a discharge of oil or 
hazardous material from such offshore fa-
cilities as the President may designate.’’. 
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207 
SEC. 620. IMPACTS TO INDIAN TRIBES AND PUBLIC SERV-
ICE DAMAGES. 
(a) IN GENERAL.—Section 1002(b)(2) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended— 
(1) in subparagraph (D) by striking ‘‘or a polit-
ical subdivision thereof’’ and inserting ‘‘a political 
subdivision of a State, or an Indian tribe’’; and 
(2) in subparagraph (F) by striking ‘‘by a 
State’’ and all that follows before the period and in-
serting ‘‘the United States, a State, a political sub-
division of a State, or an Indian tribe’’. 
(b) APPLICABILITY.—The amendments made by this 
section apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim. 
SEC. 621. FEDERAL ENFORCEMENT ACTIONS. 
Section 309(g)(6)(A) of the Federal Water Pollution 
Control Act (33 U.S.C. 1319(g)(6)(A)) is amended by 
striking ‘‘or section 311(b)’’. 
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208 
SEC. 622. TIME REQUIRED BEFORE ELECTING TO PROCEED 
WITH JUDICIAL CLAIM OR AGAINST THE 
FUND. 
Paragraph (2) of section 1013(c) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2713(c)) is amended by striking 
‘‘90’’ and inserting ‘‘45’’. 
SEC. 623. AUTHORIZED LEVEL OF COAST GUARD PER-
SONNEL. 
The authorized end-of-year strength for active duty 
personnel of the Coast Guard for fiscal year 2011 is here-
by increased by 300 personnel, above any other level au-
thorized by law, for implementing the activities of the 
Coast Guard under this title, including the amendments 
made by this title. 
SEC. 624. CLARIFICATION OF MEMORANDUMS OF UNDER-
STANDING. 
Not later than September 30, 2011, the President 
(acting through the head of the appropriate Federal de-
partment or agency) shall implement or revise, as appro-
priate, memorandums of understanding to clarify the roles 
and jurisdictional responsibilities of the Environmental 
Protection Agency, the Coast Guard, the Department of 
the Interior, the Department of Transportation, and other 
Federal agencies relating to the prevention of oil dis-
charges from tank vessels, nontank vessels, and facilities 
subject to the Oil Pollution Act of 1990. 
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209 
SEC. 625. BUILD AMERICA REQUIREMENT FOR OFFSHORE 
FACILITIES. 
(a) IN GENERAL.—Title VI of the Oil Pollution Act 
of 1990 (33 U.S.C. 2751 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 6005. BUILD AMERICA REQUIREMENT FOR OFFSHORE 
FACILITIES. 
‘‘(a) BUILD AMERICA REQUIREMENT.—Except as 
provided by subsection (b), a person may not use an off-
shore facility to engage in support of exploration, develop-
ment, or production of oil or natural gas in, on, above, 
or below the exclusive economic zone unless the facility 
was built in the United States, including construction of 
any major component of the hull or superstructure of the 
facility. 
‘‘(b) WAIVER AUTHORITY.—A person seeking to 
charter an offshore facility in the exclusive economic zone 
may seek a waiver of subsection (a). The Secretary may 
waive subsection (a) if the Secretary, in consultation with 
the Secretary of the Interior and the Secretary of Trans-
portation, finds that— 
‘‘(1) the offshore facility was built in a foreign 
country and is under contract, on the date of enact-
ment of this section, in support of exploration, devel-
opment, or production of oil or natural gas in, on, 
above, or below the exclusive economic zone; 
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210 
‘‘(2) an offshore facility built in the United 
States is not available within a reasonable period of 
time, as defined in subsection (e), or of sufficient 
quality to perform drilling operations required under 
a contract; or 
‘‘(3) an emergency requires the use of an off-
shore facility built in a foreign country. 
‘‘(c) WRITTEN JUSTIFICATION AND PUBLIC NOTICE 
OF NONAVAILABILITY WAIVER.—When issuing a waiver 
based on a determination under subsection (b)(2), the Sec-
retary shall issue a detailed written justification as to why 
the waiver meets the requirement of such subsection. The 
Secretary shall publish the justification in the Federal 
Register and provide the public with 45 days for notice 
and comment. 
‘‘(d) FINAL DECISION.—The Secretary shall approve 
or deny any waiver request submitted under subsection (b) 
not later than 90 days after the date of receipt of the re-
quest. 
‘‘(e) REASONABLE PERIOD OF TIME DEFINED.—For 
purposes of subsection (b)(2), the term ‘reasonable period 
of time’ means the time needed for a person seeking to 
charter an offshore facility in the exclusive economic zone 
to meet the requirements in the primary term of the per-
son’s lease.’’. 
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211 
(b) CLERICAL AMENDMENT.—The table of contents 
contained in section 2 of such Act is amended by inserting 
after the item relating to section 6004 the following: 
‘‘Sec. 6005. Build America requirement for offshore facilities.’’. 
SEC. 626. OIL SPILL RESPONSE VESSEL DATABASE. 
(a) REQUIREMENT.—Not later than 90 days after the 
date of enactment of this Act, the Commandant of the 
Coast Guard shall complete an inventory of all vessels op-
erating in the waters of the United States that are capable 
of meeting oil spill response needs designated in the Na-
tional Contingency Plan authorized by section 311(d) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1321(d)). 
(b) CATEGORIZATION.—The inventory required under 
subsection (a) shall categorize such vessels by capabilities, 
type, function, and location. 
(c) MAINTENANCE
OF
DATABASE.—The Com-
mandant shall maintain a database containing the results 
of the inventory required under subsection (a) and update 
the information in the database on no less than a quar-
terly basis. 
(d) AVAILABILITY.—The Commandant may make in-
formation regarding the location and capabilities of oil 
spill response vessels available to a Federal On-Scene Co-
ordinator designated under section 311 of such Act (33 
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212 
U.S.C. 1321) to assist in the response to an oil spill or 
other incident in the waters of the United States. 
SEC. 627. OFFSHORE SENSING AND MONITORING SYSTEMS. 
(a) REQUIREMENT.—Subtitle A of title IV of the Oil 
Pollution Act of 1990 is amended by adding at the end 
the following new section: 
‘‘SEC. 4119. OFFSHORE SENSING AND MONITORING SYS-
TEMS. 
‘‘(a) IN GENERAL.—The equipment required to be 
available under section 311(j)(5)(D)(iii) of the Federal 
Water Pollution Control Act for facilities listed in section 
311(j)(5)(C)(iii) of such Act and located in more than 500 
feet of water includes sensing and monitoring systems that 
meet the requirements of this section. 
‘‘(b) SYSTEMS REQUIREMENTS.—Sensing and moni-
toring systems required under subsection (a) shall— 
‘‘(1) use an integrated, modular, expandable, 
multi-sensor, open-architecture design and tech-
nology with interoperable capability; 
‘‘(2) be capable of— 
‘‘(A) operating for at least 25 years; 
‘‘(B) real-time physical, biological, geologi-
cal, and environmental monitoring; 
‘‘(C) providing alerts in the event of anom-
alous circumstances; 
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213 
‘‘(D) providing docking bases to accommo-
date spatial sensors for remote inspection and 
monitoring; and 
‘‘(E) collecting chemical boundary condi-
tion data for drift and flow modeling; and 
‘‘(3) include— 
‘‘(A) an uninterruptible power source; 
‘‘(B) a spatial sensor; 
‘‘(C) secure Internet access to real-time 
physical, biological, geological, and environ-
mental monitoring data gathered by the system 
sensors; and 
‘‘(D) a process by which such observation 
data and information will be made available to 
Federal Regulators and to the system estab-
lished under section 12304 of Public Law 111– 
11 (33 U.S.C. 3603).’’. 
(b) REQUEST FOR INFORMATION.—Within 60 days 
after the date of enactment of this Act, the Secretary of 
the department in which the Coast Guard is operating 
shall issue a request for information to determine the most 
capable and efficient domestic systems that meet the re-
quirements under section 4119 of the Oil Pollution Act 
of 1990, as amended by this section. 
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214 
(c) IMPLEMENTING
REGULATIONS.—Within 180 
days after the date of enactment of this Act, the Secretary 
of the department in which the Coast Guard is operating 
shall issue regulations to implement section 4119 of the 
Oil Pollution Act of 1990 as amended by this section. 
(d) CLERICAL AMENDMENT.—The table of contents 
in section 2 of the Oil Pollution Act of 1990 is amended 
by adding at the end of the items relating to such subtitle 
the following new item: 
‘‘Sec. 4119. Offshore sensing and monitoring systems.’’. 
SEC. 628. OIL AND GAS EXPLORATION AND PRODUCTION. 
Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended— 
(1) by striking paragraph (24); and 
(2) by redesignating paragraph (25) as para-
graph (24). 
SEC. 629. AUTHORIZATION OF APPROPRIATIONS. 
(a) COAST GUARD.—In addition to amounts made 
available pursuant to section 1012(a)(5)(A) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2712(a)(5)(A)), there is au-
thorized to be appropriated to the Secretary of the depart-
ment in which the Coast Guard is operating from the Oil 
Spill Liability Trust Fund established by section 9509 of 
the Internal Revenue Code of 1986 (26 U.S.C. 9509) to 
carry out the purposes of this title and the amendments 
made by this title the following: 
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215 
(1) For fiscal year 2011, $30,000,000. 
(2) For each of fiscal years 2012 through 2015, 
$32,000,000. 
(b) ENVIRONMENTAL PROTECTION AGENCY.—In ad-
dition to amounts made available pursuant to section 1012 
of the Oil Pollution Act of 1990 (33 U.S.C. 2712), there 
is authorized to be appropriated to the Administrator of 
the Environmental Protection Agency from the Oil Spill 
Liability Trust Fund to implement this title and the 
amendments made by this title $10,000,000 for each of 
fiscal years 2011 through 2015. 
(c) DEPARTMENT OF TRANSPORTATION.—In addi-
tion to amounts made available pursuant to section 60125 
of title 49, United States Code, there is authorized to be 
appropriated to the Secretary of Transportation from the 
Oil Spill Liability Trust Fund to carry out the purposes 
of this title and the amendments made by this title the 
following: 
(1) For each of fiscal years 2011 through 2013, 
$7,000,000. 
(2) For each of fiscal years 2014 and 2015, 
$6,000,000. 
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