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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; 
‘‘(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 
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‘‘(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 
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.’’. 
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(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-
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 
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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’’. 
(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— 
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(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: 
‘‘(ii) who fails to provide notice to the 
appropriate Federal agency pursuant to 
paragraph (5), or’’; and 
(v) by adding at the end the following: 
‘‘Whenever the President delegates the au-
thority to issue regulations under sub-
section (j), the head of the agency who 
issues regulations pursuant to that author-
ity shall have the authority to assess a civil 
penalty in accordance with this section for 
violations of such regulations.’’. 
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(C) 
PENALTY
AMOUNTS.—Section 
311(b)(6)(B) 
of 
such 
Act 
(33 
U.S.C. 
1321(b)(6)(B)) is amended— 
(i) in clause (i)— 
(I) by striking ‘‘$10,000’’ and in-
serting ‘‘$100,000’’; and 
(II) by striking ‘‘$25,000’’ and 
inserting ‘‘$250,000’’; and 
(ii) in clause (ii)— 
(I) by striking ‘‘$10,000’’ and in-
serting ‘‘$100,000’’; and 
(II) by striking ‘‘$125,000’’ and 
inserting ‘‘$1,000,000’’. 
(2) CIVIL
PENALTIES.—Section 311(b)(7) of 
such Act (33 U.S.C. 1321(b)(7)) is amended— 
(A) in subparagraph (A)— 
(i) by striking ‘‘$25,000’’ and insert-
ing ‘‘$100,000’’; and 
(ii) by striking ‘‘$1,000’’ and insert-
ing ‘‘$2,500’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘described in subpara-
graph (A)’’; 
(ii) in clause (i) by striking ‘‘carry out 
removal of the discharge under an order of 
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HR 3534 PCS
ity shall have the authority to seek injunc-
tive relief or assess a civil penalty in ac-
cordance with this section for violations of 
such regulations and the authority to refer 
the matter to the Attorney General for ac-
tion under subparagraph (E).’’; 
(D) in subparagraph (D)— 
(i) by striking ‘‘$100,000’’ and insert-
ing ‘‘$300,000’’; and 
(ii) by striking ‘‘$3,000’’ and insert-
ing ‘‘$7,500’’; and 
(E) in subparagraph (E) by adding at the 
end the following: ‘‘The court may award ap-
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. 
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HR 3534 PCS
(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. 718. 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 
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-
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HR 3534 PCS
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.’’. 
SEC. 719. 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. 
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HR 3534 PCS
‘‘(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; 
‘‘(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 
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(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; 
‘‘(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.— 
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HR 3534 PCS
‘‘(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- 
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.— 
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‘‘(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 
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 
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HR 3534 PCS
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— 
‘‘(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; 
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‘‘(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.’’. 
SEC. 720. 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’’. 
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(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. 721. 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)’’. 
SEC. 722. 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. 723. 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 
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Coast Guard under this title, including the amendments 
made by this title. 
SEC. 724. 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. 
SEC. 725. 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, 
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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; 
‘‘(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-
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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.’’. 
(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. 726. 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 
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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 
U.S.C. 1321) to assist in the response to an oil spill or 
other incident in the waters of the United States. 
SEC. 727. 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 
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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; 
‘‘(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-
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HR 3534 PCS
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. 
(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.’’. 
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SEC. 728. 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. 729. LEAVE RETENTION AUTHORITY. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is amended by inserting after section 425 the 
following: 
‘‘§ 426. Emergency leave retention authority 
‘‘(a) IN GENERAL.—A duty assignment for an active 
duty member of the Coast Guard in support of a declara-
tion of a major disaster or emergency by the President 
under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.) or in re-
sponse to a spill of national significance shall be treated, 
for the purpose of section 701(f)(2) of title 10, as a duty 
assignment in support of a contingency operation. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) SPILL OF NATIONAL SIGNIFICANCE.—The 
term ‘spill of national significance’ means a dis-
charge of oil or a hazardous substance that is de-
clared by the Commandant to be a spill of national 
significance. 
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