H. R. 7776—1686 
‘‘(ii) identify methods for advancing response capa-
bility so as to achieve, with respect to a vessel, compli-
ance with national planning criteria. 
‘‘(C) ONSITE
VERIFICATIONS.—The Program Manager 
shall address the relatively small number and limited 
nature of verifications of response capabilities for vessel 
response plans by increasing, within the Seventeenth Coast 
Guard District, the quantity and frequency of onsite 
verifications of the providers identified in vessel response 
plans. 
‘‘(c) TRAINING.—The Commandant shall enhance the knowledge 
and proficiency of Coast Guard personnel with respect to the Pro-
gram by— 
‘‘(1) developing formalized training on the Program that, 
at a minimum— 
‘‘(A) provides in-depth analysis of— 
‘‘(i) the national planning criteria described in part 
155 of title 33, Code of Federal Regulations (as in 
effect on the date of enactment of this section); 
‘‘(ii) alternative planning criteria; 
‘‘(iii) Western Alaska oil spill planning criteria; 
‘‘(iv) Captain of the Port and Federal On-Scene 
Coordinator authorities related to activation of a vessel 
response plan; 
‘‘(v) the responsibilities of vessel owners and opera-
tors in preparing a vessel response plan for submission; 
and 
‘‘(vi) responsibilities of the Area Committee, 
including risk analysis, response capability, and 
development of alternative planning criteria; 
‘‘(B) explains the approval processes of vessel response 
plans that involve alternative planning criteria or Western 
Alaska oil spill planning criteria; and 
‘‘(C) provides instruction on the processes involved in 
carrying out the actions described in paragraphs (9)(D) 
and (9)(F) of section 311(j) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)), including instruction on 
carrying out such actions— 
‘‘(i) in any geographic area in the United States; 
and 
‘‘(ii) specifically in the Seventeenth Coast Guard 
District; and 
‘‘(2) providing such training to all Coast Guard personnel 
involved in the Program. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ALTERNATIVE
PLANNING
CRITERIA.—The term ‘alter-
native planning criteria’ means criteria submitted under section 
155.1065 or 155.5067 of title 33, Code of Federal Regulations 
(as in effect on the date of enactment of this section), for 
vessel response plans. 
‘‘(2) TRIBE.—The term ‘Tribe’ has the meaning given the 
term ‘Indian Tribe’ in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304). 
‘‘(3) VESSEL RESPONSE PLAN.—The term ‘vessel response 
plan’ means a plan required to be submitted by the owner
H. R. 7776—1687 
or operator of a tank vessel or a nontank vessel under regula-
tions issued by the President under section 311(j)(5) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)). 
‘‘(4) WESTERN ALASKA OIL SPILL PLANNING CRITERIA.—The 
term ‘Western Alaska oil spill planning criteria’ means the 
criteria required to be established under paragraph (9) of sec-
tion 311(j) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)).’’. 
(2) CLERICAL AMENDMENT.—The analysis for chapter 3 of 
title 14, United States Code, is amended by adding at the 
end the following: 
‘‘323. Western Alaska Oil Spill Planning Criteria Program.’’. 
(b) WESTERN ALASKA OIL SPILL PLANNING CRITERIA.— 
(1) AMENDMENT.—Section 311(j) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1321(j)) is amended by adding 
at the end the following: 
‘‘(9) WESTERN ALASKA OIL SPILL PLANNING CRITERIA PRO-
GRAM.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) ALTERNATIVE PLANNING CRITERIA.—The term 
‘alternative planning criteria’ means criteria submitted 
under section 155.1065 or 155.5067 of title 33, Code 
of Federal Regulations (as in effect on the date of 
enactment of this paragraph), for vessel response plans. 
‘‘(ii) PRINCE WILLIAM SOUND CAPTAIN OF THE PORT 
ZONE.—The term ‘Prince William Sound Captain of 
the Port Zone’ means the area described in section 
3.85–15(b) of title 33, Code of Federal Regulations (or 
successor regulations). 
‘‘(iii) SECRETARY.—The term ‘Secretary’ means the 
Secretary of the department in which the Coast Guard 
is operating. 
‘‘(iv) VESSEL
RESPONSE
PLAN.—The term ‘vessel 
response plan’ means a plan required to be submitted 
by the owner or operator of a tank vessel or a nontank 
vessel under regulations issued by the President under 
paragraph (5). 
‘‘(v) WESTERN
ALASKA
CAPTAIN
OF
THE
PORT 
ZONE.—The term ‘Western Alaska Captain of the Port 
Zone’ means the area described in section 3.85–15(a) 
of title 33, Code of Federal Regulations (as in effect 
on the date of enactment of this paragraph). 
‘‘(B) REQUIREMENT.—Except as provided in subpara-
graph (I), for any part of the area of responsibility of 
the Western Alaska Captain of the Port Zone or the Prince 
William Sound Captain of the Port Zone for which the 
Secretary has determined that the national planning cri-
teria established pursuant to this subsection are inappro-
priate for a vessel operating in such area, a vessel response 
plan with respect to a discharge of oil for such a vessel 
shall comply with the Western Alaska oil spill planning 
criteria established under subparagraph (D)(i). 
‘‘(C) RELATION TO NATIONAL PLANNING CRITERIA.—The 
Western Alaska oil spill planning criteria established under 
subparagraph (D)(i) shall, with respect to a discharge of 
oil from a vessel described in subparagraph (B), apply 
in lieu of any alternative planning criteria accepted for
H. R. 7776—1688 
vessels operating, prior to the date on which the Western 
Alaska oil spill planning criteria are established, in any 
part of the area of responsibility of the Western Alaska 
Captain of the Port Zone or the Prince William Sound 
Captain of the Port Zone for which the Secretary has 
determined that the national planning criteria established 
pursuant to this subsection are inappropriate for a vessel 
operating in such area. 
‘‘(D) ESTABLISHMENT
OF
WESTERN
ALASKA
OIL
SPILL 
PLANNING CRITERIA.— 
‘‘(i) IN GENERAL.—The President, acting through 
the Commandant, in consultation with the Western 
Alaska Oil Spill Criteria Program Manager selected 
under section 323 of title 14, United States Code, shall 
establish— 
‘‘(I) Western Alaska oil spill planning criteria 
for a worst case discharge of oil, and a substantial 
threat of such a discharge, within any part of 
the area of responsibility of the Western Alaska 
Captain of the Port Zone or Prince William Sound 
Captain of the Port Zone for which the Secretary 
has determined that the national planning criteria 
established pursuant to this subsection are 
inappropriate for a vessel operating in such area; 
and 
‘‘(II) 
standardized 
submission, 
review, 
approval, and compliance verification processes for 
the Western Alaska oil spill planning criteria 
established under this clause, including the 
quantity and frequency of drills and on-site 
verifications of vessel response plans approved 
pursuant to such planning criteria. 
‘‘(ii) DEVELOPMENT OF SUBREGIONS.— 
‘‘(I) DEVELOPMENT.—After establishing the 
Western Alaska oil spill planning criteria under 
clause (i), and if necessary to adequately reflect 
the needs and capabilities of various locations 
within the Western Alaska Captain of the Port 
Zone, the President, acting through the Com-
mandant, and in consultation with the Western 
Alaska Oil Spill Criteria Program Manager 
selected under section 323 of title 14, United States 
Code, may develop subregions for which planning 
criteria may differ from planning criteria for other 
subregions in the Western Alaska Captain of the 
Port Zone. 
‘‘(II) LIMITATION.—Any planning criteria for 
a subregion developed under this clause may not 
be less stringent than the Western Alaska oil spill 
planning criteria established under clause (i). 
‘‘(iii) ASSESSMENT.— 
‘‘(I) IN GENERAL.—Prior to developing a sub-
region, the President, acting through the Com-
mandant, shall conduct an assessment on any 
potential impacts to the entire Western Alaska 
Captain of the Port Zone to include quantity and 
availability of response resources in the proposed
H. R. 7776—1689 
subregion and in surrounding areas and any 
changes or impacts to surrounding areas resulting 
in the development of a subregion with different 
standards. 
‘‘(II) CONSULTATION.—In conducting an assess-
ment under this clause, the President, acting 
through the Commandant, shall consult with State 
and local governments, Tribes (as defined in sec-
tion 323 of title 14, United States Code), the 
owners and operators that would operate under 
the proposed subregions, oil spill removal organiza-
tions, Alaska Native organizations, and environ-
mental nongovernmental organizations, and shall 
take into account any experience with the prior 
use of subregions within the State of Alaska. 
‘‘(III) 
SUBMISSION.—The 
President, 
acting 
through the Commandant, shall submit the results 
of an assessment conducted under this clause to 
the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation 
of the Senate. 
‘‘(E) INCLUSIONS.— 
‘‘(i) REQUIREMENTS.—The Western Alaska oil spill 
planning criteria established under subparagraph (D)(i) 
shall include planning criteria for the following: 
‘‘(I) Mechanical oil spill response resources 
that are required to be located within any part 
of the area of responsibility of the Western Alaska 
Captain of the Port Zone or the Prince William 
Sound Captain of the Port Zone for which the 
Secretary has determined that the national plan-
ning criteria established pursuant to this sub-
section are inappropriate for a vessel operating 
in such area. 
‘‘(II) Response times for mobilization of oil spill 
response resources and arrival on the scene of 
a worst case discharge of oil, or substantial threat 
of such a discharge, occurring within such part 
of such area. 
‘‘(III) 
Pre-identified 
vessels 
for 
oil 
spill 
response that are capable of operating in the ocean 
environment. 
‘‘(IV) Ensuring the availability of at least 1 
oil spill removal organization that is classified by 
the Coast Guard and that— 
‘‘(aa) is capable of responding in all oper-
ating environments in such part of such area; 
‘‘(bb) controls oil spill response resources 
of dedicated and nondedicated resources 
within such part of such area, through owner-
ship, contracts, agreements, or other means 
approved by the President, sufficient— 
‘‘(AA) to mobilize and sustain a 
response to a worst case discharge of oil; 
and
H. R. 7776—1690 
‘‘(BB) to contain, recover, and tempo-
rarily store discharged oil; 
‘‘(cc) has pre-positioned oil spill response 
resources in strategic locations throughout 
such part of such area in a manner that 
ensures the ability to support response per-
sonnel, marine operations, air cargo, or other 
related logistics infrastructure; 
‘‘(dd) has temporary storage capability 
using both dedicated and non-dedicated assets 
located within such part of such area; 
‘‘(ee) has non-mechanical oil spill response 
resources capable of responding to a discharge 
of persistent oil and a discharge of nonper-
sistent oil, whether the discharged oil was car-
ried by a vessel as fuel or cargo; and 
‘‘(ff) has wildlife response resources for 
primary, secondary, and tertiary responses to 
support carcass collection, sampling, deter-
rence, rescue, and rehabilitation of birds, sea 
turtles, marine mammals, fishery resources, 
and other wildlife. 
‘‘(V) With respect to tank barges carrying non-
persistent oil in bulk as cargo, oil spill response 
resources that are required to be carried on board. 
‘‘(VI) Specifying a minimum length of time 
that approval of a vessel response plan under this 
paragraph is valid. 
‘‘(VII) 
Managing 
wildlife 
protection 
and 
rehabilitation, including identified wildlife protec-
tion and rehabilitation resources in that area. 
‘‘(ii) ADDITIONAL
CONSIDERATIONS.—The Western 
Alaska oil spill planning criteria established under 
subparagraph (D)(i) may include planning criteria for 
the following: 
‘‘(I) Vessel routing measures consistent with 
international routing measure deviation protocols. 
‘‘(II) Maintenance of real-time continuous 
vessel tracking, monitoring, and engagement 
protocols with the ability to detect and address 
vessel operation anomalies. 
‘‘(F) REQUIREMENT FOR APPROVAL.—The President may 
approve a vessel response plan for a vessel under this 
paragraph only if the owner or operator of the vessel dem-
onstrates the availability of the oil spill response resources 
required to be included in the vessel response plan under 
the Western Alaska oil spill planning criteria established 
under subparagraph (D)(i). 
‘‘(G) PERIODIC AUDITS.—The Secretary shall conduct 
periodic audits to ensure compliance of vessel response 
plans and oil spill removal organizations within the 
Western Alaska Captain of the Port Zone and the Prince 
William Sound Captain of the Port Zone with the Western 
Alaska oil spill planning criteria established under 
subparagraph (D)(i). 
‘‘(H) REVIEW OF DETERMINATION.—Not less frequently 
than once every 5 years, the Secretary shall review each
H. R. 7776—1691 
determination of the Secretary under subparagraph (B) 
that the national planning criteria established pursuant 
to this subsection are inappropriate for a vessel operating 
in the area of responsibility of the Western Alaska Captain 
of the Port Zone and the Prince William Sound Captain 
of the Port Zone. 
‘‘(I) VESSELS IN COOK INLET.—Unless otherwise author-
ized by the Secretary, a vessel may only operate in Cook 
Inlet, Alaska, under a vessel response plan approved under 
paragraph (5) that meets the requirements of the national 
planning criteria established pursuant to this subsection. 
‘‘(J) SAVINGS PROVISIONS.—Nothing in this paragraph 
affects— 
‘‘(i) the requirements under this subsection 
applicable to vessel response plans for vessels oper-
ating within the area of responsibility of the Western 
Alaska Captain of the Port Zone, within Cook Inlet, 
Alaska; 
‘‘(ii) the requirements under this subsection 
applicable to vessel response plans for vessels oper-
ating within the area of responsibility of the Prince 
William Sound Captain of the Port Zone that are sub-
ject to section 5005 of the Oil Pollution Act of 1990 
(33 U.S.C. 2735); or 
‘‘(iii) the authority of a Federal On-Scene Coordi-
nator to use any available resources when responding 
to an oil spill.’’. 
(2) ESTABLISHMENT OF WESTERN ALASKA OIL SPILL PLAN-
NING CRITERIA.— 
(A) DEADLINE.—Not later than 2 years after the date 
of enactment of this Act, the President shall establish 
the Western Alaska oil spill planning criteria required 
to be established under paragraph (9)(D)(i) of section 311(j) 
of the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)). 
(B) CONSULTATION.—In establishing the Western 
Alaska oil spill planning criteria described in subparagraph 
(A), the President shall consult with the Federal agencies, 
State and local governments, Tribes (as defined in section 
323 of title 14, United States Code), the owners and opera-
tors that would be subject to such planning criteria, oil 
spill removal organizations, Alaska Native organizations, 
and environmental nongovernmental organizations. 
(C) CONGRESSIONAL REPORT.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall 
submit to Congress a report describing the status of 
implementation of paragraph (9) of section 311(j) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)). 
SEC. 11310. COAST GUARD CLAIMS PROCESSING COSTS. 
Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(4)) is amended by striking ‘‘damages;’’ and inserting ‘‘dam-
ages, including, in the case of a spill of national significance that 
results in extraordinary Coast Guard claims processing activities, 
the administrative and personnel costs of the Coast Guard to 
process such claims (including the costs of commercial claims proc-
essing, expert services, training, and technical services), subject
H. R. 7776—1692 
to the condition that the Coast Guard shall submit to Congress 
a report describing each spill of national significance not later 
than 30 days after the date on which the Coast Guard determines 
it necessary to process such claims;’’. 
SEC. 11311. CALCULATION OF INTEREST ON DEBT OWED TO NATIONAL 
POLLUTION FUND. 
Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 
2705(b)(4)) is amended— 
(1) by striking ‘‘The interest paid’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—The interest paid for claims, other 
than Federal Government cost recovery claims,’’; and 
(2) by adding at the end the following: 
‘‘(B) FEDERAL COST RECOVERY CLAIMS.—The interest 
paid for Federal Government cost recovery claims under 
this section shall be calculated in accordance with section 
3717 of title 31, United States Code.’’. 
SEC. 11312. PER-INCIDENT LIMITATION. 
Subparagraph (A) of section 9509(c)(2) of the Internal Revenue 
Code of 1986 is amended— 
(1) in clause (i) by striking ‘‘$1,000,000,000’’ and inserting 
‘‘$1,500,000,000’’; 
(2) in clause (ii) by striking ‘‘$500,000,000’’ and inserting 
‘‘$750,000,000’’; and 
(3) in the heading by striking ‘‘$1,000,000,000’’ and inserting 
‘‘$1,500,000,000’’. 
SEC. 11313. ACCESS TO OIL SPILL LIABILITY TRUST FUND. 
Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) 
is amended by striking subsection (b) and inserting the following: 
‘‘(b) EXCEPTIONS.— 
‘‘(1) IN GENERAL.—Subsection (a) shall not apply to— 
‘‘(A) section 1006(f), 1012(a)(4), or 5006; or 
‘‘(B) an amount, which may not exceed $50,000,000 
in any fiscal year, made available by the President from 
the Fund— 
‘‘(i) to carry out section 311(c) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(c)); and 
‘‘(ii) to initiate the assessment of natural resources 
damages required under section 1006. 
‘‘(2) FUND ADVANCES.— 
‘‘(A) IN
GENERAL.—To the extent that the amount 
described in subparagraph (B) of paragraph (1) is not ade-
quate to carry out the activities described in such subpara-
graph, the Coast Guard may obtain 1 or more advances 
from the Fund as may be necessary, up to a maximum 
of $100,000,000 for each advance, with the total amount 
of advances not to exceed the amounts available under 
section 9509(c)(2) of the Internal Revenue Code of 1986. 
‘‘(B) NOTIFICATION TO CONGRESS.—Not later than 30 
days after the date on which the Coast Guard obtains 
an advance under subparagraph (A), the Coast Guard shall 
notify Congress of— 
‘‘(i) the amount advanced; and 
‘‘(ii) the facts and circumstances that necessitated 
the advance.
H. R. 7776—1693 
‘‘(C) REPAYMENT.—Amounts advanced under this para-
graph shall be repaid to the Fund when, and to the extent 
that, removal costs are recovered by the Coast Guard from 
responsible parties for the discharge or substantial threat 
of discharge. 
‘‘(3) AVAILABILITY.—Amounts to which this subsection 
applies shall remain available until expended.’’. 
SEC. 11314. COST-REIMBURSABLE AGREEMENTS. 
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) 
is amended— 
(1) in subsection (a)(1)(B) by striking ‘‘by a Governor or 
designated State official’’ and inserting ‘‘by a State, a political 
subdivision of a State, or an Indian tribe, pursuant to a cost- 
reimbursable agreement’’; 
(2) by striking subsections (d) and (e) and inserting the 
following: 
‘‘(d) COST-REIMBURSABLE AGREEMENT.— 
‘‘(1) IN GENERAL.—In carrying out section 311(c) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(c)), the 
President may enter into cost-reimbursable agreements with 
a State, a political subdivision of a State, or an Indian tribe 
to obligate the Fund for the payment of removal costs consistent 
with the National Contingency Plan. 
‘‘(2) INAPPLICABILITY.—Chapter 63 and section 1535 of title 
31, United States Code shall not apply to a cost-reimbursable 
agreement entered into under this subsection.’’; and 
(3) by redesignating subsections (f), (h), (i), (j), (k), and 
(l) as subsections (e), (f), (g), (h), (i), and (j), respectively. 
SEC. 11315. OIL SPILL RESPONSE REVIEW. 
(a) IN GENERAL.—Subject to the availability of appropriations, 
the Commandant shall develop and carry out a program— 
(1) to increase collection and improve the quality of incident 
data on oil spill location and response capability by periodically 
evaluating the data, documentation, and analysis of— 
(A) Coast Guard-approved vessel response plans, 
including vessel response plan audits and assessments; 
(B) oil spill response drills conducted under section 
311(j)(7) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)(7)) that occur within the Marine Transpor-
tation System; and 
(C) responses to oil spill incidents that require 
mobilization of contracted response resources; 
(2) to improve the effectiveness of vessel response plans 
by— 
(A) systematically reviewing the capacity of an oil spill 
response organization identified in a vessel response plan 
to provide the specific response resources, such as private 
personnel, equipment, other vessels identified in such 
vessel response plan; and 
(B) approving a vessel response plan only after con-
firming the identified oil spill response organization has 
the capacity to provide such response resources; 
(3) to update, not less frequently than annually, informa-
tion contained in the Coast Guard Response Resource Inventory 
and other Coast Guard tools used to document the availability
H. R. 7776—1694 
and status of oil spill response equipment, so as to ensure 
that such information remains current; and 
(4) subject to section 552 of title 5, United States Code 
(commonly known as the ‘‘Freedom of Information Act’’), to 
make data collected under paragraph (1) available to the public. 
(b) POLICY.—Not later than 1 year after the date of enactment 
of this Act, the Commandant shall issue a policy— 
(1) to establish processes to maintain the program under 
subsection (a) and support Coast Guard oil spill prevention 
and response activities, including by incorporating oil spill 
incident data from after-action oil spill reports and data 
ascertained from vessel response plan exercises and audits 
into— 
(A) review and approval process standards and metrics; 
(B) alternative planning criteria review processes; 
(C) Area Contingency Plan development; 
(D) risk assessments developed under section 70001 
of title 46, United States Code, including lessons learned 
from reportable marine casualties; 
(E) processes and standards which mitigate the impact 
of military personnel rotations in Coast Guard field units 
on knowledge and awareness of vessel response plan 
requirements, including knowledge relating to the evalua-
tion of proposed alternatives to national planning require-
ments; and 
(F) processes and standards which evaluate the con-
sequences of reporting inaccurate data in vessel response 
plans submitted to the Commandant pursuant to part 300 
of title 40, Code of Federal Regulations, and submitted 
for storage in the Marine Information for Safety and Law 
Enforcement database pursuant to section 300.300 of such 
title (or any successor regulation); 
(2) to standardize and develop tools, training, and other 
relevant guidance that may be shared with vessel owners and 
operators to assist with accurately calculating and measuring 
the performance and viability of proposed alternatives to 
national planning criteria requirements and Area Contingency 
Plans administered by the Coast Guard; 
(3) to improve training of Coast Guard personnel to ensure 
continuity of planning activities under this section, including 
by identifying ways in which civilian staffing may improve 
the continuity of operations; and 
(4) to increase Federal Government engagement with State, 
local, and Tribal governments and stakeholders so as to 
strengthen coordination and efficiency of oil spill responses. 
(c) PERIODIC UPDATES.—Not less frequently than every 5 years, 
the Commandant shall update the processes established under sub-
section (b)(1) to incorporate relevant analyses of— 
(1) incident data on oil spill location and response quality; 
(2) oil spill risk assessments; 
(3) oil spill response effectiveness and the effects of such 
response on the environment; 
(4) oil spill response drills conducted under section 311(j)(7) 
of the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)(7)); 
(5) marine casualties reported to the Coast Guard; and