and biennially thereafter, the Secretary shall submit to 
Congress a comprehensive report— 
(1) summarizing the activities and findings of 
the program; and 
(2) detailing areas and issues requiring future 
monitoring and research. 
(f) DEFINITIONS.—In this section: 
(1) GULF COAST STATE.—The term ‘‘Gulf coast 
State’’ means each of the States of Texas, Lou-
isiana, Mississippi, Alabama, and Florida. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(3) TRUST RESOURCES.—The term ‘‘trust re-
sources’’ means the living and non-living natural re-
sources belonging to, managed by, held in trust by, 
appertaining to, or otherwise controlled by the 
United States, any State, an Indian Tribe, or a local 
government. 
SEC. 106. ARCTIC RESEARCH AND ACTION TO CONDUCT OIL 
SPILL PREVENTION. 
(a) IN GENERAL.—The Secretary of Commerce shall, 
acting through the Under Secretary for Oceans and At-
mosphere and in collaboration with the heads of other 
agencies or departments of the United States with appro-
priate Arctic science expertise, direct research and take 
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action to improve the ability of the United States to con-
duct oil spill prevention, response, and recovery in Arctic 
waters. 
(b) INCLUSIONS.—Research and action under this 
section shall include the prioritization of resources— 
(1) to address— 
(A) ecological baselines and environmental 
sensitivity indexes, including stock assessments 
of marine mammals and other protected species 
in the Arctic; 
(B) identification of ecological important 
areas, sensitive habitats, and migratory behav-
iors; 
(C) the development of oil spill trajectory 
models in Arctic marine conditions; 
(D) the collection of observational data es-
sential for response strategies in the event of an 
oil spill during both open water and ice-covered 
seasons, including data relating to oil spill tra-
jectory models that include data on— 
(i) currents; 
(ii) winds; 
(iii) weather; 
(iv) waves; and 
(v) ice forecasting; 
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(E) the development of a robust oper-
ational monitoring program during the open 
water and ice-covered seasons; 
(F) improvements in technologies and un-
derstanding of cold water oil recovery planning 
and restoration implementation; and 
(G) the integration of local and traditional 
knowledge into oil recovery research studies; 
and 
(2) to establish a robust geospatial framework 
for safe navigation and oil spill response through in-
creased— 
(A) hydrographic and bathymetric sur-
veying, mapping, and navigational charting; 
(B) geodetic positioning; and 
(C) monitoring of tides, sea levels, and cur-
rents in the Arctic. 
TITLE 
II—IMPROVING 
COAST 
GUARD RESPONSE AND IN-
SPECTION CAPACITY 
SEC. 201. SECRETARY DEFINED. 
In this title, except as otherwise specifically provided, 
the term ‘‘Secretary’’ means the Secretary of the Sec-
retary of the Department in which the Coast Guard is op-
erating. 
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SEC. 202. ARCTIC MARITIME READINESS AND OIL SPILL 
PREVENTION. 
(a) IN GENERAL.—The Commandant of the Coast 
Guard shall assess and take action to reduce the risk and 
improve the capability of the United States to respond to 
a maritime disaster in the United States Beaufort and 
Chukchi Seas. 
(b) MATTERS TO BE ADDRESSED.—The assessment 
and actions referred to in subsection (a) shall include the 
prioritization of resources to address the following: 
(1) Oil spill prevention and response capabilities 
and infrastructure. 
(2) The coordination of contingency plans and 
agreements with other agencies and departments of 
the United States, industry, and foreign govern-
ments to respond to an Arctic oil spill. 
(3) The expansion of search and rescue capa-
bilities, infrastructure, and logistics, including im-
provements of the Search and Rescue Optimal Plan-
ning System. 
(4) The provisional designation of places of ref-
uge. 
(5) The evaluation and enhancement of naviga-
tional infrastructure. 
(6) The evaluation and enhancement of vessel 
monitoring, tracking, and automated identification 
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systems and navigational aids and communications 
infrastructure for safe navigation and marine acci-
dent prevention in the Arctic. 
(7) Shipping traffic risk assessments for the 
Bering Strait and the Chukchi and Beaufort Seas. 
(8) The integration of local and traditional 
knowledge and concerns into prevention and re-
sponse strategies. 
SEC. 203. RESPONSE PLAN UPDATE REQUIREMENT. 
(a) IN GENERAL.—The Secretary shall require all re-
sponse plans approved by the Coast Guard under section 
311(j) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)) to be updated not less often than once 
every five years. 
(b) BEST AVAILABLE TECHNOLOGY.—Each response 
plan update required by subsection (a) shall utilize the 
best commercially available technology and methods to 
contain and remove to the maximum extent practicable a 
worst case discharge (including a discharge resulting from 
fire or explosion), and to mitigate or prevent a substantial 
threat of such a discharge. 
(c) TECHNOLOGY STANDARDS.—The Coast Guard 
may establish requirements and guidance for utilizing the 
best commercially available technology and methods, 
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which shall be based on performance metrics and stand-
ards whenever practicable. 
(d) RESUBMISSION.—Each update required by sub-
section (a) shall be considered a significant change requir-
ing it to be resubmitted for approval by the Coast Guard. 
SEC. 204. ADVANCE PLANNING AND PROMPT DECISION-
MAKING IN CLOSING AND REOPENING FISH-
ING GROUNDS. 
(a) REQUIREMENT
THAT
AREA
CONTINGENCY 
PLANS
CONTAIN
AREA-SPECIFIC
PROTOCOLS
AND 
STANDARDS.— 
(1) COOPERATION WITH STATE AND LOCAL OF-
FICIALS.—Section 311(j)(4)(B)(ii) of the Federal 
Water 
Pollution 
Control 
Act 
(33 
U.S.C. 
1321(j)(4)(B)(ii)) is amended by striking the semi-
colon after ‘‘wildlife’’ and inserting a comma and 
‘‘including advance planning with respect to the clos-
ing and reopening of fishing grounds following an oil 
spill;’’. 
(2) FRAMEWORK.—Section 311(j)(4)(C) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1321(j)(4)(C)) is amended— 
(A) by redesignating clauses (vii) and (viii) 
as clauses (viii) and (ix), respectively; and 
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(B) by inserting after clause (vi) the fol-
lowing: 
‘‘(vii) develop a framework for ad-
vance planning and decisionmaking with 
respect to the closing and reopening of 
fishing grounds following an oil spill, in-
cluding protocols and standards for the 
closing and reopening of fishing areas;’’. 
(b) NATIONAL GUIDANCE.—Section 311(j)(4)(D) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)(4)(D)) is amended— 
(1) in clause (i) by striking ‘‘and’’ at the end; 
(2) in clause (ii) by striking the period and in-
serting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iii) acting through the Commandant 
of the Coast Guard and in consultation 
with the Under Secretary for Oceans and 
Atmosphere and any other government en-
tities deemed appropriate, issue guidance 
for Area Committees to use in developing 
a framework for advance planning and de-
cisionmaking with respect to the closing 
and reopening of fishing grounds following 
an oil spill, which guidance shall include 
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model protocols and standards for the clos-
ing and reopening of fishing areas.’’. 
SEC. 205. OIL SPILL TECHNOLOGY EVALUATION. 
(a) IN GENERAL.—The Secretary shall establish a 
program for the formal evaluation and validation of oil 
pollution containment and removal methods and tech-
nologies. 
(b) APPROVAL.—The program required by subsection 
(a) shall establish a process for new methods and tech-
nologies to be submitted, evaluated, and gain validation 
for use in spill responses and inclusion in response plans. 
Following each validation, the Secretary shall consider 
whether the method or technology meets a performance 
capability warranting designation of a new standard for 
best available technology or methods. 
(c) 
TECHNOLOGY
CLEARINGHOUSE.—All 
tech-
nologies and methods validated under this section shall be 
included in the comprehensive list of spill removal re-
sources maintained by the Coast Guard through the Na-
tional Response Unit. 
(d) CONSULTATION.—The Secretary shall consult 
with the Secretary of the Interior, the Under Secretary 
for Oceans and Atmosphere, the Administrator of the En-
vironmental Protection Agency, and the Secretary of 
Transportation in carrying out this section. 
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SEC. 206. COAST GUARD INSPECTIONS. 
(a) IN GENERAL.—The Secretary shall increase the 
frequency and comprehensiveness of safety inspections of 
all United States and foreign-flag tank vessels that enter 
a United States port or place, including increasing the fre-
quency and comprehensiveness of inspections of vessel age, 
hull configuration, and past violations of any applicable 
discharge and safety regulations under United States and 
international law that may indicate that the class societies 
inspecting such vessels may be substandard, and other fac-
tors relevant to the potential risk of an oil spill. 
(b) ENHANCED VERIFICATION OF STRUCTURAL CON-
DITION.—The Secretary shall adopt, as part of the Sec-
retary’s inspection requirements for tank vessels, addi-
tional procedures for enhancing the verification of the re-
ported structural condition of such vessels, taking into ac-
count the Condition Assessment Scheme adopted by the 
International Maritime Organization by Resolution 94(46) 
on April 27, 2001. 
SEC. 207. CERTIFICATE OF INSPECTION REQUIREMENTS. 
Chapter 33 of title 46, United States Code, is amend-
ed— 
(1) in section 3301, by adding at the end the 
following: 
‘‘(16) vessels and other structures, fixed or 
floating, including those which dynamically hold po-
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sition or are attached to the seabed or subsoil, which 
are capable of exploring for, drilling for, developing, 
or producing oil or gas.’’; and 
(2) in section 3305(a)(1)— 
(A) by amending subparagraph (E) to read 
as follows: 
‘‘(E) is in a condition to be operated with 
safety to life and property, which including the 
operation of systems used for the capabilities 
described in paragraph (16) of section 3301, in-
cluding— 
‘‘(i) drilling systems, including risers 
and blow out preventers; and 
‘‘(ii) 
production 
systems, 
if 
so 
equipped;’’; 
(B) in subparagraph (F), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding the following: 
‘‘(G) for vessels and other structures de-
scribed in paragraph (16) of section 3301 (in-
cluding the systems used for the capabilities de-
scribed in paragraph (16) of section 3301), 
complies with the highest classification, certifi-
cation, rating, and inspection standards for ves-
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sels or structures of the same age and type im-
posed by— 
‘‘(i) the American Bureau of Ship-
ping; or 
‘‘(ii) another classification society ap-
proved by the Secretary as meeting accept-
able standards for such a society, except 
that the classification of vessels or struc-
tures under this section by a foreign classi-
fication society may be accepted by the 
Secretary only— 
‘‘(I) to the extent that the gov-
ernment of the foreign country in 
which the society is headquartered ac-
cepts classification by the American 
Bureau of Shipping of vessels and 
structures used in the offshore explo-
ration, development, and production 
of oil and gas in that country; and 
‘‘(II) if the foreign classification 
society has offices and maintains 
records in the United States.’’. 
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SEC. 208. NAVIGATIONAL MEASURES FOR PROTECTION OF 
NATURAL RESOURCES. 
(a) DESIGNATION OF AT-RISK AREAS.—The Com-
mandant of the Coast Guard, in consultation the Under 
Secretary for Oceans and Atmosphere, shall identify areas 
in waters subject to the jurisdiction of the United States 
in which routing or other navigational measures are war-
ranted to reduce the risk of oil spills and potential damage 
to natural resources. In identifying such areas, the Com-
mandant shall give priority consideration to natural re-
sources of particular ecological importance or economic 
importance, including— 
(1) commercial fisheries; 
(2) aquaculture facilities; 
(3) marine sanctuaries designated by the Sec-
retary of Commerce pursuant to the National Ma-
rine Sanctuaries Act (16 U.S.C. 1431 et seq.); 
(4) estuaries of national significance designated 
under section 320 of the Federal Water Pollution 
Control Act (33 U.S.C. 1330); 
(5) critical habitat, as defined in section 3(5) of 
the Endangered Species Act of 1973 (16 U.S.C. 
1532(5)); 
(6) estuarine research reserves within the Na-
tional Estuarine Research Reserve System estab-
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lished by section 315 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1461); and 
(7) national parks and national seashores ad-
ministered by the National Park Service under the 
National Park Service Organic Act (16 U.S.C. 1 et 
seq.). 
(b) FACTORS CONSIDERED.—In determining whether 
navigational measures are warranted for an area under 
subsection (a), the Commandant and the Under Secretary 
for Oceans and Atmosphere shall consider, at a min-
imum— 
(1) the frequency of transits of vessels which 
are required to prepare a response plan under sec-
tion 311(j) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(j)); 
(2) the type and quantity of oil transported as 
cargo or fuel; 
(3) the expected benefits of routing measures in 
reducing risks of spills; 
(4) the costs of such measures; 
(5) the safety implications of such measures; 
and 
(6) the nature and value of the resources to be 
protected by such measures. 
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(c) ESTABLISHMENT OF ROUTING AND OTHER NAVI-
GATIONAL MEASURES.—The Commandant shall establish 
such routing or other navigational measures for areas 
identified under subsection (a). 
(d) ESTABLISHMENT OF AREAS TO BE AVOIDED.— 
To the extent that the Commandant and the Under Sec-
retary for Oceans and Atmosphere identify areas in which 
navigational measures are warranted for an area under 
subsection (a), the Secretary and the Under Secretary 
shall seek to establish such areas through the Inter-
national Maritime Organization or establish comparable 
areas pursuant to regulations and in a manner that is con-
sistent with international law. 
(e) OIL SHIPMENT DATA AND REPORT.— 
(1) DATA COLLECTION.—The Commandant of 
the Coast Guard, in consultation with the Chief of 
Engineers, shall analyze data on oil transported as 
cargo on vessels in the navigable waters of the 
United States, including information on— 
(A) the quantity and type of oil being 
transported; 
(B) the vessels used for such transpor-
tation; 
(C) the frequency with which each type of 
oil is being transported; and 
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(D) the point of origin, transit route, and 
destination of each such shipment of oil. 
(2) QUARTERLY REPORT.— 
(A) REQUIREMENT
FOR
QUARTERLY
RE-
PORT.—The Secretary shall, not less frequently 
than once each calendar quarter, submit to the 
Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on 
Energy and Commerce of the House of Rep-
resentatives a report on the data collected and 
analyzed under paragraph (1). 
(B) FORMAT.—Each report submitted 
under subparagraph (A) shall be submitted in 
a format that does not disclose information ex-
empted from disclosure. 
SEC. 209. NOTICE TO STATES OF BULK OIL TRANSFERS. 
(a) IN GENERAL.—A State may, by law, require a 
person to provide notice of 24 hours or more to the State 
and to the Coast Guard prior to transferring oil in bulk 
as cargo in an amount equivalent to 250 barrels or more 
to, from, or within a vessel in State waters. 
(b) COAST GUARD ASSISTANCE.—The Commandant 
of the Coast Guard may assist a State in developing ap-
propriate methodologies for joint Federal and State notifi-
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cation of an oil transfer described in subsection (a) to min-
imize any potential burden to vessels. 
SEC. 210. GULF OF MEXICO REGIONAL CITIZENS ADVISORY 
COUNCIL. 
(a) IN GENERAL.—Subtitle A of title IV of the Oil 
Pollution Act of 1990 is amended by inserting after sec-
tion 4118 (33 U.S.C. 1203 note) the following: 
‘‘SEC. 4119. GULF OF MEXICO REGIONAL CITIZENS’ ADVI-
SORY COUNCIL. 
‘‘(a) ESTABLISHMENT.—There is established a Gulf 
of Mexico Regional Citizens’ Advisory Council (referred to 
in this section as the ‘Council’). 
‘‘(b) MEMBERSHIP.—The Council shall be composed 
of voting members and nonvoting members, as follows: 
‘‘(1) VOTING MEMBERS.—Each of the States of 
Alabama, Florida, Louisiana, Mississippi, and Texas 
shall each have 6 voting members on the Council 
who shall be residents of the State and appointed by 
the Governor of the State from a list of nominees 
provided by each of the following interests in the 
State, such that each interest in each State is rep-
resented by a voting member: 
‘‘(A) Commercial fin fish and shellfish in-
dustry. 
‘‘(B) Charter fishing industry. 
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‘‘(C) Restaurant, hotel, and tourism indus-
tries. 
‘‘(D) Indigenous peoples communities. 
‘‘(E) Marine and coastal conservation com-
munity. 
‘‘(F) Incorporated and unincorporated mu-
nicipalities. 
‘‘(2) NONVOTING
MEMBERS.—One ex-officio, 
nonvoting representative shall be designated by, and 
represent, each of the following: 
‘‘(A) The Coast Guard. 
‘‘(B) The Environmental Protection Agen-
cy. 
‘‘(C) The National Oceanic and Atmos-
pheric Administration. 
‘‘(D) The Bureau of Ocean Energy Man-
agement, Regulation and Enforcement. 
‘‘(E) The lead maritime environmental and 
natural resources management and enforcement 
agency from each of the States of Alabama, 
Florida, Louisiana, Mississippi, and Texas. 
‘‘(c) TERMS.— 
‘‘(1) IN GENERAL.—The voting members of the 
Council shall be appointed for a term of 3 years. 
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