I 
116TH CONGRESS 
1ST SESSION H. R. 2352 
To improve the ability of the National Oceanic and Atmospheric Administra-
tion, the Coast Guard, and coastal States to sustain healthy ocean 
and coastal ecosystems by maintaining and sustaining their capabilities 
relating to oil spill preparedness, prevention, and response, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2019 
Ms. WASSERMAN
SCHULTZ
(for herself, Ms. MUCARSEL-POWELL, Mr. 
BUCHANAN, and Mr. GAETZ) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure, and in ad-
dition to the Committees on Natural Resources, and Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To improve the ability of the National Oceanic and Atmos-
pheric Administration, the Coast Guard, and coastal 
States to sustain healthy ocean and coastal ecosystems 
by maintaining and sustaining their capabilities relating 
to oil spill preparedness, prevention, and response, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Marine Oil Spill Prevention Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—IMPROVING MARINE OIL SPILL PREVENTION 
CAPABILITIES 
Sec. 101. Coordination between National Oceanic and Atmospheric Administra-
tion, Coast Guard, and Department of the Interior on oil spill 
matters. 
Sec. 102. Strengthening coastal State oil spill planning and response. 
Sec. 103. Moratorium on oil and natural gas preleasing, leasing, and related ac-
tivities in certain areas off the coast of Florida. 
Sec. 104. Coast Guard inspections. 
Sec. 105. Navigational measures for protection of natural resources. 
Sec. 106. Gulf Coast Regional Citizens’ Advisory Council. 
Sec. 107. Vessel as responsible party. 
Sec. 108. Transportation and commerce aspects of outer Continental Shelf 
lands. 
TITLE II—IMPROVING MARINE OIL SPILL PREPAREDNESS 
Sec. 201. Improvements to National Oceanic and Atmospheric Administration 
oil spill response, containment, and prevention. 
Sec. 202. Coast Guard response plan requirements. 
Sec. 203. Oil spill technology evaluation. 
Sec. 204. Safety management system requirements for mobile offshore drilling 
units. 
Sec. 205. Gulf of Mexico long-term marine environmental monitoring and re-
search program. 
Sec. 206. Use of oil spill liability trust fund for expenses of National Oceanic 
and Atmospheric Administration. 
Sec. 207. Notice to States of bulk oil transfers. 
Sec. 208. Coast Guard research and development. 
TITLE III—IMPROVING MARINE OIL SPILL RESPONSE 
CAPABILITIES 
Sec. 301. Prompt publication of oil spill information. 
Sec. 302. Coordination of Federal, State, and local activities with respect to oil 
spill surveys. 
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TITLE 
I—IMPROVING 
MARINE 
OIL SPILL PREVENTION CA-
PABILITIES 
SEC. 101. COORDINATION BETWEEN NATIONAL OCEANIC 
AND ATMOSPHERIC ADMINISTRATION, COAST 
GUARD, AND DEPARTMENT OF THE INTERIOR 
ON OIL SPILL MATTERS. 
(a) OUTER CONTINENTAL SHELF LEASING PRO-
GRAM.—Section 18 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1344) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘from 
any interested Federal agency, including the 
Attorney General’’ and inserting ‘‘from the 
head of any interested Federal department or 
agency, including the Secretary of Commerce, 
the Secretary of the department in which the 
Coast Guard is operating, and the Attorney 
General’’; and 
(B) in paragraph (3), by striking ‘‘Within 
nine months after the date of the enactment of 
this section, the Secretary shall submit a pro-
posed leasing program to the Congress, the At-
torney General,’’ and inserting ‘‘The Secretary 
shall submit any proposed leasing program to 
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the Congress, the head of each interested Fed-
eral department or agency described in para-
graph (1), the Attorney General,’’; 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘pro-
posed leasing program,’’ in the first sentence 
and all that follows through the end of the 
paragraph and inserting ‘‘proposed leasing pro-
gram— 
‘‘(A) the Attorney General, after consulta-
tion with the Federal Trade Commission, may 
submit comments on the anticipated effects of 
the proposed program on competition; 
‘‘(B) the Secretary of Commerce may sub-
mit comments on the anticipated effects of the 
proposed program on the human, marine, and 
coastal environments, including the likelihood of 
occurrence and potential severity of spills and 
chronic pollution; 
‘‘(C) the Secretary of the department in 
which the Coast Guard is operating may submit 
comments on the adequacy of the response ca-
pabilities of the Federal Government for spills 
and chronic pollution that may occur as a result 
of the proposed program; and 
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‘‘(D) any State, local government, or other 
person may submit comments and recommenda-
tions as to any aspect of the proposed pro-
gram.’’; 
(B) in paragraph (2), by striking ‘‘Attor-
ney General’’ and inserting ‘‘Attorney General, 
the Secretary of Commerce, the Secretary of 
the department in which the Coast Guard is op-
erating,’’; and 
(C) in paragraph (3), by striking ‘‘or after 
eighteen months following the date of the enact-
ment of this section, whichever first occurs,’’; 
(3) in subsection (e), by striking ‘‘He’’ and in-
serting ‘‘The Secretary’’; and 
(4) in subsection (h)— 
(A) by striking ‘‘nonpriviledged’’ and in-
serting ‘‘nonprivileged’’; 
(B) by striking ‘‘he requests to assist him’’ 
and inserting ‘‘the Secretary requests to assist 
the Secretary’’; and 
(C) by striking ‘‘he requests to assist him’’ 
and inserting ‘‘the Secretary requests to assist 
the Secretary’’. 
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(b) ENVIRONMENTAL STUDIES.—Section 20(f) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1346(f)) 
is amended— 
(1) by striking ‘‘In executing his’’ and inserting 
‘‘(1) IN GENERAL.—In executing the’’ and indenting 
accordingly; and 
(2) by adding at the end the following: 
‘‘(2) NATIONAL
OCEANIC
AND
ATMOSPHERIC 
ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—In addition to any 
other requirement under law, the Secretary, be-
fore the approval of any program, lease, explo-
ration plan, or development and production 
plan, shall consult with the Administrator of 
the National Oceanic and Atmospheric Admin-
istration (referred to in this paragraph as the 
‘Administrator’) on any reasonably foreseeable 
adverse effects of the proposed action, including 
oil spills, on ocean and coastal resources. 
‘‘(B) INITIATION OF CONSULTATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall consult the Administrator under sub-
paragraph (A) as soon as practicable, but 
not later than 90 days before the date of 
approval of the proposed action. 
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‘‘(ii) PROVISION OF INFORMATION.— 
When consulting the Administrator under 
subparagraph (A), the Secretary shall pro-
vide to the Administrator— 
‘‘(I) information describing the 
nature, location, and duration of the 
proposed action; and 
‘‘(II) a description of all reason-
ably foreseeable adverse effects on 
ocean and coastal resources. 
‘‘(C) ALTERNATIVES.— 
‘‘(i) IN GENERAL.—At any time be-
fore the date that is 45 days before the ap-
proval of the proposed action, the Adminis-
trator may recommend to the Secretary al-
ternatives to any proposed action, includ-
ing measures that will prevent or minimize 
reasonably foreseeable adverse effects on 
ocean and coastal resources. 
‘‘(ii) 
SECRETARIAL
ACTION.—The 
Secretary shall incorporate into the ap-
proval for the proposed action any alter-
native or mitigation measure recommended 
under clause (i), unless the Secretary— 
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‘‘(I) determines that the alter-
native or mitigation measure is not 
necessary to prevent or minimize rea-
sonably foreseeable adverse effects on 
marine and coastal resources; and 
‘‘(II) notifies the Administrator 
in writing of the reasons for the deter-
mination under subclause (I).’’. 
SEC. 102. STRENGTHENING COASTAL STATE OIL SPILL 
PLANNING AND RESPONSE. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL 
PLANNING AND RESPONSE. 
‘‘(a) GRANTS TO COASTAL STATES.—The Secretary 
may make grants to eligible coastal States— 
‘‘(1) to revise management programs approved 
under section 306 and National Estuarine Research 
Reserves approved under section 315 to identify and 
implement new enforceable policies and procedures 
to ensure sufficient response capabilities at the State 
level to address the environmental, economic, and so-
cial impacts of oil spills or other accidents resulting 
from Outer Continental Shelf energy activities with 
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the potential to affect land or water use or natural 
resources of the coastal zone; and 
‘‘(2) to review and revise as necessary applica-
ble enforceable policies within approved coastal State 
management programs affecting coastal energy ex-
ploration or development activities, including geologi-
cal and geophysical activities, to ensure that these 
policies are consistent with— 
‘‘(A) other emergency response plans and 
policies developed under Federal or State law to 
address the impacts and accidents described in 
paragraph (1); and 
‘‘(B) the new policies and procedures de-
veloped under paragraph (1). 
‘‘(b) ELEMENTS.—In developing new enforceable 
policies and procedures with grants under subsection (a), 
an eligible coastal State shall consider— 
‘‘(1) other existing emergency response plans 
and policies developed under other Federal or State 
law, to address the impacts and accidents described 
in paragraph (1), that affect the coastal zone; 
‘‘(2) the identification of critical infrastructure 
essential to facilitate oil spill or accident response 
activities; 
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‘‘(3) the identification of coordination, logistics, 
and communication networks between Federal and 
State government agencies, and between State agen-
cies and affected local communities, to ensure the ef-
ficient and timely dissemination of data and other 
information; 
‘‘(4) the inventories of shore locations and in-
frastructure and equipment necessary to respond to, 
or monitor environmental impacts of, oil spills or 
other accidents resulting from Outer Continental 
Shelf energy activities; 
‘‘(5) the identification and characterization of 
significant or sensitive marine ecosystems or other 
areas 
possessing 
important 
conservation, 
rec-
reational, ecological, historic, economic, or aesthetic 
values; 
‘‘(6) the inventories and surveys of shore loca-
tions and infrastructure capable of supporting alter-
native energy development; 
‘‘(7) the observation and data collection capa-
bilities necessary to assess ocean conditions before, 
during, and after an oil spill or other adverse inci-
dent resulting from Outer Continental Shelf energy 
activities; and 
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‘‘(8) other information or actions as may be 
necessary to address the environmental, economic, 
and social impacts of oil spills or other adverse inci-
dents resulting from Outer Continental Shelf energy 
activities. 
‘‘(c) GUIDELINES.—Not later than 180 days after the 
date of the enactment of the Marine Oil Spill Prevention 
Act, the Secretary, after consultation with the coastal 
States, shall publish guidelines for the application for and 
use of grants under this section. 
‘‘(d) PARTICIPATION.—An eligible coastal State shall 
develop new enforceable policies and procedures under this 
section in accordance with section 306(d)(1) and amend 
or modify any new enforceable policies or procedures in 
accordance with section 306(e). 
‘‘(e) ANNUAL GRANTS.— 
‘‘(1) IN
GENERAL.—For each of fiscal years 
2022 through 2024, the Secretary may make a 
grant to a coastal State to develop new enforceable 
policies and procedures under this section. 
‘‘(2) 
GRANT
AMOUNTS
AND
LIMIT
ON 
AWARDS.—The amount of any grant to any coastal 
State under this section shall not exceed $750,000 
for any fiscal year. 
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‘‘(3) NO STATE MATCHING CONTRIBUTION RE-
QUIRED.—A coastal State shall not be required to 
contribute any portion of the cost of a grant award-
ed under this section. 
‘‘(4) TRANSFER OF FUNDS.—A coastal State 
that receives a grant under this section may transfer 
grant funds to an appropriate agency of the coastal 
State. 
‘‘(5) SECRETARIAL
REVIEW
AND
LIMIT
ON 
AWARDS.—After an initial grant is made to a coastal 
State under this section, no subsequent grant may 
be made to that coastal State under this section un-
less the Secretary finds that the coastal State is sat-
isfactorily developing revisions to address the im-
pacts and accidents described in subsection (a)(1). 
No coastal State is eligible to receive grants under 
this section for more than 2 fiscal years. 
‘‘(f) APPLICABILITY.—The requirements of this sec-
tion shall only apply if appropriations are provided to the 
Secretary to make grants under this section. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to convey any new authority to any 
coastal State, or repeal or supersede any existing authority 
of any coastal State, to regulate the siting, licensing, leas-
ing, or permitting of alternative energy facilities in areas 
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of the Outer Continental Shelf under the administration 
of the Federal Government. Nothing in this section repeals 
or supersedes any existing coastal State authority. 
‘‘(h) ASSISTANCE BY THE SECRETARY.—The Sec-
retary, as authorized under section 310(a) and to the ex-
tent practicable, shall make available to coastal States the 
resources and capabilities of the National Oceanic and At-
mospheric Administration to provide technical assistance 
to the coastal States to prepare revisions to approved man-
agement programs to meet the requirements under this 
section.’’. 
SEC. 103. MORATORIUM ON OIL AND NATURAL GAS 
PRELEASING, LEASING, AND RELATED AC-
TIVITIES IN CERTAIN AREAS OFF THE COAST 
OF FLORIDA. 
Section 18 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1344) is amended by adding at the end the 
following: 
‘‘(i) MORATORIUM
ON OIL
AND NATURAL GAS 
PRELEASING, LEASING, AND RELATED ACTIVITIES
IN 
CERTAIN AREAS OFF THE COAST OF FLORIDA.—Not-
withstanding any other provision of this section or any 
other law, the Secretary may not offer for oil and gas leas-
ing or preleasing or any related activity, any tract located 
in— 
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‘‘(1) any area of the Eastern Gulf of Mexico 
that is referred to in section 104(a) of the Gulf of 
Mexico Energy Security Act of 2006; 
‘‘(2) the portion of the South Atlantic Planning 
Area south of 30 degrees 43 minutes North Lati-
tude; or 
‘‘(3) the Straits of Florida Planning Area.’’. 
SEC. 104. COAST GUARD INSPECTIONS. 
(a) IN GENERAL.—The Secretary of the department 
in which the Coast Guard is operating 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 of the department in which the 
Coast Guard is operating 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-
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count the Condition Assessment Scheme adopted by the 
International Maritime Organization by Resolution 94(46) 
on April 27, 2001, as amended and consolidated. 
SEC. 105. NAVIGATIONAL MEASURES FOR PROTECTION OF 
NATURAL RESOURCES. 
(a) DESIGNATION OF AT-RISK AREAS.— 
(1) IN
GENERAL.—The Commandant of the 
Coast Guard, in consultation with the Under Sec-
retary for Oceans and Atmosphere, shall identify 
areas in waters subject to the jurisdiction of the 
United States, including the exclusive economic zone 
(as established by Presidential Proclamation Num-
bered 5030 of March 10, 1983 (16 U.S.C. 1453 
note)), in which routing or other navigational meas-
ures are warranted to reduce the risk of oil spills 
and potential damage to natural resources. 
(2) CONSIDERATIONS.—In identifying the areas 
described in paragraph (1), the Commandant shall 
give priority consideration to natural resources of 
particular ecological importance or economic impor-
tance, including— 
(A) commercial fisheries; 
(B) aquaculture facilities; 
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(C) marine sanctuaries designated by the 
Secretary of Commerce under the National Ma-
rine Sanctuaries Act (16 U.S.C. 1431 et seq.); 
(D) estuaries of national significance des-
ignated under section 320 of the Federal Water 
Pollution Control Act (33 U.S.C. 1330); 
(E) critical habitat, as defined in section 
3(5) of the Endangered Species Act of 1973 
(16 U.S.C. 1532(5)); 
(F) estuarine research reserves within the 
National Estuarine Research Reserve System 
established by section 315 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1461); 
and 
(G) national parks and national seashores 
administered 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 identified 
under subsection (a), the Commandant and the Under 
Secretary shall consider, at a minimum— 
(1) the frequency of transits of vessels that are 
required to prepare a response plan under section 
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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. 
(c) ESTABLISHMENT OF ROUTING AND OTHER NAVI-
GATIONAL MEASURES.—The Commandant shall establish 
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 identify areas in which navigational measures are 
warranted for an area under subsection (a), the Secretary 
of Commerce and the Under Secretary shall seek to estab-
lish such areas through the International Maritime Orga-
nization or establish comparable areas pursuant to regula-
tions and in a manner that is consistent with international 
law. 
(e) OIL SHIPMENT DATA AND REPORT.— 
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(1) DATA COLLECTION.—The Commandant, in 
consultation with the Chief of Engineers of the 
United States Army, shall analyze data on oil trans-
ported 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 
(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 of Commerce, not less 
frequently than once each calendar quarter, 
shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the 
House of Representatives a report on the data 
collected and analyzed under paragraph (1). 
(B) FORMAT.—Each report submitted 
under subparagraph (A) shall be submitted in 
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a format that does not disclose information ex-
empted from disclosure. 
SEC. 106. GULF COAST REGIONAL CITIZENS’ ADVISORY 
COUNCIL. 
(a) IN GENERAL.—Subtitle A of title IV of the Oil 
Pollution Act of 1990 (Public Law 115–282) is amended 
by adding at the end the following: 
‘‘SEC. 4119. GULF COAST REGIONAL CITIZENS’ ADVISORY 
COUNCIL. 
‘‘(a) ESTABLISHMENT.—There is established a Gulf 
Coast Regional Citizens’ Advisory Council. 
‘‘(b) MEMBERSHIP.—The Council shall be composed 
of voting members and nonvoting members, as follows: 
‘‘(1) VOTING MEMBERS.—The Secretary of the 
department in which the Coast Guard is operating 
shall appoint 5 voting members from each Gulf 
Coast State, one to represent each of the following 
interests from each Gulf Coast State. 
‘‘(A) Commercial fin fish and shellfish in-
dustry organizations, the members of which de-
pend on the marine fisheries resources of the 
State. 
‘‘(B) Recreational fishing industry organi-
zations, the members of which depend on the 
marine fisheries resources of the State. 
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‘‘(C) Restaurant, hotel, and tourism indus-
try organizations, the members of which depend 
upon the beaches, dunes, barrier islands, wet-
lands, estuaries, bayous, sounds, bays, lagoons, 
reefs, fish, wildlife, or other coastal resources of 
the State. 
‘‘(D) Marine and coastal conservation or-
ganizations, members of which reside in the 
State. 
‘‘(E) Counties or parishes, and incor-
porated and unincorporated municipalities of 
the State. 
‘‘(2) NONVOTING
MEMBERS.—One ex officio, 
nonvoting representative shall be designated by, and 
represent, each of the following on the Council: 
‘‘(A) The Coast Guard. 
‘‘(B) The Environmental Protection Agen-
cy. 
‘‘(C) The National Oceanic and Atmos-
pheric Administration. 
‘‘(D) The Bureau of Safety and Environ-
mental Enforcement. 
‘‘(E) The Office of Pipeline Safety. 
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‘‘(F) The lead maritime environmental and 
natural resources management and enforcement 
agency of each of the Gulf Coast States. 
‘‘(G) The maritime or shipping industry. 
‘‘(H) The energy industry. 
‘‘(3) GEOGRAPHIC BALANCE.—Voting and non-
voting members shall be drawn equally from the 
States represented on the Council. 
‘‘(c) INITIAL FORMATION.—Not later than 90 days 
after the date of the enactment of the Marine Oil Spill 
Prevention Act, the Secretary of the department in which 
the Coast Guard is operating shall appoint the initial vot-
ing members of the Council and call the first meeting of 
the Council. 
‘‘(d) TERMS.— 
‘‘(1) DURATION OF THE COUNCIL.—The dura-
tion of the Council shall be throughout the lifetime 
of energy exploration, development, production, 
transportation, and facility removal activities in one 
or more of the Gulf Coast States, and throughout 
the lifetime of such activities in the Gulf of Mexico. 
‘‘(2) TERMS OF VOTING MEMBERS.— 
‘‘(A) IN GENERAL.—The voting members 
of the Council shall be appointed for a term of 
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3 years, except as provided in subparagraph 
(B). 
‘‘(B) TERMS
OF
INITIAL
APPOINTEES.— 
The terms of service of voting members initially 
appointed by the Secretary of the department in 
which the Coast Guard is operating shall be es-
tablished by a drawing of lots, under which— 
‘‘(i) 9 of the voting members shall 
serve for 3 years; 
‘‘(ii) 9 of the voting members shall 
serve for 2 years; and 
‘‘(iii) 7 of the voting members shall 
serve for 1 year. 
‘‘(e) GOVERNANCE.— 
‘‘(1) IN GENERAL.—The Council shall elect a 
chairperson, select staff, and make policies with re-
gard to internal operating procedures. 
‘‘(2) SELF-GOVERNING.—After the initial orga-
nizational meeting called by the Secretary of the de-
partment in which the Coast Guard is operating, the 
Council shall be self-governing and shall hold meet-
ings thereafter at least once each year. 
‘‘(3) TRANSPARENCY.—The Council shall— 
‘‘(A) conduct the operations of the Council 
in public, to the maximum extent practicable; 
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‘‘(4) CONFLICTS OF INTEREST.—An individual 
appointed as a voting member of the Council may 
not engage in any activity that may conflict with the 
execution of the functions or duties of the individual 
as a Council member. 
‘‘(f) DUTIES.— 
‘‘(1) IN GENERAL.—The Council shall, with re-
gard to the activities, operation, and maintenance of 
facilities and tank vessels in the Gulf Coast States 
and the Gulf of Mexico— 
‘‘(A) provide advice and recommendations 
to covered persons, relevant Federal agencies, 
and Gulf Coast States regarding applicable poli-
cies, permits, operations, and regulations; 
‘‘(B) monitor impacts on marine and 
coastal ecosystems; 
‘‘(C) monitor relevant oil spill prevention 
and response plans, including plans relating to 
blowout prevention and response; and 
‘‘(D) recommend standards and conditions 
for regulations intended to ensure safety of life 
and property and minimize negative impacts on 
marine and coastal ecosystems. 
‘‘(2) GEOGRAPHIC SCOPE.—The Council shall 
carry out the duties described in paragraph (1) in a 
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manner that, to the extent practicable, covers all ac-
tivities, operation, and maintenance of facilities and 
tank vessels occurring in Gulf Coast States and the 
Gulf of Mexico. 
‘‘(g) ESTOPPEL.—The Council is not liable under 
Federal or State law for costs or damages resulting from 
the discharge of its duties. No advice given by a voting 
member of the Council, or by a program representative 
or agent, shall be grounds for estopping the interests rep-
resented by voting Council members from seeking dam-
ages or other appropriate relief. 
‘‘(h) SCIENTIFIC WORK.—In carrying out its duties, 
the Council— 
‘‘(1) may conduct applicable scientific research; 
and 
‘‘(2) shall review applicable scientific work un-
dertaken by or on behalf of the energy industry, con-
servation organizations, or government agencies. 
‘‘(i) STANDING COMMITTEES.—The Council may cre-
ate standing committees as necessary to carry out the du-
ties described in subsection (f), including— 
‘‘(1) a scientific and technical committee; 
‘‘(2) an environmental monitoring committee; 
‘‘(3) an oil spill prevention and response com-
mittee; 
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‘‘(4) an offshore monitoring committee to mon-
itor activities in waters of the Gulf of Mexico that 
are more than 500 feet in depth; and 
‘‘(5) a coastal monitoring committee to monitor 
activities on the coast of the Gulf of Mexico and in 
waters of the Gulf of Mexico that are 500 feet or 
less in depth. 
‘‘(j) AGENCY COOPERATION.— 
‘‘(1) INFORMATION.—The Council may request 
directly from any Federal agency, and upon such re-
quest each Federal agency shall furnish to the Coun-
cil to the extent authorized by law, information, sug-
gestions, estimates, and statistics, for the purpose of 
fulfilling its duties under subsection (f). 
‘‘(2) CONSULTATION.— 
‘‘(A) IN
GENERAL.—For any Federal 
agency action with respect to a permit, site-spe-
cific regulation, or other matter governing mat-
ters within the purview of the Council taken 
more than 180 days after the date of the enact-
ment of this Act, such agency shall consult with 
the Council before taking such action. 
‘‘(B) REVIEW.—A Federal agency con-
sultation required by this paragraph shall be 
carried out in a manner that enables the Coun-
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cil to review such agency action and make ap-
propriate recommendations consistent with its 
duties. 
‘‘(C) 
EMERGENCIES.—No 
consultation 
shall be required under this paragraph if an au-
thorized representative of a Federal agency rea-
sonably believes that an emergency exists re-
quiring action without delay. 
‘‘(k) RECOMMENDATIONS OF THE COUNCIL.— 
‘‘(1) IN GENERAL.—All recommendations of the 
Council shall be advisory only. 
‘‘(2) RESPONSE TO RECOMMENDATIONS.—If a 
covered person decides not to adopt, or decides to 
adopt with substantial modification, a recommenda-
tion of the Council, then the covered person shall 
provide to the Council, not later than 10 days after 
the date of such decision, written notice of the deci-
sion and a written explanation of the reason or rea-
sons for the decision. 
‘‘(l) LOCATION AND COMPENSATION.— 
‘‘(1) LOCATION.—The Council shall establish 
offices in one or more of the Gulf Coast States, as 
the Council determines to be necessary and appro-
priate to the execution of its duties. 
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‘‘(2) COMPENSATION.—A member of the Coun-
cil may not be compensated for service on the Coun-
cil, but shall be allowed travel expenses, including 
per diem, at a rate established by the Council, which 
may not exceed the rates authorized for employees 
of agencies under sections 5702 and 5703 of title 5, 
United States Code, except by express authorization 
of the Council in a case in which the rates are inad-
equate to reimburse a member not eligible for travel 
rates of the Federal Government. 
‘‘(m) FUNDING.— 
‘‘(1) REQUIREMENT.—Approval of the contin-
gency plans required of covered persons under this 
Act shall be effective only so long as the Council is 
funded under paragraph (2). 
‘‘(2) CONTRIBUTIONS BY COVERED PERSONS.— 
Covered persons shall provide, on an annual basis, 
an aggregate amount of not more than $10,000,000, 
as determined by the Secretary of the department in 
which the Coast Guard is operating, that shall pro-
vide for the establishment and ongoing operation of 
the Council, and shall be adjusted annually to reflect 
changes in the Consumer Price Index in the Gulf 
Coast States. 
‘‘(n) INDEPENDENT AUDITS; REPORTS.— 
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structure of the House of Representatives a report 
covering the operations and expenditures of the 
Council in carrying out this section, including any 
recommendations the Comptroller deems appro-
priate. 
‘‘(o) SUITES BARRED.—Neither the Council nor any 
committee, program, association, or other organization 
created by or under the authority of this section may sue 
a public or private person or entity concerning any matter 
arising under this section other than the performance of 
a contract. 
‘‘(p) DEFINITIONS.—In this section: 
‘‘(1) COUNCIL.—The term ‘Council’ means the 
Gulf Coast Regional Citizens’ Advisory Council es-
tablished under subsection (a). 
‘‘(2) COVERED
PERSON.—The term ‘covered 
person’ means an owner or operator of a facility, an 
owner or operator of a tank vessel, a lessee, or a 
permittee. 
‘‘(3) FEDERAL
AGENCY.—The term ‘Federal 
agency’ means any department, agency, or other in-
strumentality of the Federal Government, any inde-
pendent agency or establishment of the Federal Gov-
ernment including any Government corporation, and 
the Government Publishing Office. 
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‘‘(4) GULF
COAST
STATES.—The term ‘Gulf 
Coast States’ means the States of Alabama, Florida, 
Louisiana, Mississippi, and Texas. 
‘‘(5) GULF
OF
MEXICO.—The term ‘Gulf of 
Mexico’ means the territorial seas and exclusive eco-
nomic zone of the United States in the Gulf of Mex-
ico.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 2 of the Oil Pollution Act of 1990 (104 
Stat. 484) is amended by adding at the end of the items 
relating to subtitle A of title IV the following: 
‘‘4119. Gulf Coast Regional Citizens’ Advisory Council.’’. 
SEC. 107. VESSEL AS RESPONSIBLE PARTY. 
Section 1001(32)(A) of the Oil Pollution Act of 1990 
(33 U.S.C. 2701(32)(A)) is amended by striking ‘‘with a 
single hull after December 31, 2010’’. 
SEC. 108. TRANSPORTATION AND COMMERCE ASPECTS OF 
OUTER CONTINENTAL SHELF LANDS. 
(a) ENFORCEMENT.—Section 22 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1348) is amended— 
(1) in subsection (d)(1)— 
(A) by inserting ‘‘, each marine casualty 
and accident that posed a serious threat to the 
safety of life and property at sea or to the ma-
rine environment,’’ after ‘‘fire’’; and 
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(B) by inserting ‘‘, as a condition of the 
leases or permits’’ after ‘‘any such investiga-
tion’’; 
(2) in subsection (d)(2), by inserting ‘‘, as a 
condition of the leases or permits’’ after ‘‘any such 
investigation’’; 
(3) in subsection (e)— 
(A) by striking ‘‘Secretary, or, in the case 
of occupational safety and health,’’ and insert-
ing ‘‘Secretary or’’; and 
(B) by striking ‘‘Coast Guard is oper-
ating,’’ and inserting ‘‘Coast Guard is oper-
ating’’; and 
(4) by adding at the end the following: 
‘‘(g) INDEPENDENT INVESTIGATION OF TRANSPOR-
TATION ACCIDENTS.— 
‘‘(1) IN GENERAL.—At the request of the Sec-
retary of the department in which the Coast Guard 
is operating or the Secretary, the National Trans-
portation Safety Board may conduct an independent 
investigation of any accident, occurring in the outer 
Continental Shelf and involving activities under this 
Act, that does not otherwise fall within the definition 
of an accident or major marine casualty (as those 
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terms are used in chapter 11 of title 49, United 
States Code). 
‘‘(2) TRANSPORTATION
ACCIDENT.—For pur-
poses of an investigation under this subsection, an 
accident that is the subject of a request under para-
graph (1) shall be treated as a transportation acci-
dent (as that term is used in chapter 11 of title 49, 
United States Code). 
‘‘(h) INFORMATION ON CAUSES AND CORRECTIVE 
ACTIONS.— 
‘‘(1) IN GENERAL.—For each accident inves-
tigated under this section, the Secretary of the de-
partment in which the Coast Guard is operating and 
the Secretary shall promptly make available to the 
public technical information about the causes of the 
accident and corrective actions taken. 
‘‘(2) PUBLIC DATABASE.—All data and reports 
related to an accident described in paragraph (1) 
shall be maintained in a database that is freely 
available to the public. 
‘‘(i) INSPECTION FEES.— 
‘‘(1) IN GENERAL.—To the extent necessary to 
fund inspections and other duties under this Act of 
the Secretary of the department in which the Coast 
Guard is operating and the Secretary of Commerce, 
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upon the request of the Secretary of the department 
in which the Coast Guard is operating and the Sec-
retary of Commerce, the Secretary shall collect a 
non-refundable inspection fee, which shall be depos-
ited in the Ocean Commerce, Transportation, and 
Navigation Enforcement Fund established under 
paragraph (3), from the designated operator for fa-
cilities subject to inspection under subsection (c). 
‘‘(2) ESTABLISHMENT.—The Secretary shall es-
tablish, by rule, inspection fees— 
‘‘(A) at an aggregate level equal to the 
amount necessary to offset the annual expenses 
incurred by the Secretary of the department in 
which the Coast Guard is operating and the 
Secretary of Commerce in carrying out inspec-
tions of outer Continental Shelf facilities (in-
cluding mobile offshore drilling units), admin-
istering and enforcing safety and health regula-
tions and requirements, providing comments to 
and consulting with the Secretary as required 
under this Act; and 
‘‘(B) which may vary based on differences 
in size and complexity among classes of facili-
ties. 
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‘‘(3) OCEAN
COMMERCE, 
TRANSPORTATION, 
AND NAVIGATION ENFORCEMENT FUND.—There is 
established in the Treasury a separate account, to be 
known as the ‘Ocean Commerce, Transportation, 
and Navigation Enforcement Fund’ (referred to in 
this subsection as the ‘Fund’), into which shall be 
deposited amounts collected by the Secretary under 
paragraph (1) and which shall be available as pro-
vided under paragraph (4). 
‘‘(4) AVAILABILITY OF FEES.—Notwithstanding 
section 3302 of title 31, United States Code, all 
amounts collected by the Secretary under this sec-
tion— 
‘‘(A) shall be available for expenditure only 
for purposes of carrying out inspections of 
outer Continental Shelf facilities (including mo-
bile offshore drilling units) and carrying out the 
other duties and responsibilities of the Sec-
retary of the department in which the Coast 
Guard is operating and the Secretary of Com-
merce under this Act; 
‘‘(B) shall be available only to the extent 
provided for in advance in an appropriations 
Act; and 
‘‘(C) shall remain available until expended. 
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TITLE II—IMPROVING MARINE 
OIL SPILL PREPAREDNESS 
SEC. 201. IMPROVEMENTS TO NATIONAL OCEANIC AND AT-
MOSPHERIC ADMINISTRATION OIL SPILL RE-
SPONSE, CONTAINMENT, AND PREVENTION. 
(a) REVIEW OF ABILITY OF NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION TO RESPOND TO OIL 
SPILLS.— 
(1) COMPREHENSIVE REVIEW REQUIRED.—Not 
later than 1 year after the date of the enactment of 
this Act, the Under Secretary for Oceans and At-
mosphere shall conduct a comprehensive review of 
the current capacity of the National Oceanic and At-
mospheric Administration to respond to oil spills. 
(2) ELEMENTS.—The review under paragraph 
(1) shall include the following: 
(A) A comparison of oil spill modeling re-
quirements with the state-of-the-art oil spill 
modeling with respect to near shore and off-
shore areas. 
(B) Development of recommendations on 
priorities for improving forecasting of oil spill, 
trajectories, and impacts. 
(C) An inventory of the products and tools 
of the National Oceanic and Atmospheric Ad-
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ministration that can aid in assessing the po-
tential risk and impacts of oil spills. The prod-
ucts and tools may include environmental sensi-
tivity index maps, the United States Integrated 
Ocean Observing System, research vessels, avia-
tion-based sensors, satellites, and oil spill tra-
jectory models. 
(D) An identification of the baseline ocean-
ographic and climate data required to support 
state-of-the-art modeling. 
(E) An assessment of the ability of the Na-
tional Oceanic and Atmospheric Administration 
to respond to the effects of an oil spill on its 
trust resources, including— 
(i) marine sanctuaries, monuments, 
and other protected areas; and 
(ii) marine mammals, fish, corals, sea 
turtles, and other protected species, and ef-
forts to rehabilitate these species. 
(3) REPORT.—Upon completion of the review, 
the Under Secretary shall submit to the Congress a 
report on the review, including the findings and rec-
ommendations. 
(b) OIL SPILL TRAJECTORY MODELING.—The Under 
Secretary of Commerce for Oceans and Atmosphere shall 
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be responsible for developing and maintaining oil spill tra-
jectory modeling capabilities for the United States, includ-
ing taking such actions as may be required by subsections 
(c) through (f). 
(c) ENVIRONMENTAL SENSITIVITY INDEX.— 
(1) UPDATE.—Beginning not later than 180 
days after the date of the enactment of this Act, and 
not less frequently than once every 7 years there-
after, the Under Secretary of Commerce for Oceans 
and Atmosphere shall update the environmental sen-
sitivity index products of the National Oceanic and 
Atmospheric Administration for— 
(A) each coastal area of the United States; 
(B) each offshore area of the United 
States that is leased or under consideration for 
leasing for offshore energy production; and 
(C) each offshore area of the United States 
that is under consideration for maritime trans-
portation. 
(2) EXPANDED COVERAGE.—Not later than 270 
days after the date of the enactment of this Act, the 
Under Secretary of Commerce for Oceans and At-
mosphere, to the greatest extent practicable, shall 
create an environmental sensitivity index product for 
each area described in paragraph (1) for which the 
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National Oceanic and Atmospheric Administration 
did not have an environmental sensitivity index 
product on the day before the date of the enactment 
of this Act. 
(3) 
ENVIRONMENTAL
SENSITIVITY
INDEX 
PRODUCT DEFINED.—In this subsection, the term 
‘‘environmental sensitivity index product’’ means a 
map or similar tool that is utilized to identify sen-
sitive shoreline, coastal or offshore, resources before 
an oil spill event in order to set baseline priorities 
for protection and plan cleanup strategies, typically 
including information relating to shoreline type, bio-
logical resources, and human use resources. 
(d) SUBSEA HYDROCARBON REVIEW.—Not later 
than 120 days after the date of the enactment of this Act, 
the Under Secretary of Commerce for Oceans and Atmos-
phere shall conduct a comprehensive review of the current 
state of the National Oceanic and Atmospheric Adminis-
tration to monitor, map, and track subsea hydrocarbons, 
including a review of the effect of subsea hydrocarbons 
and dispersants at varying concentrations on living marine 
resources. 
(e) INITIATIVE ON OIL SPILLS FROM AGING AND 
ABANDONED OIL INFRASTRUCTURE.—Not later than 270 
days after the date of the enactment of this Act, the Under 
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Secretary of Commerce for Oceans and Atmosphere shall 
establish an initiative— 
(1) to determine the significance, response, fre-
quency, size, potential fate, and potential effects, in-
cluding those on sensitive habitats, of oil spills re-
sulting from aging and abandoned oil infrastructure; 
and 
(2) to formulate recommendations on how best 
to address the spills described in paragraph (1). 
(f) INVENTORY
OF
OFFSHORE
ABANDONED
OR 
SUNKEN VESSELS.—Not later than 270 days after the 
date of the enactment of this Act, the Under Secretary 
of Commerce for Oceans and Atmosphere shall— 
(1) develop an inventory of offshore abandoned 
or sunken vessels in the exclusive economic zone (as 
established by Presidential Proclamation Numbered 
5030 of March 10, 1983 (16 U.S.C. 1453 note)); 
and 
(2) identify priorities (based on amount of oil, 
feasibility of oil recovery, fate and effects of oil if re-
leased, and cost-benefit of preemptive action) for po-
tential preemptive removal of oil or other actions 
that may be effective to mitigate the risk of oil spills 
from offshore abandoned or sunken vessels. 
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