134 
tunity for review and input by stakeholders and the 
general public during the preparation of the initial 
assessment and any revised assessments. 
(b) REGIONAL STRATEGIC PLANS.— 
(1) REQUIREMENT.—Each Regional Coordina-
tion Council shall, within 3 years after the comple-
tion of the initial regional assessment, prepare and 
submit to the Chairman of the Council on Environ-
mental Quality a multiobjective, science- and eco-
system-based, spatially explicit, integrated Strategic 
Plan in accordance with this subsection for the 
Council’s Coordination Region. 
(2) OBJECTIVE AND GOALS.—The objective of 
the Strategic Plans under this subsection shall be to 
foster comprehensive, integrated, and sustainable de-
velopment and use of ocean, coastal, and Great 
Lakes resources, while protecting marine ecosystem 
health and sustaining the long-term economic and 
ecosystem values of the oceans, coasts, and Great 
Lakes. 
(3) CONTENTS.—Each Strategic Plan prepared 
by a Regional Coordination Council shall— 
(A) be based on the initial regional assess-
ment and updates for the Coordination Region 
under subsections (a) and (c), respectively; 
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(B) foster the sustainable and integrated 
development and use of ocean, coastal, and 
Great Lakes resources in a manner that pro-
tects the health of marine ecosystems; 
(C) identify areas with potential for siting 
and developing renewable and nonrenewable en-
ergy resources in the Coordination Region cov-
ered by the Strategic Plan, except for the Stra-
tegic Plan for the Great Lakes Coordination 
Region which shall identify only areas with po-
tential for siting and developing renewable en-
ergy resources in the Great Lakes Coordination 
Region; 
(D) identify other current and potential 
uses of the ocean and coastal resources in the 
Coordination Region; 
(E) identify and recommend long-term 
monitoring needs for ecosystem health and so-
cioeconomic variables within the Coordination 
Region covered by the Strategic Plan; 
(F) identify existing State and Federal 
regulating authorities within the Coordination 
Region covered by the Strategic Plan and meas-
ures to assist those authorities in carrying out 
their responsibilities; 
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(G) identify best available technologies to 
minimize adverse environmental impacts and 
use conflicts in the development of ocean and 
coastal resources in the Coordination Region; 
(H) identify additional research, informa-
tion, and data needed to carry out the Strategic 
Plan; 
(I) identify performance measures and 
benchmarks for purposes of fulfilling the re-
sponsibilities under this section to be used to 
evaluate the Strategic Plan’s effectiveness; 
(J) define responsibilities and include an 
analysis of the gaps in authority, coordination, 
and resources, including funding, that must be 
filled in order to fully achieve those perform-
ance measures and benchmarks; and 
(K) include such other information at the 
Chairman of the Council on Environmental 
Quality determines is appropriate. 
(4) PUBLIC
PARTICIPATION.—Each Regional 
Coordination Council shall provide adequate oppor-
tunities for review and input by stakeholders and the 
general public during the development of the Stra-
tegic Plan and any Strategic Plan revisions. 
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(c) UPDATED REGIONAL ASSESSMENTS.—Each Re-
gional Coordination Council shall update the initial re-
gional assessment prepared under subsection (a) in coordi-
nation with each Strategic Plan revision under subsection 
(e), to provide more detailed information regarding the re-
quired elements of the assessment and to include any rel-
evant new information that has become available in the 
interim. 
(d) REVIEW AND APPROVAL.— 
(1) COMMENCEMENT OF REVIEW.—Within 10 
days after receipt of a Strategic Plan under this sec-
tion, or any revision to such a Strategic Plan, from 
a Regional Coordination Council, the Chairman of 
the Council of Environmental Quality shall com-
mence a review of the Strategic Plan or the revised 
Strategic Plan, respectively. 
(2) PUBLIC
NOTICE
AND
COMMENT.—Imme-
diately after receipt of such a Strategic Plan or revi-
sion, the Chairman of the Council of Environmental 
Quality shall publish the Strategic Plan or revision 
in the Federal Register and provide an opportunity 
for the submission of public comment for a 90-day 
period beginning on the date of such publication. 
(3) REQUIREMENTS
FOR
APPROVAL.—Before 
approving a Strategic Plan, or any revision to a 
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138 
Strategic Plan, the Chairman of the Council on En-
vironmental Quality must find that the Strategic 
Plan or revision— 
(A) complies with subsection (b); and 
(B) complies with the purposes of this title 
as identified in section 601(a) and the objec-
tives identified in section 601(b). 
(4) DEADLINE FOR COMPLETION.—Within 180 
days after the receipt of a Strategic Plan, or a revi-
sion to a Strategic Plan, the Chairman of the Coun-
cil of Environmental Quality shall approve or dis-
approve the Strategic Plan or revision. If the Chair-
man disapproves the Strategic Plan or revision, the 
Chairman shall transmit to the Regional Coordina-
tion Council that submitted the Strategic Plan or re-
vision, an identification of the deficiencies and rec-
ommendations to improve it. The Council shall sub-
mit a revised Strategic Plan or revision to such plan 
with 180 days after receiving the recommendations 
from the Chairman. 
(e) PLAN REVISION.—Each Strategic Plan shall be 
reviewed and revised by the relevant Regional Coordina-
tion Council at least once every 5 years. Such review and 
revision shall be based on the most recently updated re-
gional assessment. Any proposed revisions to the Strategic 
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Plan shall be submitted to the Chairman of the Council 
on Environmental Quality for review and approval pursu-
ant to this section. 
SEC. 504. REGULATIONS AND SAVINGS CLAUSE. 
(a) REGULATIONS.—The Chairman of the Council on 
Environmental Quality may issue such regulations as the 
Chairman considers necessary to implement sections 601 
through 603. 
(b) SAVINGS CLAUSE.—Nothing in this title shall be 
construed to affect existing authorities under Federal law. 
SEC. 505. OCEAN RESOURCES CONSERVATION AND ASSIST-
ANCE FUND. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the 
Treasury of the United States a separate account to 
be known as the Ocean Resources Conservation and 
Assistance Fund. 
(2) CREDITS.—The ORCA Fund shall be cred-
ited with such sums as may be necessary. 
(3) ALLOCATION OF THE ORCA FUND.—Of the 
amounts appropriated from the ORCA Fund each 
fiscal year— 
(A) 70 percent shall be allocated to the 
Secretary, of which— 
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(i) one-half shall be used to make 
grants to coastal States and affected In-
dian tribes under subsection (b); and 
(ii) one-half shall be used for the 
ocean, coastal, and Great Lakes grants 
program established by subsection (c); 
(B) 20 percent shall be allocated to the 
Secretary to carry out the purposes of sub-
section (e); and 
(C) 10 percent shall be allocated to the 
Secretary to make grants to Regional Ocean 
Partnerships under subsection (d) and the Re-
gional Coordination Councils established under 
section 602. 
(4) PROCEDURES.—The Secretary shall estab-
lish application, review, oversight, financial account-
ability, and performance accountability procedures 
for each grant program for which funds are allo-
cated under this subsection. 
(b) GRANTS TO COASTAL STATES.— 
(1) GRANT
AUTHORITY.—The Secretary may 
use 
amounts 
allocated 
under 
subsection 
(a)(3)(A)(i)(I) to make grants to— 
(A) coastal States pursuant to the formula 
established under section 306(c) of the Coastal 
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141 
Zone Management Act of 1972 (16 U.S.C. 
1455(c)); and 
(B) affected Indian tribes based on and 
proportional to any specific coastal and ocean 
management authority granted to an affected 
tribe pursuant to affirmation of a Federal re-
served right. 
(2) ELIGIBILITY.—To be eligible to receive a 
grant under this subsection, a coastal State or af-
fected Indian tribe must prepare and revise a 5-year 
plan and annual work plans that— 
(A) demonstrate that activities for which 
the coastal State or affected Indian tribe will 
use the funds are consistent with the eligible 
uses of the Fund described in subsection (f); 
and 
(B) provide mechanisms to ensure that 
funding is made available to government, non-
government, and academic entities to carry out 
eligible activities at the county and local level. 
(3) APPROVAL OF STATE AND AFFECTED TRIB-
AL PLANS.— 
(A) IN GENERAL.—Plans required under 
paragraph (2) must be submitted to and ap-
proved by the Secretary. 
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(B) PUBLIC INPUT AND COMMENT.—In de-
termining whether to approve such plans, the 
Secretary shall provide opportunity for, and 
take into consideration, public input and com-
ment on the plans from stakeholders and the 
general public. 
(4) ENERGY PLANNING GRANTS.—For each of 
the fiscal years 2011 through 2015, the Secretary 
may use funds allocated for grants under this sub-
section to make grants to coastal States and affected 
tribes under section 320 of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1451 et seq.), as 
amended by this Act. 
(5) USE OF FUNDS.—Any amounts provided as 
a grant under this subsection, other than as a 
grants under paragraph (4), may only be used for 
activities described in subsection (f). 
(c) OCEAN
AND COASTAL COMPETITIVE GRANTS 
PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall use 
amounts allocated under subsection (a)(3)(A)(I)(II) 
to make competitive grants for conservation and 
management of ocean, coastal, and Great Lakes eco-
systems and marine resources. 
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(2) OCEAN, COASTAL, AND GREAT LAKES RE-
VIEW PANEL.— 
(A) IN GENERAL.—The Secretary shall es-
tablish an Ocean, Coastal, and Great Lakes Re-
view Panel (in this subsection referred to as the 
‘‘Panel’’), which shall consist of 12 members 
appointed by the Secretary with expertise in the 
conservation and management of ocean, coastal, 
and Great Lakes ecosystems and marine re-
sources. In appointing members to the Council, 
the Secretary shall include a balanced diversity 
of representatives of relevant Federal agencies, 
the private sector, nonprofit organizations, and 
academia. 
(B) FUNCTIONS.—The Panel shall— 
(i) review, in accordance with the pro-
cedures and criteria established under 
paragraph (3), grant applications under 
this subsection; 
(ii) make recommendations to the 
Secretary regarding which grant applica-
tions should be funded and the amount of 
each grant; and 
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(iii) establish any specific require-
ments, conditions, or limitations on a grant 
application recommended for funding. 
(3) PROCEDURES
AND
ELIGIBILITY
CRITERIA 
FOR GRANTS.— 
(A) IN GENERAL.—The Secretary shall es-
tablish— 
(i) procedures for applying for a grant 
under this subsection and criteria for eval-
uating applications for such grants; and 
(ii) criteria, in consultation with the 
Panel, to determine what persons are eligi-
ble for grants under the program. 
(B) ELIGIBLE PERSONS.—Persons eligible 
under the criteria under subparagraph (A)(ii) 
shall include Federal, State, affected tribal, and 
local agencies, fishery or wildlife management 
organizations, nonprofit organizations, and aca-
demic institutions. 
(4) APPROVAL OF GRANTS.—In making grants 
under this subsection the Secretary shall give the 
highest priority to the recommendations of the 
Panel. If the Secretary disapproves a grant rec-
ommended by the Panel, the Secretary shall explain 
that disapproval in writing. 
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(5) USE OF GRANT FUNDS.—Any amounts pro-
vided as a grant under this subsection may only be 
used for activities described in subsection (f). 
(d) GRANTS TO REGIONAL OCEAN PARTNERSHIPS.— 
(1) GRANT
AUTHORITY.—The Secretary may 
use amounts allocated under subsection (a)(3)(A)(iii) 
to make grants to Regional Ocean Partnerships. 
(2) ELIGIBILITY.—In order to be eligible to re-
ceive a grant, a Regional Ocean Partnership must 
prepare and annually revise a plan that— 
(A) identifies regional science and informa-
tion needs, regional goals and priorities, and 
mechanisms for facilitating coordinated and col-
laborative responses to regional issues; 
(B) establishes a process for coordinating 
and collaborating with the Regional Coordina-
tion Councils established under section 602 to 
address regional issues and information needs 
and achieve regional goals and priorities; and 
(C) demonstrates that activities to be car-
ried out with such funds are eligible uses of the 
funds identified in subsection (f). 
(3) APPROVAL
BY
SECRETARY.—Such plans 
must be submitted to and approved by the Sec-
retary. 
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(4) PUBLIC INPUT AND COMMENT.—In deter-
mining whether to approve such plans, the Secretary 
shall provide opportunity for, and take into consider-
ation, input and comment on the plans from stake-
holders and the general public. 
(5) USE OF FUNDS.—Any amounts provided as 
a grant under this subsection may only be used for 
activities described in subsection (f). 
(e) LONG-TERM OCEAN
AND COASTAL OBSERVA-
TIONS.— 
(1) IN GENERAL.—The Secretary shall use the 
amounts allocated under subsection (a)(3)(A)(ii) to 
build, operate, and maintain the system established 
under section 12304 of Public Law 111–11 (33 
U.S.C. 3603), in accordance with the purposes and 
policies for which the system was established. 
(2) ADMINISTRATION
OF
FUNDS.—The Sec-
retary shall administer and distribute funds under 
this subsection based upon comprehensive system 
budgets adopted by the Council referred to in section 
12304(c)(1)(A) of the Integrated Coastal and Ocean 
Observation System Act of 2009 (33 U.S.C. 
3603(c)(1)(A)). 
(f) ELIGIBLE USE
OF FUNDS.—Any funds made 
available under this section may only be used for activities 
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that contribute to the conservation, protection, mainte-
nance, and restoration of ocean, coastal, and Great Lakes 
ecosystems in a manner that is consistent with Federal 
environmental laws and that avoids environmental deg-
radation, including— 
(1) activities to conserve, protect, maintain, and 
restore coastal, marine, and Great Lakes ecosystem 
health; 
(2) activities to protect marine biodiversity and 
living marine and coastal resources and their habi-
tats, including fish populations; 
(3) the development and implementation of 
multiobjective, science- and ecosystem-based plans 
for monitoring and managing the wide variety of 
uses affecting ocean, coastal, and Great Lakes eco-
systems and resources that consider cumulative im-
pacts and are spatially explicit where appropriate; 
(4) activities to improve the resiliency of those 
ecosystems; 
(5) activities to improve the ability of those eco-
systems to become more resilient, and to adapt to 
and withstand the impacts of climate change and 
ocean acidification; 
(6) planning for and managing coastal develop-
ment to minimize the loss of life and property asso-
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ciated with sea level rise and the coastal hazards re-
sulting from it; 
(7) research, education, assessment, monitoring, 
and dissemination of information that contributes to 
the achievement of these purposes; 
(8) research of, protection of, enhancement to, 
and activities to improve the resiliency of culturally 
significant areas and resources; and 
(9) activities designed to rescue, rehabilitate, 
and recover injured marine mammals, marine birds, 
and sea turtles. 
(g) DEFINITIONS.—In this section: 
(1) ORCA FUND.—The term ‘‘ORCA Fund’’ 
means the Ocean Resources Conservation and As-
sistance Fund established by this section. 
(2) SECRETARY.—Notwithstanding section 2, 
the term ‘‘Secretary’’ means the Secretary of Com-
merce. 
SEC. 506. WAIVER. 
The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Regional Coordination Councils es-
tablished under section 602. 
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TITLE VI—OIL SPILL ACCOUNT-
ABILITY 
AND 
ENVIRON-
MENTAL PROTECTION 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Oil Spill Account-
ability and Environmental Protection Act of 2011’’. 
SEC. 602. REPEAL OF AND ADJUSTMENTS TO LIMITATION 
ON LIABILITY. 
(a) IN GENERAL.—Section 1004 of the Oil Pollution 
Act of 1990 (33 U.S.C. 2704) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2) by adding ‘‘and’’ 
after the semicolon at the end; 
(B) by striking paragraph (3); and 
(C) by redesignating paragraph (4) as 
paragraph (3); 
(2) in subsection (b)(2) by striking the second 
sentence; and 
(3) by striking subsection (d)(4) and inserting 
the following: 
‘‘(4) ADJUSTMENT OF LIMITS ON LIABILITY.— 
Not later than 3 years after the date of enactment 
of the Oil Spill Accountability and Environmental 
Protection Act of 2011, and at least once every 3 
years thereafter, the President shall review the limits 
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on liability specified in subsection (a) and shall by 
regulation revise such limits upward to reflect either 
the amount of liability that the President determines 
is commensurate with the risk of discharge of oil 
presented by a particular category of vessel, facility, 
or port or any increase in the Consumer Price Index, 
whichever is greater.’’. 
(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. 603. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 
OFFSHORE FACILITIES. 
Section 1016 of the Oil Pollution Act of 1990 (33 
U.S.C. 2716) is amended— 
(1) in subsection (c)(1)— 
(A) in subparagraph (B) by striking ‘‘sub-
paragraph (A) is’’ and all that follows before 
the period and inserting ‘‘subparagraph (A) is 
$300,000,000’’; and 
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(B) by striking subparagraph (C) and in-
serting the following: 
‘‘(C) ALTERNATE AMOUNT.— 
‘‘(i) SPECIFIC FACILITIES.— 
‘‘(I) IN GENERAL.—If the Presi-
dent determines that an amount of fi-
nancial responsibility for a responsible 
party that is less than the amount re-
quired by subparagraph (B) is justi-
fied based on the criteria established 
under clause (ii), the evidence of fi-
nancial responsibility required shall be 
for an amount determined by the 
President. 
‘‘(II) MINIMUM
AMOUNTS.—In 
no case shall the evidence of financial 
responsibility required under this sec-
tion be less than— 
‘‘(aa) $105,000,000 for an 
offshore facility located seaward 
of the seaward boundary of a 
State; or 
‘‘(bb) $30,000,000 for an 
offshore facility located landward 
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of the seaward boundary of a 
State. 
‘‘(ii) CRITERIA FOR DETERMINATION 
OF
FINANCIAL
RESPONSIBILITY.—The 
President shall prescribe the amount of fi-
nancial responsibility required under clause 
(i)(I) based on the following: 
‘‘(I) The market capacity of the 
insurance industry to issue such in-
struments. 
‘‘(II) The operational risk of a 
discharge and the effects of that dis-
charge on the environment and the re-
gion. 
‘‘(III) The quantity and location 
of the oil and gas that is explored for, 
drilled for, produced, or transported 
by the responsible party. 
‘‘(IV) The asset value of the 
owner of the offshore facility, includ-
ing the combined asset value of all 
partners that own the facility. 
‘‘(V) The cost of all removal 
costs and damages for which the 
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owner may be liable under this Act 
based on a worst-case scenario. 
‘‘(VI) The safety history of the 
owner of the offshore facility. 
‘‘(VII) Any other factors that the 
President considers appropriate. 
‘‘(iii) ADJUSTMENT
FOR
ALL
OFF-
SHORE FACILITIES.— 
‘‘(I) IN
GENERAL.—Not later 
than 3 years after the date of enact-
ment of the Oil Spill Accountability 
and Environmental Protection Act of 
2011, and at least once every 3 years 
thereafter, the President shall review 
the levels of financial responsibility 
specified in this subsection and the 
limit on liability specified in sub-
section (f)(4) and may by regulation 
revise such levels and limit upward to 
the levels and limit that the President 
determines are justified based on the 
relative operational, environmental, 
and other risks posed by the quantity, 
quality, or location of oil that is ex-
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plored for, drilled for, produced, or 
transported by the responsible party. 
‘‘(II) NOTICE
TO
CONGRESS.— 
Upon completion of a review specified 
in subclause (I), the President shall 
notify Congress as to whether the 
President will revise the levels of fi-
nancial responsibility and limit on li-
ability referred to in subclause (I) and 
the factors used in making such deter-
mination.’’; 
(2) in subsection (e) by striking ‘‘self-insurer,’’ 
and inserting ‘‘self-insurer, participation in coopera-
tive arrangements such as pooling or joint insur-
ance,’’; and 
(3) in subsection (f)— 
(A) in paragraph (1) by striking ‘‘Subject’’ 
and inserting ‘‘Except as provided in paragraph 
(4) and subject’’; and 
(B) by adding at the end the following: 
‘‘(4) MAXIMUM LIABILITY.—The maximum li-
ability of a guarantor of an offshore facility under 
this subsection is $300,000,000.’’. 
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SEC. 604. DAMAGES TO HUMAN HEALTH. 
(a) IN GENERAL.—Section 1002(b)(2) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by 
adding at the end the following: 
‘‘(G) HUMAN HEALTH.— 
‘‘(i) 
IN
GENERAL.—Damages 
to 
human health, including fatal injuries, 
which shall be recoverable by any claimant 
who has a demonstrable, adverse impact to 
human health or, in the case of a fatal in-
jury to an individual, a claimant filing a 
claim on behalf of such individual. 
‘‘(ii) INCLUSION.—For purposes of 
clause (i), the term ‘human health’ in-
cludes mental health.’’. 
(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. 
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SEC. 605. CLARIFICATION OF LIABILITY FOR DISCHARGES 
FROM MOBILE OFFSHORE DRILLING UNITS. 
(a) IN GENERAL.—Section 1004(b)(2) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2704(b)(2)) is amended— 
(1) by striking ‘‘from any incident described in 
paragraph (1)’’ and inserting ‘‘from any discharge of 
oil, or substantial threat of a discharge of oil, into 
or upon the water’’; and 
(2) by striking ‘‘liable’’ and inserting ‘‘liable as 
described in paragraph (1)’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall 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. 606. STANDARD OF REVIEW FOR DAMAGE ASSESS-
MENT. 
Section 1006(e)(2) of the Oil Pollution Act of 1990 
(33 U.S.C. 2706(e)(2)) is amended— 
(1) in the heading by striking ‘‘REBUTTABLE 
PRESUMPTION’’ and inserting ‘‘JUDICIAL REVIEW OF 
ASSESSMENTS’’; and 
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(2) by striking ‘‘have the force and effect’’ and 
all that follows before the period and inserting the 
following: ‘‘be subject to judicial review under sub-
chapter II of chapter 5 of title 5, United States 
Code (commonly known as the Administrative Proce-
dure Act), on the basis of the administrative record 
developed by the lead Federal trustee as provided in 
such regulations’’. 
SEC. 607. PROCEDURES FOR CLAIMS AGAINST FUND; IN-
FORMATION ON CLAIMS. 
(a) PROCEDURES FOR CLAIMS AGAINST FUND.— 
Section 1013(e) of the Oil Pollution Act of 1990 (33 
U.S.C. 2713(e)) is amended by adding at the end the fol-
lowing: ‘‘In the event of a spill of national significance, 
the President may exercise the authorities under this sec-
tion to ensure that the presentation, filing, processing, set-
tlement, and adjudication of claims occurs within the 
States and local governments affected by such spill to the 
greatest extent practicable.’’. 
(b) INFORMATION ON CLAIMS.—Title I of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended 
by inserting after section 1013 the following: 
‘‘SEC. 1013A. INFORMATION ON CLAIMS. 
‘‘In the event of a spill of national significance, the 
President may require a responsible party or a guarantor 
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of a source designated under section 1014(a) to provide 
to the President any information on or related to claims, 
either individually, in the aggregate, or both, that the 
President requests, including— 
‘‘(1) the transaction date or dates of such 
claims, including processing times; and 
‘‘(2) any other data pertaining to such claims 
necessary to ensure the performance of the respon-
sible party or the guarantor with regard to the proc-
essing and adjudication of such claims.’’. 
(c) CONFORMING AMENDMENT.—The table of con-
tents contained in section 2 of such Act is amended by 
inserting after the item relating to section 1013 the fol-
lowing: 
‘‘Sec. 1013A. Information on claims.’’. 
(d) 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. 608. ADDITIONAL AMENDMENTS AND CLARIFICATIONS 
TO OIL POLLUTION ACT OF 1990. 
(a) DEFINITIONS.— 
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(1) REMOVAL COSTS.—Section 1001(31) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2701(31)) is 
amended by inserting before the semicolon the fol-
lowing: ‘‘and includes all costs of Federal enforce-
ment activities related thereto’’. 
(2) 
RESPONSIBLE
PARTY.—Section 
1001(32)(B) of such Act (33 U.S.C. 2701(32)(B)) 
is amended by inserting before ‘‘, except a’’ the fol-
lowing: ‘‘or any person who owns or who has a lease-
hold interest or other property interest in the land 
or in the minerals beneath the land on which the fa-
cility is located, and any person who is the assignor 
of a property interest in the land or in the minerals 
beneath the land on which the facility is located,’’. 
(b) 
ELEMENTS
OF
LIABILITY.—Section 
1002(b)(1)(A) of such Act (33 U.S.C. 2702(b)(1)(A)) is 
amended by inserting before the semicolon the following: 
‘‘, including all costs of Federal enforcement activities re-
lated thereto’’. 
(c) SUBROGATION.—Section 1015(c) of such Act (33 
U.S.C. 2715(c)) is amended by adding at the end the fol-
lowing: ‘‘In such actions, the Fund shall recover all costs 
and damages paid from the Fund unless the decision to 
make the payment is found to be arbitrary or capricious.’’. 
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(d) 
FINANCIAL
RESPONSIBILITY.—Section 
1016(f)(1) of such Act (33 U.S.C. 2717(f)(1)) is amend-
ed— 
(1) by inserting ‘‘and’’ at the end of subpara-
graph (A); 
(2) by striking ‘‘; and’’ at the end of subpara-
graph (B) and inserting a period; and 
(3) by striking subparagraph (C). 
(e) 
CONSIDERATIONS
OF
TRUSTEES.—Section 
1006(d) of such Act (33 U.S.C. 2706(d)) is amended by 
adding at the end the following: 
‘‘(4) CONSIDERATIONS OF TRUSTEES.— 
‘‘(A) EQUAL AND FULL CONSIDERATION.— 
Trustees shall— 
‘‘(i) give equal and full consideration 
to restoration, rehabilitation, replacement, 
and the acquisition of the equivalent of the 
natural resources under their trusteeship; 
and 
‘‘(ii) consider restoration, rehabilita-
tion, replacement, and the acquisition of 
the equivalent of the natural resources 
under their trusteeship in a holistic eco-
system context and using, where available, 
eco-regional or natural resource plans. 
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‘‘(B) SPECIAL
RULE
ON
ACQUISITION.— 
Acquisition shall only be given full and equal 
consideration under subparagraph (A) if it pro-
vides a substantially greater likelihood of im-
proving the resilience of the lost or damaged re-
source and supports local ecological processes.’’. 
(f) 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. 609. AMERICANIZATION OF OFFSHORE OPERATIONS 
IN THE EXCLUSIVE ECONOMIC ZONE. 
(a) REGISTRY ENDORSEMENT REQUIRED.— 
(1) IN GENERAL.—Section 12111 of title 46, 
United States Code, is amended by adding at the 
end the following: 
‘‘(e) RESOURCE ACTIVITIES IN THE EEZ.—Except 
for activities requiring an endorsement under sections 
12112 or 12113, only a vessel for which a certificate of 
documentation with a registry endorsement is issued and 
that is owned by a citizen of the United States (as deter-
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mined under section 50501(d)) may engage in support of 
exploration, development, or production of resources in, 
on, above, or below the exclusive economic zone or any 
other activity in the exclusive economic zone to the extent 
that the regulation of such activity is not prohibited under 
customary international law.’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) applies only with respect to explo-
ration, development, production, and support activi-
ties that commence on or after July 1, 2011. 
(b) LEGAL AUTHORITY.—Section 2301 of title 46, 
United States Code, is amended— 
(1) by striking ‘‘chapter’’ and inserting ‘‘title’’; 
and 
(2) by inserting after ‘‘1988’’ the following: 
‘‘and the exclusive economic zone to the extent that 
the regulation of such operation is not prohibited 
under customary international law’’. 
(c) TRAINING FOR COAST GUARD PERSONNEL.—Not 
later than 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating shall establish a program to provide 
Coast Guard personnel with the training necessary for the 
implementation of the amendments made by this section. 
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SEC. 610. SAFETY MANAGEMENT SYSTEMS FOR MOBILE 
OFFSHORE DRILLING UNITS. 
Section 3203 of title 46, United States Code, is 
amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The 
safety management system described in subsection (a) for 
a mobile offshore drilling unit operating in waters subject 
to the jurisdiction of the United States (including the ex-
clusive economic zone) shall include processes, procedures, 
and policies related to the safe operation and maintenance 
of the machinery and systems on board the vessel that 
may affect the seaworthiness of the vessel in a worst-case 
event.’’. 
SEC. 611. SAFETY STANDARDS FOR MOBILE OFFSHORE 
DRILLING UNITS. 
Section 3306 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(l) In prescribing regulations for mobile offshore 
drilling units, the Secretary shall develop standards to ad-
dress a worst-case event on the vessel.’’. 
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SEC. 612. OPERATIONAL CONTROL OF MOBILE OFFSHORE 
DRILLING UNITS. 
(a) LICENSES FOR MASTERS OF MOBILE OFFSHORE 
DRILLING UNITS.— 
(1) IN
GENERAL.—Chapter 71 of title 46, 
United States Code, is amended by redesignating 
sections 7104 through 7115 as sections 7105 
through 7116, respectively, and by inserting after 
section 7103 the following: 
‘‘§ 7104. Licenses for masters of mobile offshore drill-
ing units 
‘‘A license as master of a mobile offshore drilling unit 
may be issued only to an applicant who has been issued 
a license as master under section 7101(c)(1) and has dem-
onstrated the knowledge, understanding, proficiency, and 
sea service for all industrial business or functions of a mo-
bile offshore drilling unit.’’. 
(2) CONFORMING AMENDMENT.—Section 7109 
of such title, as so redesignated, is amended by 
striking ‘‘section 7106 or 7107’’ and inserting ‘‘sec-
tion 7107 or 7108’’. 
(3) CLERICAL AMENDMENT.—The analysis at 
the beginning of such chapter is amended by strik-
ing the items relating to sections 7104 through 7115 
and inserting the following: 
‘‘7104. Licenses for masters of mobile offshore drilling units. 
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‘‘7105. Certificates for medical doctors and nurses. 
‘‘7106. Oaths. 
‘‘7107. Duration of licenses. 
‘‘7108. Duration of certificates of registry. 
‘‘7109. Termination of licenses and certificates of registry. 
‘‘7110. Review of criminal records. 
‘‘7111. Exhibiting licenses. 
‘‘7112. Oral examinations for licenses. 
‘‘7113. Licenses of masters or mates as pilots. 
‘‘7114. Exemption from draft. 
‘‘7115. Fees. 
‘‘7116. Merchant Mariner Medical Advisory Committee.’’. 
(b) REQUIREMENT FOR CERTIFICATE OF INSPEC-
TION.—Section 8101(a)(2) of title 46, United States 
Code, is amended by inserting before the semicolon the 
following: ‘‘and shall at all times be under the command 
of a master licensed under section 7104’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 6 months after the date of 
enactment of this Act. 
SEC. 613. SINGLE-HULL TANKERS. 
(a) APPLICATION OF TANK VESSEL CONSTRUCTION 
STANDARDS.—Section 3703a(b) of title 46, United States 
Code, is amended by striking paragraph (3), and redesig-
nating paragraphs (4) through (6) as paragraphs (3) 
through (5), respectively. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) takes effect on January 1, 2011. 
SEC. 614. REPEAL OF RESPONSE PLAN WAIVER. 
Section 311(j)(5)(G) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)(5)(G)) is amended— 
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(1) by striking ‘‘a tank vessel, nontank vessel, 
offshore facility, or onshore facility’’ and inserting 
‘‘a nontank vessel’’; 
(2) by striking ‘‘tank vessel, nontank vessel, or 
facility’’ and inserting ‘‘nontank vessel’’; and 
(3) by adding at the end the following: ‘‘A mo-
bile offshore drilling unit, as such term is defined in 
section 1001 of the Oil Pollution Act of 1990 (33 
U.S.C. 2701), is not eligible to operate without a re-
sponse plan approved under this section.’’. 
SEC. 615. NATIONAL CONTINGENCY PLAN. 
(a) GUIDELINES FOR CONTAINMENT BOOMS.—Sec-
tion 311(d)(2) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(d)(2)) is amended by adding at the end 
the following: 
‘‘(N) Guidelines regarding the use of con-
tainment booms to contain a discharge of oil or 
a hazardous substance, including identification 
of quantities of containment booms likely to be 
needed, available sources of containment booms, 
and best practices for containment boom place-
ment, monitoring, and maintenance.’’. 
(b) SCHEDULE, CRITERIA, AND
FEES.—Section 
311(d) of the Federal Water Pollution Control Act (33 
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167 
U.S.C. 1321(d)) is amended by adding at the end the fol-
lowing: 
‘‘(5) SCHEDULE
FOR
USE
OF
DISPERSANTS, 
OTHER CHEMICALS, AND OTHER SPILL MITIGATING 
DEVICES AND SUBSTANCES.— 
‘‘(A) RULEMAKING.—Not later than 2 
years after the date of enactment of this para-
graph, the President, acting through the Ad-
ministrator, after providing notice and an op-
portunity for public comment, shall issue a re-
vised regulation for the development of the 
schedule for the use of dispersants, other 
chemicals, and other spill mitigating devices 
and substances developed under paragraph 
(2)(G) in a manner that is consistent with the 
requirements of this paragraph and shall mod-
ify the existing schedule to take into account 
the requirements of the revised regulation. 
‘‘(B) 
SCHEDULE
LISTING
REQUIRE-
MENTS.—In issuing the regulation under sub-
paragraph (A), the Administrator shall— 
‘‘(i) with respect to dispersants, other 
chemicals, and other spill mitigating sub-
stances included or proposed to be included 
on the schedule under paragraph (2)(G)— 
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‘‘(I) establish minimum toxicity 
and efficacy testing criteria, taking 
into account the results of the study 
carried out under subparagraph (D); 
‘‘(II) provide for testing or other 
verification (independent from the in-
formation provided by an applicant 
seeking the inclusion of such dispers-
ant, chemical, or substance on the 
schedule) related to the toxicity and 
effectiveness of such dispersant, chem-
ical, or substance; 
‘‘(III) establish a framework for 
the application of any such dispersant, 
chemical, or substance, including— 
‘‘(aa) application conditions; 
‘‘(bb) the quantity thresh-
olds for which approval by the 
Administrator is required; 
‘‘(cc) the criteria to be used 
to develop the appropriate max-
imum quantity of any such dis-
persant, chemical, or substance 
that the Administrator deter-
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mines may be used, both on a 
daily and cumulative basis; and 
‘‘(dd) a ranking, by geo-
graphic area, of any such dis-
persant, chemical, or substance 
based on a combination of its ef-
fectiveness for each type of oil 
and its level of toxicity; 
‘‘(IV) establish a requirement 
that the volume of oil or hazardous 
substance discharged, and the volume 
and location of any such dispersant, 
chemical, or substance used, be meas-
ured and made publicly available, in-
cluding on the Internet; 
‘‘(V) require that an applicant 
seeking the inclusion of a dispersant, 
chemical, or substance on the schedule 
shall assure that such applicant will 
publicly disclose, upon a declaration of 
a spill of national significance, the 
constituent ingredients of such dis-
persant, chemical, or substance if 
such dispersant, chemical, or sub-
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stance will be used to respond to the 
spill; and 
‘‘(VI) in addition to existing au-
thority, expressly provide a mecha-
nism for the delisting of any such dis-
persant, chemical, or substance that 
the Administrator determines poses a 
significant risk or impact to water 
quality, aquatic life, the environment, 
or any other factor the Administrator 
determines appropriate; 
‘‘(ii) with respect to a dispersant, 
other chemical, and other spill mitigating 
substance not specifically identified on the 
schedule, and prior to the use of such dis-
persant, chemical, or substance in accord-
ance with paragraph (2)(G)— 
‘‘(I) establish the minimum tox-
icity and efficacy levels for such dis-
persant, chemical, or substance; 
‘‘(II) require that, upon a dec-
laration of a spill of national signifi-
cance, the constituent ingredients of 
such dispersant, chemical, or sub-
stance be publicly disclosed if such 
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dispersant, chemical, or substance will 
be used to respond to the spill; and 
‘‘(III) require the provision of 
such additional information as the Ad-
ministrator determines necessary; and 
‘‘(iii) with respect to other spill miti-
gating devices included or proposed to be 
included on the schedule under paragraph 
(2)(G)— 
‘‘(I) require the manufacturer of 
such device to carry out a study of the 
risks and effectiveness of the device 
according to guidelines developed and 
published by the Administrator; and 
‘‘(II) in addition to existing au-
thority, expressly provide a mecha-
nism for the delisting of any such de-
vice based on any information made 
available to the Administrator that 
demonstrates that such device poses a 
significant risk or impact to water 
quality, aquatic life, the environment, 
or any other factor the Administrator 
determines appropriate. 
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‘‘(C) DELISTING.—In carrying out sub-
paragraphs (B)(i)(VI) and (B)(iii)(II), the Ad-
ministrator, after posting a notice in the Fed-
eral Register and providing an opportunity for 
public comment, shall initiate a formal review 
of the potential risks and impacts associated 
with a dispersant, chemical, substance, or de-
vice prior to delisting the dispersant, chemical, 
substance, or device. 
‘‘(D) STUDY.— 
‘‘(i) IN GENERAL.—Not later than 3 
months after the date of enactment of this 
paragraph, the Administrator shall initiate 
a study of the potential risks and impacts 
to water quality, aquatic life, the environ-
ment, or any other factor the Adminis-
trator determines appropriate, from the 
use of dispersants, other chemicals, and 
other spill-mitigating substances, if any, 
that may be used to carry out the National 
Contingency Plan, including an assessment 
of— 
‘‘(I) acute and chronic impacts 
resulting from short term and sus-
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tained use on marine, coastal, estua-
rine, and freshwater environments; 
‘‘(II) risks and impacts to a rep-
resentative sample of biota from var-
ious ocean depths, including effects on 
early life stages such as eggs and lar-
vae; 
‘‘(III) risks and impacts from 
any byproducts created from the use 
of such dispersants, chemicals, or sub-
stances; and 
‘‘(IV) efficacy on particular types 
of oil from locations where such 
dispersants, chemicals, or substances 
may potentially be used. 
‘‘(ii) INFORMATION FROM MANUFAC-
TURERS.— 
‘‘(I) IN
GENERAL.—In conjunc-
tion with the study authorized by 
clause (i), the Administrator shall de-
termine the requirements for manu-
facturers of dispersants, chemicals, or 
substances to evaluate the potential 
risks and impacts to water quality, 
the environment, human and aquatic 
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health, or any other factor the Admin-
istrator determines appropriate, in-
cluding acute and chronic risks, asso-
ciated with the use of the dispersants, 
chemicals, or substances and any by-
products generated by such use and to 
provide the details of such evaluation 
as a condition for listing on the sched-
ule, or approving for use under this 
section, according to guidelines devel-
oped and published by the Adminis-
trator. 
‘‘(II) MINIMUM
REQUIREMENTS 
FOR
EVALUATION.—In carrying out 
this clause, the Administrator shall re-
quire a manufacturer to include— 
‘‘(aa) information that de-
scribes the potential acute health 
impacts on humans who are in-
volved in application activities 
and who may reasonably be ex-
posed during such activities; 
‘‘(bb) information on the oils 
and 
locations 
where 
such 
dispersants, chemicals, or sub-
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stances may potentially be used; 
and 
‘‘(cc) if appropriate, an as-
sessment of impacts from subsea 
use of the dispersant, chemical, 
or substance, including the po-
tential long-term effects of such 
use on water quality, aquatic life, 
and the environment. 
‘‘(E) PERIODIC REVISIONS.— 
‘‘(i) IN GENERAL.—Not later than 5 
years after the date of the issuance of the 
regulation under this paragraph, and at 
least once every 5 years thereafter, the Ad-
ministrator shall review the schedule for 
the use of dispersants, other chemicals, 
and other spill mitigating devices and sub-
stances that may be used to carry out the 
National Contingency Plan and update or 
revise the schedule, as necessary, to ensure 
the protection of water quality, aquatic 
life, the environment, and any other factor 
the Administrator determines appropriate. 
‘‘(ii) EFFECTIVENESS.—The Adminis-
trator shall ensure, to the maximum extent 
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practicable, that each update or revision to 
the schedule increases the effectiveness and 
decreases the toxicity values necessary for 
listing a dispersant, other chemical, or 
other spill mitigating device or substance 
on the schedule. 
‘‘(F) APPROVAL OF USE AND APPLICATION 
OF DISPERSANTS.— 
‘‘(i) IN GENERAL.—In issuing the reg-
ulation under subparagraph (A), the Ad-
ministrator shall require the approval of 
the Federal On-Scene Coordinator, in co-
ordination with the Administrator, for all 
uses of a dispersant, other chemical, or 
other spill mitigating substance in any re-
moval action, including— 
‘‘(I) any such dispersant, chem-
ical, or substance that is included on 
the schedule developed pursuant to 
this subsection; or 
‘‘(II) any dispersant, chemical, or 
other substance that is included as 
part of an approved area contingency 
plan or response plan developed under 
this section. 
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‘‘(ii) REPEAL.—Any part of section 
300.910 of title 40, Code of Federal Regu-
lations, that is inconsistent with this para-
graph is hereby repealed. 
‘‘(G) TOXICITY DEFINITION.—In this sec-
tion, the term ‘toxicity’ is used in reference to 
the potential impacts of a dispersant, sub-
stance, or device on water quality, organismal 
health, or the environment. 
‘‘(6) REVIEW OF AND DEVELOPMENT OF CRI-
TERIA FOR EVALUATING RESPONSE PLANS.— 
‘‘(A) REVIEW.—Not later than 6 months 
after the date of enactment of this paragraph, 
the President shall review the procedures and 
standards developed under paragraph (2)(J) to 
determine their sufficiency in ceasing and re-
moving a worst case discharge of oil or haz-
ardous substances, and for mitigating or pre-
venting a substantial threat of such a dis-
charge. 
‘‘(B) RULEMAKING.—Not later than 2 
years after the date of enactment of this para-
graph, the President, after providing notice and 
an opportunity for public comment, shall issue 
a final rule to— 
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178 
‘‘(i) revise the procedures and stand-
ards for ceasing and removing a worst case 
discharge of oil or hazardous substances, 
and for mitigating or preventing a substan-
tial threat of such a discharge; and 
‘‘(ii) develop a metric for the periodic 
evaluation and, as necessary, revision, of 
the National Contingency Plan, Area Con-
tingency Plans, and tank vessel, nontank 
vessel, and facility response plans con-
sistent with the procedures and standards 
developed pursuant to this paragraph. 
‘‘(C) USE OF WORST-CASE SCENARIO DIS-
CHARGE ESTIMATES.—In carrying out the ac-
tivities required under this paragraph, the 
President shall use the worst-case scenario dis-
charge estimates published by the Secretary 
under section 208(a) of the Implementing the 
Recommendations of the BP Oil Spill Commis-
sion Act of 2011as a basis for assessing the 
sufficiency of the procedures and standards de-
veloped under paragraph (2)(J). 
‘‘(7) FEES.— 
‘‘(A) GENERAL AUTHORITY AND FEES.— 
Subject to subparagraph (B), the Administrator 
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179 
shall establish a schedule of fees to be collected 
from the manufacturer of a dispersant, chem-
ical, or spill mitigating substance or device to 
offset the costs of the Administrator associated 
with evaluating the use of the dispersant, chem-
ical, substance, or device in accordance with 
this subsection and listing the dispersant, chem-
ical, substance, or device on the schedule under 
paragraph (2)(G). 
‘‘(B) LIMITATION
ON
COLLECTION.—No 
fee may be collected under this subsection un-
less the expenditure of the fee to pay the costs 
of activities and services for which the fee is im-
posed is provided for in advance in an appro-
priations Act. 
‘‘(C) FEES
CREDITED
AS
OFFSETTING 
COLLECTIONS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
section 3302 of title 31, United States 
Code, any fee authorized to be collected 
under this paragraph shall— 
‘‘(I) be credited as offsetting col-
lections to the account that finances 
the activities and services for which 
the fee is imposed; 
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180 
‘‘(II) be available for expenditure 
only to pay the costs of activities and 
services for which the fee is imposed, 
including all costs associated with col-
lecting such fees; and 
‘‘(III) remain available until ex-
pended. 
‘‘(ii) CONTINUING APPROPRIATIONS.— 
The Administrator may continue to assess, 
collect, and spend fees established under 
this section during any period in which the 
funding for the Environmental Protection 
Agency is provided under an Act providing 
continuing appropriations in lieu of the 
Administration’s regular appropriations. 
‘‘(iii) ADJUSTMENTS.—The Adminis-
trator shall adjust the fees established by 
subparagraph (A) periodically to ensure 
that each of the fees required by subpara-
graph (A) is reasonably related to the Ad-
ministration’s costs, as determined by the 
Administrator, of performing the activity 
for which the fee is imposed.’’. 
(c) INCLUSION OF CONTAINMENT BOOMS IN AREA 
CONTINGENCY PLANS.—Section 311(j)(4)(C)(iv) of such 
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181 
Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by striking 
‘‘(including firefighting equipment)’’ and inserting ‘‘(in-
cluding firefighting equipment and containment booms)’’. 
SEC. 616. TRACKING DATABASE. 
Section 311(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(b)) is amended by adding at the 
end the following: 
‘‘(13) TRACKING DATABASE.— 
‘‘(A) IN
GENERAL.—The President shall 
create a database to track all discharges of oil 
or hazardous substances— 
‘‘(i) into the waters of the United 
States, onto adjoining shorelines, or into or 
upon the waters of the contiguous zone; 
‘‘(ii) in connection with activities 
under the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) or the Deep-
water Port Act of 1974 (33 U.S.C. 1501 
et seq.); or 
‘‘(iii) which may affect natural re-
sources belonging to, appertaining to, or 
under the exclusive management authority 
of the United States (including resources 
under the Fishery Conservation and Man-
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182 
agement Act of 1976 (16 U.S.C. 1801 et 
seq.)). 
‘‘(B) 
REQUIREMENTS.—The 
database 
shall— 
‘‘(i) include— 
‘‘(I) the name of the vessel or fa-
cility; 
‘‘(II) the name of the owner, op-
erator, or person in charge of the ves-
sel or facility; 
‘‘(III) the date of the discharge; 
‘‘(IV) the volume of the dis-
charge; 
‘‘(V) the location of the dis-
charge, including an identification of 
any receiving waters that are or could 
be affected by the discharge; 
‘‘(VI) the type, volume, and loca-
tion of the use of any dispersant, 
other chemical, or other spill miti-
gating substance used in any removal 
action; 
‘‘(VII) a record of any deter-
mination of a violation of this section 
or liability under section 1002 of the 
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183 
Oil Pollution Act of 1990 (33 U.S.C. 
2702); 
‘‘(VIII) a record of any enforce-
ment action taken against the owner, 
operator, or person in charge; and 
‘‘(IX) any additional information 
that the President determines nec-
essary; 
‘‘(ii) use data provided by the Envi-
ronmental Protection Agency, the Coast 
Guard, and other appropriate Federal 
agencies; 
‘‘(iii) use data protocols developed and 
managed by the Environmental Protection 
Agency; and 
‘‘(iv) be publicly accessible, including 
by electronic means.’’. 
SEC. 617. EVALUATION AND APPROVAL OF RESPONSE 
PLANS; MAXIMUM PENALTIES. 
(a) AGENCY REVIEW OF RESPONSE PLANS.— 
(1) LEAD FEDERAL AGENCY FOR REVIEW OF 
RESPONSE PLANS.—Section 311(j)(5)(A) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1321(j)(5)(A)) is amended by adding at the end the 
following: 
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184 
‘‘(iii) In issuing the regulations under this para-
graph, the President shall ensure that— 
‘‘(I) the owner, operator, or person in 
charge of a tank vessel, nontank vessel, or off-
shore facility described in subparagraph (C) will 
not be considered to have complied with this 
paragraph until the owner, operator, or person 
in charge submits a plan under clause (i) or 
(ii), as appropriate, to the Secretary of the de-
partment in which the Coast Guard is oper-
ating, the Secretary of the Interior, or the Ad-
ministrator, with respect to such offshore facili-
ties as the President may designate, and the 
Secretary or Administrator, as appropriate, de-
termines and notifies the owner, operator, or 
person in charge that the plan, if implemented, 
will provide an adequate response to a worst 
case discharge of oil or a hazardous substance 
or a substantial threat of such a discharge; and 
‘‘(II) the owner, operator, or person in 
charge of an onshore facility described in sub-
paragraph (C)(iv) will not be considered to have 
complied with this paragraph until the owner, 
operator, or person in charge submits a plan 
under clause (i) either to the Secretary of 
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Transportation, with respect to transportation- 
related onshore facilities, or the Administrator, 
with respect to all other onshore facilities, and 
the Secretary or Administrator, as appropriate, 
determines and notifies the owner, operator, or 
person in charge that the plan, if implemented, 
will provide an adequate response to a worst- 
case discharge of oil or a hazardous substance 
or a substantial threat of such a discharge. 
‘‘(iv)(I) The Secretary of the department in 
which the Coast Guard is operating, the Secretary of 
the Interior, the Secretary of Transportation, or the 
Administrator, as appropriate, shall require that a 
plan submitted to the Secretary or Administrator for 
a vessel or facility under clause (iii)(I) or (iii)(II) by 
an owner, operator, or person in charge— 
‘‘(aa) contain a probabilistic risk analysis 
for all critical engineered systems of the vessel 
or facility; and 
‘‘(bb) adequately address all risks identi-
fied in the risk analysis. 
‘‘(II) The Secretary or Administrator, as appro-
priate, shall require that a risk analysis developed 
under subclause (I) include, at a minimum, the fol-
lowing: 
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‘‘(aa) An analysis of human factors risks, 
including both organizational and management 
failure risks. 
‘‘(bb) An analysis of technical failure risks, 
including both component technologies and inte-
grated systems risks. 
‘‘(cc) An analysis of interactions between 
humans and critical engineered systems. 
‘‘(dd) Quantification of the likelihood of 
modes of failure and potential consequences. 
‘‘(ee) A description of methods for reduc-
ing known risks. 
‘‘(III) The Secretary or Administrator, as ap-
propriate, shall require an owner, operator, or per-
son in charge that develops a risk analysis under 
subclause (I) to make the risk analysis available to 
the public.’’. 
(2) REVIEW
AND
APPROVAL
OF
RESPONSE 
PLANS.—Section 311(j)(5)(E) of such Act (33 
U.S.C. 1321(j)(5)(E)) is amended to read as follows: 
‘‘(E) With respect to any response plan sub-
mitted under this paragraph for an onshore facility 
that, because of its location, could reasonably be ex-
pected to cause significant and substantial harm to 
the environment by discharging into or on the navi-
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187 
gable waters or adjoining shorelines or the exclusive 
economic zone, and with respect to each response 
plan submitted under this paragraph for a tank ves-
sel, nontank vessel, or offshore facility, the President 
shall— 
‘‘(i) promptly review the response plan; 
‘‘(ii) verify that the response plan complies 
with subparagraph (A)(iv), relating to risk anal-
yses; 
‘‘(iii) with respect to a plan for an offshore 
or onshore facility or a tank vessel that carries 
liquefied natural gas, provide an opportunity for 
public notice and comment on the response 
plan; 
‘‘(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— 
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