II 117th CONGRESS 2d Session S. 4849 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Commandant of the Coast Guard to establish a process to update the vessel response plan program, and for other purposes.

1. Short title This Act may be cited as the Oil Spill Response Review Act of 2022 . 2. Findings Congress makes the following findings: (1) Even a minor oil spill can cause significant harm to individual organisms, entire populations, and ecosystems. (2) The impacts from certain oil spills can last for years or even decades. (3) The 2010 Deepwater Horizon oil spill in the Gulf of Mexico released more than 100,000,000 gallons of oil before it was contained 86 days later. (4) The 1989 Exxon Valdez spill released about 11,000,000 gallons of oil, and cleanup efforts continued intermittently for 3 years. (5) Since 2018, the Coast Guard has only verified the accuracy of salvage and marine firefighting information in 71 of over 3,000 submitted VRPs. (6) The National Response Center collects oil spill incident data, but data are often initial, unverified estimates. 3. Definitions In this Act: (1) Commandant The term Commandant means the Commandant of the Coast Guard. (2) ACP The term ACP means an area contingency plan. (3) VRP The term VRP means a vessel response plan. 4. Increasing data collection and verification to update the VRP program (a) In general The Commandant shall develop and carry out a process to update its review of VRPs, which are required to be submitted to the Coast Guard under part 155 of title 33, Code of Federal Regulations, by increasing the collection and improving the quality of incident data on oil spill location and response capability. (b) Activities In developing and carrying out the process required by subsection (a), the Commandant shall— (1) not less frequently than every 3 years, verify the efficacy of— (A) information submitted to the Commandant pursuant to part 300 of title 40, Code of Federal Regulations (or successor regulations), through random selection and auditing of all reported information from not less than 30 percent of— (i) submitted VRPs; (ii) area drills conducted pursuant to section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) ); and (iii) responses to oil spill incidents that require mobilization of contracted response resources; and (B) oil spill data stored in the Marine Information for Safety and Law Enforcement database and reported by on-scene coordinators pursuant to section 300.300 of title 40, Code of Federal Regulations (or any successor regulation); (2) not less frequently than annually, review, and update as necessary— (A) the information contained in the Coast Guard Response Resource Inventory and other tools used to document the availability and status of oil spill response equipment so as to ensure that such information and tools remain current and accurate; and (B) processes for data submission to the Response Resource Inventory to ensure that Oil Spill Removal Organizations and other participating entities submit accurate and regularly updated information; (3) establish procedures for— (A) incorporating oil spill incident data from oil spill reports and VRP exercises into— (i) VRPs, including alternative planning criteria review and approval processes; and (ii) ACP development; (B) mitigating the impact of military personnel rotations in Coast Guard field units on knowledge and awareness of VRP requirements, including knowledge relating to the evaluation of proposed alternatives to national planning requirements; and (C) evaluating the consequences of reporting inaccurate data in VRPs submitted to the Commandant pursuant to part 300 of title 40, Code of Federal Regulations, and submitted for storage in the Marine Information for Safety and Law Enforcement database pursuant to section 300.300 of that title (or any successor regulation); (4) develop standard tools, job aids, and guidance that— (A) may be shared with vessel owners and operators and Coast Guard field units to assist with accurately calculating and measuring the performance and viability of proposed alternatives against national planning criteria requirements and coastal zone ACPs; and (B) recognize regionally specific challenges; (5) review subcontracts related to submitted VRPs to ensure that all necessary equipment and response resources are obligated to satisfy the VRP planning requirements and respond to an oil spill, as applicable; (6) not less frequently than every 5 years, review, and revise as necessary, Coast Guard planning, preparedness, and oil spill response strategies based on analyses of— (A) incident data on oil spill location and response capability; (B) oil spill risk assessments; (C) oil spill response effectiveness and the effects of such response on the environment; and (D) oil spill response exercises conducted pursuant to section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) ); and (7) collaborate with the heads of other Federal agencies to increase Federal Government engagement with State, local, and Tribal agencies and stakeholders, including regulated entities, for the purpose of strengthening coordination and efficiency of oil spill responses. (c) Public availability of data Subject to section 552 of title 5, United States Code, the Commandant shall make available to the public the data described in subsection (b)(1). (d) Annual report Not less frequently than annually, the Commandant shall submit to Congress a report on the status of ongoing and planned efforts to improve the policies, guidance, and processes of the VRP program, including actions of the Maritime Oil Spill Response Plan Advisory Group, based on feedback, public comment, and other engagement from the Coast Guard and maritime transportation industry stakeholders. 5. Expenditure purposes of Oil Spill Liability Trust Fund Section 9509(c)(1) of title 26, United States Code, is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period at the end and inserting , and ; and (3) by adding at the end the following: (G) to increase support for marine pollution disaster planning, preparedness, and response strategies, including for— (i) incident data collection and verification and for regular updates to vessel response plans and area contingency plan review; and (ii) training and equipping residents of Tribal and remote communities with resources and information for effective planning, preparedness, and response. . 6. National oil spill response study (a) In general The Comptroller General of the United States shall conduct a study on Coast Guard and Environmental Protection Agency oversight of national, regional, and local area oil spill response frameworks. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of lessons learned with respect to oil spill responses based on research conducted as a result of the Deepwater Horizon oil spill in 2010 and other marine pollution disasters, which shall include an assessment of— (A) oil spill response and prevention technologies; and (B) methods and best practices for oil spill mitigation and prevention. (2) An analysis of major changes in national, regional, and local area oil spill response frameworks since 2010 for the purpose of assessing whether such changes have improved oil spill responses. (3) An analysis of available information on the short-term and long-term effects of the use of chemical dispersants and potential alternatives in oil spill and marine pollution responses. (4) Recommendations for legislative and regulatory action that would facilitate better implementation of best available technologies and methods for effective oil spill response. (c) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). (2) Public availability The report submitted under paragraph (1) shall be made publicly available on the internet website of the Comptroller General.