[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1999 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1999

 To authorize the Secretary of the department in which the Coast Guard 
is operating to act, without liability for certain damages, to prevent 
and respond to the threat of damage from pollution of the sea by crude 
                      oil, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2015

  Mr. Nelson introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the department in which the Coast Guard 
is operating to act, without liability for certain damages, to prevent 
and respond to the threat of damage from pollution of the sea by crude 
                      oil, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caribbean Oil Spill Intervention, 
Prevention, and Preparedness Act''.

                    TITLE I--INTERVENTION AUTHORITY

SEC. 101. DEFINITION OF VESSEL.

    For the purposes of this title, the term ``vessel'' means every 
description of watercraft or other artificial contrivance used or 
capable of being used, whether such capability is practical or not, as 
a means of transportation on water, and includes structures, fixed or 
floating, which dynamically hold position or are attached to the seabed 
or subsoil and are capable of exploring for, drilling for, developing, 
or producing crude oil or natural gas.

SEC. 102. GRAVE AND IMMINENT DANGER TO WATERS, COASTLINE, OR RELATED 
              INTERESTS OF THE UNITED STATES.

    (a) In General.--Whenever an incident, activity, or occurrence 
involving a vessel in waters beyond the territorial jurisdiction of the 
United States creates a grave and imminent threat, as determined by the 
Secretary of the department in which the Coast Guard is operating, of 
damage to the waters, coastline, or related interests of the United 
States from pollution of the sea by crude oil, the Secretary of the 
department in which the Coast Guard is operating may, without liability 
for any damage to the owner, operator, crew, or underwriter of the 
vessel, or any other interested party, act in such waters to prevent or 
respond to that threat.
    (b) Criteria.--In determining whether there is a grave and imminent 
threat of damage to the waters, coastline, or related interests of the 
United States under subsection (a), the Secretary of the department in 
which the Coast Guard is operating shall consider the interests of the 
United States directly threatened or affected, including impacts on--
            (1) the health of coastal communities;
            (2) finfish, shellfish, marine mammals, and other living 
        marine resources;
            (3) coastal zone and estuarine activities;
            (4) public and private shorelines and beaches; and
            (5) boating, tourism, fishing, and other aspects of coastal 
        economies.

SEC. 103. INTERVENTION ACTIONS.

    Upon a determination under section 102 of this Act of a grave and 
imminent threat of damage to the waters, coastline, or related 
interests of the United States, the Secretary of the department in 
which the Coast Guard is operating is authorized--
            (1) to coordinate and direct all public and private actions 
        to prevent or respond to the the pollution or threat of 
        pollution of the sea by crude oil;
            (2) to directly or indirectly undertake the whole or any 
        part of any action required or directed under paragraph (1) of 
        this section.

SEC. 104. CONSULTATION PROCEDURE.

    Except as provided in section 105, before taking any action under 
section 103 of this Act, the Secretary of the department in which the 
Coast Guard is operating shall--
            (1) consult, through the Secretary of State, with the flag 
        country of any vessel involved and other affected countries;
            (2) notify without delay other departments and agencies of 
        the Federal Government likely to be affected by any proposed 
        actions; and
            (3) consider any views submitted in response to the 
        consultation or notification required by paragraphs (1) and (2) 
        of this section.

SEC. 105. EMERGENCY AUTHORITY.

    In a case of extreme urgency requiring immediate action, the 
Secretary of the department in which the Coast Guard is operating may 
act as necessary based on the urgency of the situation without the 
prior consultation or notification required by section 104 of this Act 
or without continuing any consultations previously initiated under that 
section.

SEC. 106. REASONABLE ACTIONS; CONSIDERATIONS.

    (a) Reasonable Actions.--Any action coordinated, directed, or 
conducted under this Act shall be proportionate to the threat of damage 
to the waters, coastline, or related interests of the United States and 
may not go beyond what is reasonably necessary to prevent or respond to 
that threat.
    (b) Considerations.--In considering whether an action is 
proportionate to the threat of damage the Secretary of the department 
in which the Coast Guard is operating shall consider, among other 
things--
            (1) the extent and probability of imminent damage if that 
        action is not taken;
            (2) the likelihood of effectiveness of that action; and
            (3) the extent of any damage that may be caused by that 
        action.

SEC. 107. PERSONAL, FLAG STATE, AND FOREIGN STATE CONSIDERATIONS.

    In the coordination, direction, and conduct of an action under this 
Act the Secretary of the department in which the Coast Guard is 
operating shall--
            (1) avoid risk to human life to the extent possible;
            (2) render all possible aid to distressed persons, 
        including facilitating repatriation of vessel crew; and
            (3) not unnecessarily interfere with rights and interests 
        of others, including the flag state of any vessel involved, any 
        foreign state in whose waters an action must be taken, other 
        foreign states threatened by damage, and persons otherwise 
        concerned.

SEC. 108. OIL SPILL LIABILITY TRUST FUND.

    The Oil Spill Liability Trust Fund established by section 9509 of 
the Internal Revenue Code of 1986 shall be available to the Secretary 
of the department in which the Coast Guard is operating for actions 
taken under sections 102, 103, and 105 of this Act.

        TITLE II--FOREIGN OIL SPILL PREVENTION AND PREPAREDNESS

SEC. 201. CUBAN OIL POLLUTION PREVENTION AND RESPONSE.

    (a) Straits of Florida Ocean Current Model.--As soon as practicable 
after the date of enactment of this Act, the Administrator of the 
National Oceanic and Atmospheric Administration shall develop and apply 
hydrodynamic modeling of the ocean currents and meteorological modeling 
of the Straits of Florida.
    (b) Protection of National Marine Sanctuaries in the Gulf of Mexico 
and Straits of Florida.--Section 305(b) of the National Marine 
Sanctuaries Act (16 U.S.C. 1435(b)) is amended by striking 
``established.'' and inserting ``established, including with Mexico, 
Cuba, and the Bahamas, to negotiate oil pollution prevention and 
response and protection of the marine resources of the Gulf of Mexico 
and Straits of Florida.''

SEC. 202. REQUIREMENTS FOR CERTAIN DUAL LESSEES.

    Section 8(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(a)) is amended by adding at the end the following:
            ``(9) If a bidder for an oil or gas lease under this 
        subsection is conducting oil or gas operations in the 
        territorial sea, on the continental shelf, or within the 
        exclusive economic zone of Cuba, the Secretary shall not grant 
        an oil or gas lease to the bidder unless the bidder submits to 
        the Secretary--
                    ``(A) an oil spill response plan for the oil and 
                gas operations in the territorial sea, on the 
                continental shelf, or within the exclusive economic 
                zone of Cuba, that includes 1 or more worst-case-
                scenario oil discharge plans; and
                    ``(B) evidence that the bidder has sufficient 
                financial resources and other resources necessary for 
                removal, response costs, and damages, as determined by 
                the Secretary, to respond to a worst-case-scenario oil 
                discharge in the territorial sea, on the continental 
                shelf, or within the exclusive economic zone of Cuba 
                that occurs in, or that poses a substantial threat to 
                enter, the marine environment of the United States.''.

SEC. 203. CORAL REEF CONSERVATION IN STRAITS OF FLORIDA.

    Title II of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 
et seq.) is amended--
            (1) by redesignating sections 204, 205, 206, 207, 208, 209, 
        and 210 (16 U.S.C. 6403, 6404, 6405, 6406, 6407, 6408, 6409) as 
        sections 205, 206, 207, 208, 209, 210, and 211, respectively; 
        and
            (2) by inserting after section 203 (16 U.S.C. 6402) the 
        following:

``SEC. 204. INTERNATIONAL CORAL REEF CONSERVATION.

    ``(a) International Coral Reef Conservation Activities.--
            ``(1) In general.--The Secretary shall carry out 
        international coral reef conservation activities with respect 
        to coral reef ecosystems in waters beyond the territorial 
        jurisdiction of the United States in the Straits of Florida. 
        The Secretary shall develop and implement a coral reef 
        ecosystem strategy for the Straits of Florida pursuant to 
        subsection (b).
            ``(2) Coordination.--In carrying out this subsection, the 
        Secretary shall consult with the Secretary of State, the 
        Administrator of the Agency for International Development, the 
        Secretary of the Interior, other relevant United States 
        stakeholders, and the Coral Reef Task Force.
    ``(b) Straits of Florida Coral Reef Ecosystem Strategy.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Caribbean Oil Spill Intervention, Prevention, 
        and Preparedness Act, the Secretary shall develop and submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives, and publish in the Federal Register, a 
        strategy to protect coral reef ecosystems of the Straits of 
        Florida. The Secretary shall periodically review and revise the 
        strategy as necessary.
            ``(2) Contents.--The strategy developed by the Secretary 
        under paragraph (1) shall--
                    ``(A) identify coral reef ecosystems throughout the 
                Straits of Florida that are of high value for United 
                States marine resources such as fisheries, or that 
                support other interests of the United States;
                    ``(B) summarize existing activities by Federal 
                agencies and stakeholders described in subsection 
                (a)(2) to address the conservation of coral reef 
                ecosystems identified under subparagraph (A);
                    ``(C) establish goals, objectives, and specific 
                targets for conservation of coral reef ecosystems in 
                the Straits of Florida; and
                    ``(D) describe appropriate activities to achieve 
                the goals and targets for international coral reef 
                conservation.''.

SEC. 204. GULF OIL SPILL RESPONSE PLAN.

    (a) In General.--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 carry out an oil spill risk analysis and 
planning process for the development and implementation of oil spill 
response plans for oil spills in the Straits of Florida and the Gulf of 
Mexico originating in waters beyond the territorial jurisdiction of the 
United States.
    (b) Requirements.--In developing plans under subsection (a), the 
Secretary of the department in which the Coast Guard is operating 
shall--
            (1) consult with the heads of other Federal agencies with 
        relevant scientific and operational expertise to verify that 
        holders of oil and gas leases can conduct any response and 
        containment operations provided for in the plans;
            (2) ensure that all critical information and spill 
        scenarios are included in the plans, including oil spill 
        containment and control methods to ensure that holders of oil 
        and gas leased can conduct the operations provided for in the 
        plans;
            (3) ensure that the plans include shared international 
        standards for natural resource extraction activities;
            (4) in consultation with the Secretary of State, to the 
        maximum extent practicable, include recommendations for 
        Congress on a joint contingency plan with the countries of 
        Mexico, Cuba, and the Bahamas to ensure an adequate response to 
        oil spills located in the eastern Gulf of Mexico; and
            (5) to the maximum extent practicable, ensure that the 
        joint contingency plan described in paragraph (4) contains a 
        description of the organization and logistics of a response 
        team for each country described in that paragraph (including 
        each applicable Federal and State agency).
    (c) Verification Process.--The Secretary of the department in which 
the Coast Guard is operating may conduct a verification process to 
ensure that any companies operating in the United States that are 
conducting drilling operations off the coast of Cuba are subject to 
standards that are as stringent as the standards under the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
                                 <all>