[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2352 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 2352

    To improve the ability of the National Oceanic and Atmospheric 
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.


_______________________________________________________________________


                    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 referred to the 
Committee on Transportation and Infrastructure, and in addition 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 jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To improve the ability of the National Oceanic and Atmospheric 
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 Representatives of the 
United States of America in Congress assembled,

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 
                            Administration, 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 activities 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 
                            research 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.

      TITLE I--IMPROVING MARINE OIL SPILL PREVENTION CAPABILITIES

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 Program.--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 proposed leasing program 
                to the Congress, the Attorney General,'' and inserting 
                ``The Secretary shall submit any proposed leasing 
                program to the Congress, the head of each interested 
                Federal department or agency described in paragraph 
                (1), the Attorney General,'';
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``proposed 
                leasing program,'' in the first sentence and all that 
                follows through the end of the paragraph and inserting 
                ``proposed leasing program--
                    ``(A) the Attorney General, after consultation with 
                the Federal Trade Commission, may submit comments on 
                the anticipated effects of the proposed program on 
                competition;
                    ``(B) the Secretary of Commerce may submit 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 capabilities of the Federal 
                Government for spills and chronic pollution that may 
                occur as a result of the proposed program; and
                    ``(D) any State, local government, or other person 
                may submit comments and recommendations as to any 
                aspect of the proposed program.'';
                    (B) in paragraph (2), by striking ``Attorney 
                General'' and inserting ``Attorney General, the 
                Secretary of Commerce, the Secretary of the department 
                in which the Coast Guard is operating,''; and
                    (C) in paragraph (3), by striking ``or after 
                eighteen months following the date of the enactment of 
                this section, whichever first occurs,'';
            (3) in subsection (e), by striking ``He'' and inserting 
        ``The Secretary''; and
            (4) in subsection (h)--
                    (A) by striking ``nonpriviledged'' and inserting 
                ``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''.
    (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, before the 
                approval of any program, lease, exploration plan, or 
                development and production plan, shall consult with the 
                Administrator of the National Oceanic and Atmospheric 
                Administration (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 subparagraph 
                        (A) as soon as practicable, but not later than 
                        90 days before the date of approval of the 
                        proposed action.
                            ``(ii) Provision of information.--When 
                        consulting the Administrator under subparagraph 
                        (A), the Secretary shall provide to the 
                        Administrator--
                                    ``(I) information describing the 
                                nature, location, and duration of the 
                                proposed action; and
                                    ``(II) a description of all 
                                reasonably foreseeable adverse effects 
                                on ocean and coastal resources.
                    ``(C) Alternatives.--
                            ``(i) In general.--At any time before the 
                        date that is 45 days before the approval of the 
                        proposed action, the Administrator may 
                        recommend to the Secretary alternatives to any 
                        proposed action, including measures that will 
                        prevent or minimize reasonably foreseeable 
                        adverse effects on ocean and coastal resources.
                            ``(ii) Secretarial action.--The Secretary 
                        shall incorporate into the approval for the 
                        proposed action any alternative or mitigation 
                        measure recommended under clause (i), unless 
                        the Secretary--
                                    ``(I) determines that the 
                                alternative or mitigation measure is 
                                not necessary to prevent or minimize 
                                reasonably foreseeable adverse effects 
                                on marine and coastal resources; and
                                    ``(II) notifies the Administrator 
                                in writing of the reasons for the 
                                determination 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 
        social impacts of oil spills or other accidents resulting from 
        Outer Continental Shelf energy activities with the potential to 
        affect land or water use or natural resources of the coastal 
        zone; and
            ``(2) to review and revise as necessary applicable 
        enforceable policies within approved coastal State management 
        programs affecting coastal energy exploration or development 
        activities, including geological 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 developed 
                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;
            ``(3) the identification of coordination, logistics, and 
        communication networks between Federal and State government 
        agencies, and between State agencies and affected local 
        communities, to ensure the efficient and timely dissemination 
        of data and other information;
            ``(4) the inventories of shore locations and infrastructure 
        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, recreational, ecological, 
        historic, economic, or aesthetic values;
            ``(6) the inventories and surveys of shore locations and 
        infrastructure capable of supporting alternative energy 
        development;
            ``(7) the observation and data collection capabilities 
        necessary to assess ocean conditions before, during, and after 
        an oil spill or other adverse incident resulting from Outer 
        Continental Shelf energy activities; and
            ``(8) other information or actions as may be necessary to 
        address the environmental, economic, and social impacts of oil 
        spills or other adverse incidents 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.
            ``(3) No state matching contribution required.--A coastal 
        State shall not be required to contribute any portion of the 
        cost of a grant awarded 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 unless the Secretary finds that the coastal State is 
        satisfactorily developing revisions to address the impacts 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 section shall only 
apply if appropriations are provided to the Secretary to make grants 
under this section.
    ``(g) Rule of Construction.--Nothing in this section 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, leasing, or permitting of alternative energy 
facilities in areas 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 Secretary, as authorized 
under section 310(a) and to the extent practicable, shall make 
available to coastal States the resources and capabilities of the 
National Oceanic and Atmospheric Administration to provide technical 
assistance to the coastal States to prepare revisions to approved 
management programs to meet the requirements under this section.''.

SEC. 103. MORATORIUM ON OIL AND NATURAL GAS PRELEASING, LEASING, AND 
              RELATED ACTIVITIES 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.--
Notwithstanding any other provision of this section or any other law, 
the Secretary may not offer for oil and gas leasing or preleasing or 
any related activity, any tract located in--
            ``(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 Latitude; 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 frequency 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 factors relevant to the potential risk of an oil 
spill.
    (b) Enhanced Verification of Structural Condition.--The Secretary 
of the department in which the Coast Guard is operating shall adopt, as 
part of the Secretary's inspection requirements for tank vessels, 
additional procedures for enhancing the verification of the reported 
structural condition of such vessels, taking into account 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 Secretary 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 
        Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)), in 
        which routing or other navigational measures 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 importance, including--
                    (A) commercial fisheries;
                    (B) aquaculture facilities;
                    (C) marine sanctuaries designated by the Secretary 
                of Commerce under the National Marine Sanctuaries Act 
                (16 U.S.C. 1431 et seq.);
                    (D) estuaries of national significance designated 
                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 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 Navigational 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 Secretary 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 establish such areas 
through the International Maritime Organization or establish comparable 
areas pursuant to regulations and in a manner that is consistent with 
international law.
    (e) Oil Shipment Data and Report.--
            (1) Data collection.--The Commandant, in consultation with 
        the Chief of Engineers of the United States Army, shall analyze 
        data on oil transported as cargo on vessels in the navigable 
        waters of the United States, including information on--
                    (A) the quantity and type of oil being transported;
                    (B) the vessels used for such transportation;
                    (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 report.--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 a format that 
                does not disclose information exempted 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 industry 
                organizations, the members of which depend on the 
                marine fisheries resources of the State.
                    ``(B) Recreational fishing industry organizations, 
                the members of which depend on the marine fisheries 
                resources of the State.
                    ``(C) Restaurant, hotel, and tourism industry 
                organizations, the members of which depend upon the 
                beaches, dunes, barrier islands, wetlands, estuaries, 
                bayous, sounds, bays, lagoons, reefs, fish, wildlife, 
                or other coastal resources of the State.
                    ``(D) Marine and coastal conservation 
                organizations, members of which reside in the State.
                    ``(E) Counties or parishes, and incorporated 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 Agency.
                    ``(C) The National Oceanic and Atmospheric 
                Administration.
                    ``(D) The Bureau of Safety and Environmental 
                Enforcement.
                    ``(E) The Office of Pipeline Safety.
                    ``(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 nonvoting 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 voting members of the Council and call the first meeting of the 
Council.
    ``(d) Terms.--
            ``(1) Duration of the council.--The duration 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 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 established 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 regard to internal 
        operating procedures.
            ``(2) Self-governing.--After the initial organizational 
        meeting called by the Secretary of the department in which the 
        Coast Guard is operating, the Council shall be self-governing 
        and shall hold meetings 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;
                    ``(B) make all work product adopted by the Council 
                available to the public;
                    ``(C) hold at least 1 meeting each year that is 
                open to the public, and for each such meeting provide 
                notice to the public at least 30 days before such 
                meeting; and
                    ``(D) maintain a freely accessible website on which 
                it shall make available to the public, at a minimum--
                            ``(i) recommendations made by the Council, 
                        together with information as to whether or not 
                        the recommendations were adopted and, if not, 
                        an explanation of why they were not adopted;
                            ``(ii) a description of matters currently 
                        under review by the Council, without disclosing 
                        any private, confidential, or privileged 
                        information consistent with applicable law;
                            ``(iii) a statement of industry standards; 
                        and
                            ``(iv) an interactive component through 
                        which the general public may submit questions 
                        and comments and report matters of interest.
            ``(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 regard 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 policies, 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 manner that, to the 
        extent practicable, covers all activities, 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 
represented by voting Council members from seeking damages 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 undertaken by 
        or on behalf of the energy industry, conservation 
        organizations, or government agencies.
    ``(i) Standing Committees.--The Council may create standing 
committees as necessary to carry out the duties described in subsection 
(f), including--
            ``(1) a scientific and technical committee;
            ``(2) an environmental monitoring committee;
            ``(3) an oil spill prevention and response committee;
            ``(4) an offshore monitoring committee to monitor 
        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 request each Federal agency 
        shall furnish to the Council to the extent authorized by law, 
        information, suggestions, 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-specific regulation, or 
                other matter governing matters within the purview of 
                the Council taken more than 180 days after the date of 
                the enactment of this Act, such agency shall consult 
                with the Council before taking such action.
                    ``(B) Review.--A Federal agency consultation 
                required by this paragraph shall be carried out in a 
                manner that enables the Council to review such agency 
                action and make appropriate recommendations consistent 
                with its duties.
                    ``(C) Emergencies.--No consultation shall be 
                required under this paragraph if an authorized 
                representative of a Federal agency reasonably believes 
                that an emergency exists requiring 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 recommendation 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 decision 
        and a written explanation of the reason or reasons 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 appropriate to the execution of its duties.
            ``(2) Compensation.--A member of the Council may not be 
        compensated for service on the Council, 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 inadequate to 
        reimburse a member not eligible for travel rates of the Federal 
        Government.
    ``(m) Funding.--
            ``(1) Requirement.--Approval of the contingency 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 
        provide 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.--
            ``(1) Annual audits.--The Council shall commission an 
        annual independent financial statement audit by an independent 
        accounting firm and publish the results in a publicly available 
        annual report.
            ``(2) Biennial council report.--Not later than 2 years 
        after the date of establishment of the Council, and biennially 
        thereafter, the Council shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report that includes--
                    ``(A) the significant achievements of the Council 
                with respect to its duties;
                    ``(B) the unresolved problems or concerns with 
                operations, activities, or plans;
                    ``(C) the Council operations and expenditures, 
                needs, issues, and recommendations; and
                    ``(D) the annual independent audits required under 
                paragraph (1).
            ``(3) GAO report.--Not later than 3 years after the date of 
        establishment of the Council, and thereafter as necessary, the 
        Comptroller General of the United States shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        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 
        appropriate.
    ``(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 established 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 instrumentality of the Federal 
        Government, any independent agency or establishment of the 
        Federal Government including any Government corporation, and 
        the Government Publishing Office.
            ``(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 economic zone of the United 
        States in the Gulf of Mexico.''.
    (b) Conforming Amendment.--The table of contents 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 Continental 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 marine 
                environment,'' after ``fire''; and
                    (B) by inserting ``, as a condition of the leases 
                or permits'' after ``any such investigation'';
            (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 inserting 
                ``Secretary or''; and
                    (B) by striking ``Coast Guard is operating,'' and 
                inserting ``Coast Guard is operating''; and
            (4) by adding at the end the following:
    ``(g) Independent Investigation of Transportation Accidents.--
            ``(1) In general.--At the request of the Secretary of the 
        department in which the Coast Guard is operating or the 
        Secretary, the National Transportation 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 terms are used in 
        chapter 11 of title 49, United States Code).
            ``(2) Transportation accident.--For purposes of an 
        investigation under this subsection, an accident that is the 
        subject of a request under paragraph (1) shall be treated as a 
        transportation accident (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 investigated under 
        this section, the Secretary of the department 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, upon the request of the Secretary of the 
        department in which the Coast Guard is operating and the 
        Secretary of Commerce, the Secretary shall collect a non-
        refundable inspection fee, which shall be deposited in the 
        Ocean Commerce, Transportation, and Navigation Enforcement Fund 
        established under paragraph (3), from the designated operator 
        for facilities subject to inspection under subsection (c).
            ``(2) Establishment.--The Secretary shall establish, 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 
                inspections of outer Continental Shelf facilities 
                (including mobile offshore drilling units), 
                administering and enforcing safety and health 
                regulations 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 facilities.
            ``(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 provided under paragraph 
        (4).
            ``(4) Availability of fees.--Notwithstanding section 3302 
        of title 31, United States Code, all amounts collected by the 
        Secretary under this section--
                    ``(A) shall be available for expenditure only for 
                purposes of carrying out inspections of outer 
                Continental Shelf facilities (including mobile offshore 
                drilling units) and carrying out the other duties and 
                responsibilities of the Secretary of the department in 
                which the Coast Guard is operating and the Secretary of 
                Commerce 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.
            ``(5) Annual reports.--
                    ``(A) In general.--Not later than 60 days after the 
                end of each fiscal year beginning with fiscal year 
                2025, the Secretary shall submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committees on Transportation and Infrastructure and 
                on Natural Resources of the House of Representatives a 
                report on the operation of the Fund during the fiscal 
                year.
                    ``(B) Content.--Each report shall include, for the 
                fiscal year covered by the report, the following:
                            ``(i) A statement of the amounts deposited 
                        into the Fund.
                            ``(ii) A description of the expenditures 
                        made from the Fund for the fiscal year, 
                        including the purpose of the expenditures.
                            ``(iii) Recommendations for additional 
                        authorities to fulfill the purpose of the Fund.
                            ``(iv) A statement of the balance remaining 
                        in the Fund at the end of the fiscal year.''.

           TITLE II--IMPROVING MARINE OIL SPILL PREPAREDNESS

SEC. 201. IMPROVEMENTS TO NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION OIL SPILL RESPONSE, 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 Atmosphere shall conduct a 
        comprehensive review of the current capacity of the National 
        Oceanic and Atmospheric Administration to respond to oil 
        spills.
            (2) Elements.--The review under paragraph (1) shall include 
        the following:
                    (A) A comparison of oil spill modeling requirements 
                with the state-of-the-art oil spill modeling with 
                respect to near shore and offshore 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 Administration that 
                can aid in assessing the potential risk and impacts of 
                oil spills. The products and tools may include 
                environmental sensitivity index maps, the United States 
                Integrated Ocean Observing System, research vessels, 
                aviation-based sensors, satellites, and oil spill 
                trajectory models.
                    (D) An identification of the baseline oceanographic 
                and climate data required to support state-of-the-art 
                modeling.
                    (E) An assessment of the ability of the National 
                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 
                        efforts 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 recommendations.
    (b) Oil Spill Trajectory Modeling.--The Under Secretary of Commerce 
for Oceans and Atmosphere shall be responsible for developing and 
maintaining oil spill trajectory modeling capabilities for the United 
States, including 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 thereafter, the Under Secretary of Commerce 
        for Oceans and Atmosphere shall update the environmental 
        sensitivity 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 transportation.
            (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 Atmosphere, to the greatest extent 
        practicable, shall create an environmental sensitivity index 
        product for each area described in paragraph (1) for which the 
        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 sensitive 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, biological 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 Atmosphere shall conduct a comprehensive review of the 
current state of the National Oceanic and Atmospheric Administration 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 Secretary of Commerce for Oceans and 
Atmosphere shall establish an initiative--
            (1) to determine the significance, response, frequency, 
        size, potential fate, and potential effects, including those on 
        sensitive habitats, of oil spills resulting 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 
        released, and cost-benefit of preemptive action) for potential 
        preemptive removal of oil or other actions that may be 
        effective to mitigate the risk of oil spills from offshore 
        abandoned or sunken vessels.

SEC. 202. COAST GUARD RESPONSE PLAN REQUIREMENTS.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall require all response plans approved by the 
Coast Guard under section 311(j) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(j)) to be updated not less than once every 5 years.
    (b) Best Available Technology.--Each response plan update under 
subsection (a) shall utilize the best commercially available technology 
and methods to contain and remove to the maximum extent practicable a 
worst case discharge (including a discharge resulting from fire or 
explosion), and to mitigate or prevent a substantial threat of such a 
discharge.
    (c) Technology Standards.--
            (1) In general.--The Secretary of the department in which 
        the Coast Guard is operating may establish requirements and 
        guidance for utilizing the best commercially available 
        technology and methods under subsection (b).
            (2) Requirements.--The best commercially available 
        technology and methods shall be based on measurable standards 
        and capabilities whenever practicable.
    (d) Resubmission.--Each update under subsection (a) shall be 
considered a significant change requiring it to be resubmitted for 
approval by the Coast Guard.

SEC. 203. OIL SPILL TECHNOLOGY EVALUATION.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall establish a program for the formal evaluation 
and validation of oil pollution containment and removal methods and 
technologies.
    (b) Approvals.--
            (1) In general.--The program under subsection (a) shall 
        include the establishment of a process for new methods and 
        technologies--
                    (A) to be submitted to and evaluated by the 
                Secretary of the department in which the Coast Guard is 
                operating; and
                    (B) to gain validation for use in spill responses 
                and inclusion in response plans under section 311(j) of 
                the Federal Water Pollution Control Act (33 U.S.C. 
                1321(j)).
            (2) Performance capabilities.--Following each validation 
        under paragraph (1)(B), the Secretary of the department in 
        which the Coast Guard is operating shall consider whether the 
        method or technology meets a performance capability warranting 
        designation of a new standard for best available technology or 
        methods.
    (c) Technology Clearinghouse.--Each technology and method validated 
under subsection (b)(1)(B) shall be included in the comprehensive list 
of spill removal resources maintained by the Coast Guard through the 
National Response Unit.
    (d) Consultation.--The Secretary of the department in which the 
Coast Guard is operating shall consult with the Secretary of the 
Interior, the Under Secretary of Commerce for Oceans and Atmosphere, 
the Administrator of the Environmental Protection Agency, the Secretary 
of Transportation, and the Secretary of Energy in carrying out this 
section.

SEC. 204. SAFETY MANAGEMENT SYSTEM REQUIREMENTS FOR MOBILE OFFSHORE 
              DRILLING UNITS.

    (a) Application.--Section 3202 of title 46, United States Code, is 
amended--
            (1) in subsection (a)(1)(B) by striking ``vessel, or self-
        propelled mobile offshore drilling unit; and'' and inserting 
        ``vessel; and''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Other Vessels.--This chapter applies to a vessel that--
            ``(1) is a passenger vessel or small passenger vessel and 
        is transporting more passengers than a number prescribed by the 
        Secretary based on the number of individuals on the vessel that 
        could be killed or injured in a marine casualty; or
            ``(2) is a mobile offshore drilling unit.''.
    (b) Safety Management Systems.--Section 3203 of title 46, United 
States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(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 exclusive economic zone (as established by Presidential 
Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note)), 
shall include processes, procedures, and policies related to the safe, 
environmentally sound operation and maintenance of all machinery and 
systems of the unit that are used for the commercial industrial 
functions and purposes of the unit.''.

SEC. 205. GULF OF MEXICO LONG-TERM MARINE ENVIRONMENTAL MONITORING AND 
              RESEARCH PROGRAM.

    (a) Environmental Monitoring and Research Program Required.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, and subject to the availability of 
        appropriations or other sources of funding, the Secretary, 
        acting through the Under Secretary of Commerce for Oceans and 
        Atmosphere, shall establish and carry out a long-term marine 
        environmental monitoring and research program for the marine 
        and coastal environment of the Gulf of Mexico to ensure that 
        the Federal Government has independent, peer-reviewed 
        scientific data and information to assess long-term direct and 
        indirect impacts on trust resources located in the Gulf of 
        Mexico and Southeast region resulting from the oil spill caused 
        by the mobile offshore drilling unit Deepwater Horizon.
            (2) Period of program.--The Secretary, acting through the 
        Under Secretary of Commerce for Oceans and Atmosphere, shall 
        carry out the program under paragraph (1) during the 10-year 
        period beginning on the date of commencement of the program. 
        The Secretary may extend the period if the Secretary determines 
        that additional monitoring and research is warranted.
    (b) Scope of Program.--The program under subsection (a) shall 
include the following:
            (1) Monitoring and research of the physical, chemical, and 
        biological characteristics of the affected marine, coastal, and 
        estuarine regions of the Gulf of Mexico and other regions of 
        the exclusive economic zone (as established by Presidential 
        Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 
        note)) and adjacent regions affected by the oil spill caused by 
        the mobile offshore drilling unit Deepwater Horizon.
            (2) The fate, transport, and persistence of oil released 
        during the spill and spatial distribution throughout the water 
        column, including in-situ burn residues.
            (3) The fate, transport, and persistence of chemical 
        dispersants applied in-situ or on surface waters.
            (4) Identification of lethal and sub-lethal impacts to 
        shellfish, fish, and wildlife resources that utilize habitats 
        located within the affected region.
            (5) Impacts to regional, State, and local economies that 
        depend on the natural resources of the affected region, 
        including commercial and recreational fisheries, tourism, and 
        other wildlife-dependent recreation.
            (6) Such other elements that the Secretary considers 
        necessary to ensure a comprehensive marine research and 
        monitoring program to comprehend the implications to trust 
        resources caused by the oil spill from the mobile offshore 
        drilling unit Deepwater Horizon.
    (c) Cooperation and Consultation.--In developing the research and 
monitoring program under subsection (a), the Secretary, acting through 
the Under Secretary of Commerce for Oceans and Atmosphere, shall--
            (1) coordinate with the United States Geological Survey; 
        and
            (2) consult with--
                    (A) the National Ocean Research Leadership Council 
                established under section 8932 of title 10, United 
                States Code;
                    (B) such representatives from the Gulf coast States 
                and affected countries as the Secretary considers 
                appropriate;
                    (C) such academic institutions and other research 
                organizations as the Secretary considers appropriate; 
                and
                    (D) such other experts with expertise in long-term 
                environmental monitoring and research of the marine 
                environment as the Secretary considers appropriate.
    (d) Availability of Data.--Upon the review and approval by the 
Attorney General regarding impacts on legal claims or litigation 
involving the United States, data and information generated through the 
program established under subsection (a) shall be managed and archived 
to ensure that it is accessible and available to the general public for 
their use and information.
    (e) Report.--Not later than 1 year after the date of the 
commencement of the program under subsection (a), and biennially 
thereafter, the Secretary shall submit to Congress a comprehensive 
report--
            (1) summarizing the activities and findings of the program; 
        and
            (2) detailing areas and issues requiring future monitoring 
        and research.
    (f) Definitions.--In this section:
            (1) Gulf coast state.--The term ``Gulf coast State'' means 
        each of the States of Texas, Louisiana, Mississippi, Alabama, 
        and Florida.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) Trust resources.--The term ``trust resources'' means 
        the living and non-living natural resources belonging to, 
        managed by, held in trust by, appertaining to, or otherwise 
        controlled by the United States, any State, federally 
        recognized Indian Tribe, or a local government.

SEC. 206. USE OF OIL SPILL LIABILITY TRUST FUND FOR EXPENSES OF 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    Section 1012(a)(5)(B) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)(B)) is amended by striking ``$15,000,000'' and inserting 
``$25,000,000''.

SEC. 207. NOTICE TO STATES OF BULK OIL TRANSFERS.

    (a) In General.--A State may require, by law, a person to provide 
notice of 24 hours or more to the State and to the Coast Guard before 
transferring oil in bulk as cargo in an amount equivalent to 250 
barrels or more to, from, or within a vessel in State waters.
    (b) Coast Guard Assistance.--The Commandant of the Coast Guard may 
assist a State in developing appropriate methodologies for joint 
Federal and State notification of an oil transfer described in 
subsection (a) to minimize any potential burden to vessels.

SEC. 208. COAST GUARD RESEARCH AND DEVELOPMENT.

    Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)(A)) is amended--
            (1) by striking ``$25,000,000'' and inserting 
        ``$50,000,000''; and
            (2) by striking the semicolon at the end and inserting ``, 
        of which amount not less than 40 percent shall be used to 
        conduct research, development, and evaluation of oil spill 
        response and removal technologies and methods;''.

      TITLE III--IMPROVING MARINE OIL SPILL RESPONSE CAPABILITIES

SEC. 301. PROMPT PUBLICATION OF OIL SPILL INFORMATION.

    (a) In General.--In any response to an oil spill in which the 
Commandant of the Coast Guard serves as the Federal On-Scene 
Coordinator leading a Unified Command, the Commandant shall publish, on 
a publicly accessible website, all written Incident Action Plans 
prepared and approved as a part of the response to such oil spill.
    (b) Timeliness and Duration.--The Commandant shall--
            (1) publish each Incident Action Plan under subsection (a) 
        promptly after such plan is approved for implementation by the 
        Unified Command, and in no event later than 12 hours into the 
        operational period for which such plan is prepared; and
            (2) ensure that such plan remains up-to-date and publicly 
        accessible by website for the duration of the response to an 
        oil spill.
    (c) Redaction of Personal Information.--The Commandant may redact 
information from an Incident Action Plan published under subsection (a) 
to the extent necessary to comply with applicable privacy laws and 
other requirements regarding personal information.

SEC. 302. COORDINATION OF FEDERAL, STATE, AND LOCAL ACTIVITIES WITH 
              RESPECT TO OIL SPILL SURVEYS.

    (a) Development of National Protocols for Oil Spill Surveys.--Not 
later than 270 days after the date of the enactment of this Act, the 
Under Secretary of Commerce for Oceans and Atmosphere, in coordination 
with the Secretary of Homeland Security, the Administrator of the 
Environmental Protection Agency, and the heads of such departments and 
agencies of State governments as such Under Secretary considers 
appropriate, shall develop standard national protocols for oil spill 
response and clean up assessments to promote consistent procedures for 
collecting shoreline characterization data and to ensure that the 
format and resolution of such data are consistent with the needs of 
coastal States. Such protocols shall encourage, to the extent 
practicable, the use of electronic methods of data collection.
    (b) Guidance and Tools for Application of National Protocols for 
Oil Spill Surveys.--The Under Secretary of Commerce for Oceans and 
Atmosphere shall develop guidance and tools for oil spill responders 
and offer instructional courses to ensure that the standard national 
protocols developed under subsection (a) are used during oil spill 
responses in the waters subject to the jurisdiction of the United 
States, including the exclusive economic zone (as established by 
Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 
1453 note)).
                                 <all>