Sec. 11315. OIL SPILL RESPONSE REVIEW
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## SEC. 11315 OIL SPILL RESPONSE REVIEW **[**[33 U.S.C. 1321 note](/us/usc/t33/s1321)**]** ###
(a)In General Subject to the availability of appropriations, the Commandant shall develop and carry out a program— ####
(1)to increase collection and improve the quality of incident data on oil spill location and response capability by periodically evaluating the data, documentation, and analysis of— #####
(A)Coast Guard-approved vessel response plans, including vessel response plan audits and assessments; #####
(B)oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(7)) that occur within the Marine Transportation System; and #####
(C)responses to oil spill incidents that require mobilization of contracted response resources; ####
(2)to improve the effectiveness of vessel response plans by— #####
(A)systematically reviewing the capacity of an oil spill response organization identified in a vessel response plan to provide the specific response resources, such as private personnel, equipment, other vessels identified in such vessel response plan; and #####
(B)approving a vessel response plan only after confirming the identified oil spill response organization has the capacity to provide such response resources; ####
(3)to update, not less frequently than annually, information contained in the Coast Guard Response Resource Inventory and other Coast Guard tools used to document the availability and status of oil spill response equipment, so as to ensure that such information remains current; and ####
(4)subject to section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”), to make data collected under paragraph
(1)available to the public. ###
(b)Policy Not later than 1 year after the date of enactment of this Act, the Commandant shall issue a policy— ####
(1)to establish processes to maintain the program under subsection
(a)and support Coast Guard oil spill prevention and response activities, including by incorporating oil spill incident data from after-action oil spill reports and data ascertained from vessel response plan exercises and audits into— #####
(A)review and approval process standards and metrics; #####
(B)alternative planning criteria review processes; #####
(C)Area Contingency Plan development; #####
(D)risk assessments developed under section 70001 of title 46, United States Code, including lessons learned from reportable marine casualties; #####
(E)processes and standards which mitigate the impact of military personnel rotations in Coast Guard field units on knowledge and awareness of vessel response plan requirements, including knowledge relating to the evaluation of proposed alternatives to national planning requirements; and #####
(F)processes and standards which evaluate the consequences of reporting inaccurate data in vessel response plans 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 such title (or any successor regulation); ####
(2)to standardize and develop tools, training, and other relevant guidance that may be shared with vessel owners and operators to assist with accurately calculating and measuring the performance and viability of proposed alternatives to national planning criteria requirements and Area Contingency Plans administered by the Coast Guard; ####
(3)to improve training of Coast Guard personnel to ensure continuity of planning activities under this section, including by identifying ways in which civilian staffing may improve the continuity of operations; and ####
(4)to increase Federal Government engagement with State, local, and Tribal governments and stakeholders so as to strengthen coordination and efficiency of oil spill responses. ###
(c)Periodic Updates Not less frequently than every 5 years, the Commandant shall update the processes established under subsection (b)(1) to incorporate relevant analyses of— ####
(1)incident data on oil spill location and response quality; ####
(2)oil spill risk assessments; ####
(3)oil spill response effectiveness and the effects of such response on the environment; ####
(4)oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(7)); ####
(5)marine casualties reported to the Coast Guard; and ####
(6)near miss incidents documented by a vessel traffic service center (as such terms are defined in sections 70001(m) of title 46, United States Code). ###
(d)Report ####
(1)In general Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of ongoing and planned efforts to improve the effectiveness and oversight of the program established under subsection
(a)and vessel response plan approvals. ####
(2)Public availability The Commandant shall publish the briefing required under paragraph
(1)on a publicly accessible website of the Coast Guard. **[**Section 11316 was repealed by section 7406(b) of division G of Public Law 119–60.**]**
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- Pub. L. 119-60
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