,,ii  #aahth ,,congress  #b;d ,session  
,s4 #eeig  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ah  
7legislative day1 ,december #af71 #bjbd 
,mr4 ,markey 7for himself and ,mr4      
,merkley7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,commerce1 ,science1  
and ,transportation  ,a ,,bill  ,to     
amend the ,deepwater ,port ,act of #aigd
 to improve community outreach1 public  
participation1 and the consideration of 
community and environmental impacts with
 respect to the issuance of a license   
under that ,act1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,nautical ,oversight1      
,safety1 and ,protection of ,inflammable
 ,liquids by ,law in the ,sea ,act of   
#bjbd or the ,,no ,,spills ,act of      
#bjbd4  #b4 ,definitions ,section #c of 
the ,deepwater ,port ,act of #aigd 7#cc 
,u4,s4,c4 #aejb7 is amended--  7#a7 in  
paragraph 7#e71 in the first sentence1  
by striking including waters and        

inserting 7including waters2  7#b7 by   
redesignating paragraphs 7#aj71 7#aa71  
and 7#ab7 through 7#ai7 as paragraphs   
7#ac71 7#af71 and 7#ah7 through 7#be71  
respectively2  7#c7 by inserting after  
paragraph 7#i7 the following3  7#aj7    
,environment ,the term environment      
includes--  7,a7 water1 air1 and land2  
and  7,b7 the interrelationship that    
exists among and between water1 air1 and
 land and all present and future        
generations of living beings4  7#aa7    
,environmental justice community ,the   
term environmental justice community    
means a community with significant      
representation of communities of color1 
low-income communities1 or ,tribal and  
,indigenous communities1 that           
experiences1 or is at risk of           
experiencing1 higher or more adverse    
human health or environmental effects4  
7#ab7 ,environmental protection2        
protection of the environment ,the terms
 environmental protection and protection
 of the environment mean wide-ranging   

measures to prevent or mitigate negative
 impacts to the environment1 including  
the preservation of ocean ecosystems and
 the mitigation of air pollutants4  2   
7#d7 by inserting after paragraph 7#ac7 
7as so redesignated7 the following3     
7#ad7 ,impacted community ,the term     
impacted community means--  7,a7        
residents of an adjacent coastal ,state 
who may be impacted1 including through  
ecological harm1 economic disruption1 or
 social displacement1 by-- 7i7 the      
permitting of a deepwater port2 or  7ii7
 a spill1 leak1 or other disaster at a  
deepwater port2 and  7,b7 workers who   
may be impacted1 and labor organizations
 and worker advocacy organizations      
representing workers who may be         
impacted1 by--  7i7 the permitting of a 
deepwater port2 or  7ii7 a spill1 leak1 
or other disaster at a deepwater port4  
7#ae7 ,indian ,tribe ,the term ,indian  
,tribe has the meaning given the term in
 section #d of the ,indian              
,self-,determination and ,education     

,assistance ,act 7#be ,u4,s4,c4 #ecjd74 
2 and  7#e7 by inserting after paragraph
 7#af7 7as so redesignated7 the         
following3  7#ag7 ,low-income community 
,the term low-income community means a  
census block group in which #cj percent 
or more of the population are           
individuals with an annual household    
income equal to1 or less than1 the      
greater of-- 7,a7 an amount equal to #hj
 percent of the median income of the    
area in which the household is located1 
as reported by the ,department of       
,housing and ,urban ,development2 and   
7,b7 #bjj percent of the ,federal       
poverty line4  4  #c4 ,conditions for   
issuance of a license for the ownership1
 construction1 and operation of a       
deepwater port  7a7 ,in general ,section
 #d7;c7 of the ,deepwater ,port ,act of 
#aigd 7#cc ,u4,s4,c4 #aejc7;c77 is      
amended--  7#a7 in paragraph 7#c71 by   
striking and environmental quality and  
inserting 1 protection of the           
environment1 and protection of          

environmental justice communities and   
impacted communities2 and  7#b7 in      
paragraph 7#h71 by striking ,state and  
all that follows through approves and   
inserting ,state1 and the governing body
 of each ,indian ,tribe1 within which   
there are impacted communities1         
approves4  7b7 ,limits on liability     
,section #ajjd7;a7 of the ,oil          
,pollution ,act of #aiij 7#cc ,u4,s4,c4 
#bgjd7;a77 is amended-- 7#a7 in         
paragraph 7#a77;,c7--  7,a7 in clause   
7i7-- 7i7 in subclause 7,i71 by striking
 #bb1jjj1jjj and inserting #gj1jjj1jjj2 
and  7ii7 in subclause 7,,ii71 by       
striking #af1jjj1jjj and inserting      
#fj1jjj1jjj2 and  7,b7 in clause 7ii7-- 
7i7 in subclause 7,i71 by striking      
#f1jjj1jjj and inserting #cb1jjj1jjj2   
and  7ii7 in subclause 7,,ii71 by       
striking #d1jjj1jjj and inserting       
#bf1jjj1jjj2 and  7#b7 in paragraph     
7#b7-- 7,a7 by striking #iej and        
inserting #d1jjj2 and  7,b7 by striking 
#hjj1jjj and inserting #b1jjj1jjj4  7c7 

,financial responsibility requirements  
,section #ajaf7;c77#a7 of the ,oil      
,pollution ,act of #aiij 7#cc ,u4,s4,c4 
#bgaf7;c77#a77 is amended--  7#a7 in    
subparagraph 7,b7-- 7,a7 in clause 7i71 
by striking #ce1jjj1jjj and inserting   
#aje1jjj1jjj2 and  7,b7 in clause 7ii71 
by striking #aj1jjj1jjj and inserting   
#gj1jjj1jjj2 and  7#b7 in subparagraph  
7,c71 by striking #aej1jjj1jjj and      
inserting #cjj1jjj1jjj4  #d4 ,outreach  
to impacted communities1 public comment1
 and public hearings ,section #e7;g7 of 
the ,deepwater ,port ,act of #aigd 7#cc 
,u4,s4,c4 #aejd7;g77 is amended-- 7#a7  
by striking 7g7 ,a license and inserting
 the following3  7g7 ,outreach1 public  
notice1 public comment1 and public      
hearings  7#a7 ,in general ,a license  2
  7#b7 in paragraph 7#a7 7as so         
designated7--  7,a7 in the first        
sentence1 by striking public notice and 
public hearings and inserting public    
notice1 comment1 and hearings2 and  7,b7
 in the second sentence1 by striking ,at

 least and inserting the following3     
7#b7 ,outreach ,the ,secretary shall    
conduct active and ongoing outreach to  
impacted communities1 especially those  
that are also environmental justice     
communities1 including through          
representative civil1 business1         
environmental1 neighborhood1 health1    
education1 labor1 and other             
organizations4  7#c7 ,public notice1    
comment1 and hearings  7,a7 ,notice     
,notice of a public comment period or   
public hearing shall be provided through
 multiple communication methods         
accessible to an impacted community1    
which may include--  7i7 electronic     
media2  7ii7 newspapers2  7iii7 radio2  
7iv7 direct mailings2  7v7 canvassing2  
and  7vi7 other outreach methods        
particularly targeted at environmental  
justice communities4  7,b7 ,public      
comment periods ,all public comment     
periods associated with a proposed      
deepwater port project shall be #ij days
 or longer4  7,c7 ,public hearings  7i7 

,notice ,notice of a public hearing     
shall be provided at least #cj days     
before the date of the hearing4  7ii7   
,requirement ,at least  2 and  7#c7 in  
paragraph 7#c7 7as so designated7--     
7,a7 in subparagraph 7,c7 7as so        
designated7-- 7i7 in clause 7ii7 7as so 
designated71 in the second sentence1 by 
striking ,any interested and inserting  
the following3  7iii7 ,participation    
,any interested  2  7ii7 in clause 7iii7
 7as so designated71 in the second      
sentence1 by striking ,after hearings in
 each adjacent coastal ,state and       
inserting the following3  7iv7          
,adjudicatory hearing  7,i7 ,in general 
,after all hearings under clause 7ii7  2
  7iii7 in clause 7iv7 7as so           
designated7--  7,i7 in subclause 7,i7   
7as so designated71 in the second       
sentence1 by striking ,the record and   
inserting the following3  7,,ii7 ,use of
 record ,the record  2 and  7,,ii7 in   
subclause 7,,ii7 7as so designated71 in 
the second sentence1 by striking        

,hearings held and inserting the        
following3  7v7 ,consolidation of       
hearings  7,i7 ,interagency             
consolidation ,hearings held  2 and     
7iv7 in clause 7v77,i7 7as so           
designated71 in the second sentence1 by 
striking ,all public and inserting the  
following3  7,,ii7 ,consolidation within
 application areas ,all public  2 and   
7,b7 by adding at the end the following3
  7,d7 ,documents ,all documents made   
available for public review shall be    
translated into each language spoken by 
impacted populations4  4  #e4 ,national 
interest determination ,section         
#e7;i77#c7 of the ,deepwater ,port ,act 
of #aigd 7#cc ,u4,s4,c4 #aejd7;i77#c77  
is amended-- 7#a7 by redesignating      
subparagraphs 7,c7 and 7,d7 as          
subparagraphs 7,d7 and 7,e71            
respectively2 and  7#b7 by inserting    
after subparagraph 7,b7 the following3  
7,c7 ,public opinion and the impact of  
the proposed deepwater port on impacted 
communities and1 especially1            

environmental justice communities1 as   
determined through public comment and   
hearings under subsection 7g74  4  #f4  
,environmental review criteria ,section 
#f of the ,deepwater ,port ,act of #aigd
 7#cc ,u4,s4,c4 #aeje7 is amended-- 7#a7
 in subsection 7a7--  7,a7 in paragraph 
7#c71 by inserting recreation1 after    
fishing12  7,b7 in paragraph 7#f7--  7i7
 by inserting 1 safety1 after health2   
and  7ii7 by striking and at the end2   
7,c7 by redesignating paragraphs 7#a7   
through 7#e71 7#f71 and 7#g7 as         
subparagraphs 7,a7 through 7,e71 7,g71  
and 7,n71 respectively1 and indenting   
appropriately2  7,d7 by inserting after 
subparagraph 7,e7 7as so redesignated7  
the following3  7,f7 the effect on air  
qualify from all activities related to  
operation and construction of the       
deepwater port2  2  7,e7 by inserting   
after subparagraph 7,g7 7as so          
redesignated7 the following3  7,h7 the  
health and climate impact on-- 7i7      
impacted communities2 and  7ii7         

environmental justice communities       
nationwide2  7,i7 the effect on--  7i7  
national policy goals2 and  7ii7 the    
commitment of the ,united ,states to    
transition away from fossil fuels to    
clean renewable energy2  7,j7 the effect
 on threatened and endangered species1  
their critical habitat1 and their       
ability to adapt to a changing          
environment2  7,k7 compliance with the  
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq471   
the ,endangered ,species ,act of #aigc  
7#af ,u4,s4,c4 #aeca et seq471 the      
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #abea et seq471 the     
,clean ,air ,act 7#db ,u4,s4,c4 #gdja et
 seq471 and the ,marine ,mammal         
,protection ,act of #aigb 7#af ,u4,s4,c4
 #acfa et seq472  7,l7 the effect of all
 upstream and downstream activities on  
all outcomes described in subparagraphs 
7,a7 through 7,k72  7,m7 the cumulative 
effect1 on all outcomes described in    
subparagraphs 7,a7 through 7,k71 of all 

activities relating to the deepwater    
port combined with the cumulative effect
 of all activities relating to all      
deepwater ports proposed1 under         
construction1 or operating in the same  
geographic region2 and  2 and  7,f7 in  
the matter preceding subparagraph 7,a7  
7as so redesignated71 by striking ,act4 
,such criteria and inserting the        
following3 8,act of #aifi 7#db ,u4,s4,c4
 #dcba et seq474  7#b7 ,use of criteria 
,the criteria established pursuant to   
paragraph 7#a7  2 and  7,g7 in the      
matter preceding paragraph 7#b7 7as so  
designated71 by striking ,the ,secretary
 and inserting the following3  7#a7 ,in 
general ,the ,secretary  2 and  7#b7 in 
subsection 7b7-- 7,a7 by striking ,the  
,secretary and inserting the following3 
7#a7 ,in general ,the ,secretary  2 and 
7,b7 by adding at the end the following3
  7#b7 ,requirement ,not later than #a  
year after the date of enactment of the 
,,no ,,spills ,act of #bjbd1 the        
,secretary1 in consultation with the    

,administrator of the ,environmental    
,protection ,agency1 the ,administrator 
of the ,national ,oceanic and           
,atmospheric ,administration1 and any   
other ,federal departments or agencies  
having jurisdiction over any aspect of  
the construction or operation of a      
deepwater port1 shall update the        
criteria established pursuant to        
subsection 7a74  4  #g4 ,programmatic   
environmental impact statement ,the     
,deepwater ,port ,act of #aigd 7#cc     
,u4,s4,c4 #aeja et seq47 is amended by  
inserting after section #f the          
following3  #g4 ,programmatic           
environmental impact statement for      
projects in the ,gulf of ,mexico  7a7   
,definition of programmatic             
environmental impact statement ,the term
 programmatic environmental impact      
statement means an environmental impact 
statement 7as defined in section #aaa of
 the ,national ,environmental ,policy   
,act of #aifi 7#db ,u4,s4,c4 #dccf;e77  
that is a programmatic environmental    

document 7as defined in that section74  
7b7 ,programmatic ,,eis for the ,gulf of
 ,mexico ,not later than #a year after  
the date of enactment of the ,,no       
,,spills ,act of #bjbd1 the ,secretary  
shall prepare1 in accordance with the   
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq47 and
 this ,act1 a programmatic environmental
 impact statement to assess the impacts1
 including with respect to climate      
change1 of all deepwater port projects  
in the ,gulf of ,mexico proposed1       
pending1 or approved on or after the    
date of enactment of the ,,no ,,spills  
,act of #bjbd4  7c7 ,prohibition        
,notwithstanding any other provision of 
law1 beginning on the date of enactment 
of this ,act1 the ,secretary may not    
issue a license or permit for a new     
deepwater port under this or any other  
,act until the date on which the        
programmatic environmental impact       
statement required under subsection 7b7 
is completed4  7d7 ,authorization of    

appropriations ,there are authorized to 
be appropriated such sums as are        
necessary to carry out this section4  4 
#h4 ,prohibition of liquefied natural   
gas research in maritime environmental  
and technical assistance program        
,section #ejcjg of title #df1 ,united   
,states ,code1 is amended by adding at  
the end the following3  7f7 ,prohibition
 of liquefied natural gas research ,no  
funds made available under this section 
may be used for liquefied natural gas   
research4  4