[House Report 111-567]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-567
2d Session HOUSE OF REPRESENTATIVES Part 1
=======================================================================
OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTION ACT OF 2010
_______
July 27, 2010.--Ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5629]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5629) to ensure full recovery from
responsible parties of damages for physical and economic
injuries, adverse effects on the environment, and clean up of
oil spill pollution, to improve the safety of vessels and
pipelines supporting offshore oil drilling, to ensure that
there are adequate response plans to prevent environmental
damage from oil spills, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Oil Spill
Accountability and Environmental Protection Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Repeal of and adjustments to limitation on liability.
Sec. 3. Evidence of financial responsibility for offshore facilities.
Sec. 4. Damages to human health.
Sec. 5. Clarification of liability for discharges from mobile offshore
drilling units.
Sec. 6. Standard of review for damage assessment.
Sec. 7. Information on claims.
Sec. 8. Limitation of Liability Act.
Sec. 9. Death on the High Seas Act.
Sec. 10. Jones Act.
Sec. 11. Americanization of offshore operations in the exclusive
economic zone.
Sec. 12. Safety management systems for mobile offshore drilling units.
Sec. 13. Safety standards for mobile offshore drilling units.
Sec. 14. Coast Guard marine safety workforce.
Sec. 15. Operational control of mobile offshore drilling units.
Sec. 16. Leave retention authority.
Sec. 17. Single-hull tankers.
Sec. 18. Repeal of response plan waiver.
Sec. 19. National Contingency Plan.
Sec. 20. Tracking Database.
Sec. 21. Safety of transportation-related offshore platforms.
Sec. 22. Evaluation and approval of response plans; maximum penalties.
Sec. 23. Oil and hazardous substance cleanup technologies.
Sec. 24. Implementation of oil spill prevention and response
authorities.
Sec. 25. Disaster damage notification and assessment.
Sec. 26. Impacts to Indian Tribes.
Sec. 27. National Commission study of Federal management and oversight
of offshore drilling.
Sec. 28. Federal enforcement actions.
Sec. 29. Time required before electing to proceed with judicial claim
or against the Fund.
Sec. 30. Report on former Coast Guard officials employed by recognized
organizations of foreign flag administrations.
Sec. 31. Authorized level of Coast Guard personnel.
Sec. 32. Clarification of memorandums of understanding.
Sec. 33. Study of health effects of oil spill.
Sec. 34. Offshore energy security.
Sec. 35. Oil spill response vessel database.
Sec. 36. Offshore sensing and monitoring systems.
Sec. 37. Vice commandant; vice admirals.
Sec. 38. Oil and gas exploration and production.
Sec. 39. Authorization of appropriations.
SEC. 2. REPEAL OF AND ADJUSTMENTS TO LIMITATION ON LIABILITY.
(a) In General.--Section 1004 of the Oil Pollution Act of 1990 (33
U.S.C. 2704) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by striking ``$800,000,,'' and inserting
``$800,000,''; and
(ii) by adding ``and'' after the semicolon at
the end;
(B) by striking paragraph (3); and
(C) by redesignating paragraph (4) as paragraph (3);
(2) in subsection (b)(2) by striking the second sentence; and
(3) by striking subsection (d)(4) and inserting the
following:
``(4) Adjustment of limits on liability.--Not later than 3
years after the date of enactment of the Oil Spill
Accountability and Environmental Protection Act of 2010, and at
least once every 3 years thereafter, the President shall review
the limits on liability specified in subsection (a) and shall
by regulation revise such limits upward to reflect either the
amount of liability that the President determines is
commensurate with the risk of discharge of oil presented by a
particular category of vessel or any increase in the Consumer
Price Index, whichever is greater.''.
(b) Application.--The repeals and amendments made by this section
shall apply to all claims arising from events or activities occurring
on or after April 19, 2010, including to claims pending on or before
the date of enactment of this Act.
SEC. 3. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES.
(a) Modification.--Section 1016(c)(1) of the Oil Pollution Act of
1990 (33 U.S.C. 2716(c)(1)) is amended--
(1) in subparagraph (B) by striking ``subparagraph (A) is''
and all that follows before the period and inserting
``subparagraph (A) is $1,500,000,000'';
(2) by striking subparagraph (C) and inserting the following:
``(C) Greater amount.--
``(i) Specific facilities.--If the President
determines that an amount of financial
responsibility for a responsible party that is
greater than the amount required by
subparagraph (B) is justified based on the
relative operational, environmental, human
health, and other risks posed by the quantity,
quality, or location of oil that is explored
for, drilled for, produced, or transported by
the responsible party, the evidence of
financial responsibility required shall be for
an amount determined by the President.
``(ii) Adjustment for all offshore
facilities.--
``(I) In general.--Not later than 3
years after the date of enactment of
the Oil Spill Accountability and
Environmental Protection Act of 2010,
and at least once every 3 years
thereafter, the President shall review
the level of financial responsibility
specified in subparagraph (B) and may
by regulation revise such level upwards
to a level that the President
determines is justified based on the
relative operational, environmental,
human health, and other risks posed by
the quantity, quality, or location of
oil that is explored for, drilled for,
produced, or transported by the
responsible party.
``(II) Notice to congress.--Upon
completion of a review specified in
subclause (I), the President shall
notify Congress as to whether the
President will revise the levels of
financial responsibility and the
factors for making such
determination.''; and
(3) by striking subparagraph (E).
(b) Application; Transition Period.--
(1) In general.--The amendments made by this section shall
take effect on the date of enactment of this Act and shall
apply to any lease for exploration, development, or production
of minerals, as defined by the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.), that the Secretary of the
Interior awards after the date of enactment of this Act.
(2) Transition period.--Notwithstanding paragraph (1), not
later than 6 months after the date of enactment of this Act,
the President shall require any person who holds, on the date
of enactment of this Act, a lease for exploration, development,
or production of minerals, as defined by the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), located in the
navigable waters, adjoining shoreline, or the Exclusive
Economic Zone of the United States to provide evidence of
financial responsibility consistent with the amendments made by
this section.
SEC. 4. DAMAGES TO HUMAN HEALTH.
(a) In General.--Section 1002(b)(2) of the Oil Pollution Act of 1990
(33 U.S.C. 2702(b)(2)) is amended by adding at the end the following:
``(G) Human health.--
``(i) In general.--Damages to human health,
including fatal injuries, which shall be
recoverable by any claimant who has a
demonstrable, adverse impact to human health
or, in the case of a fatal injury to an
individual, a claimant filing a claim on behalf
of such individual.
``(ii) Inclusion.--For purposes of clause
(i), the term `human health' includes mental
health.''.
(b) Application.--The amendment made by subsection (a) shall apply to
all claims arising from events or activities occurring on or after
April 19, 2010, including such claims pending on or before the date of
enactment of this Act.
SEC. 5. CLARIFICATION OF LIABILITY FOR DISCHARGES FROM MOBILE OFFSHORE
DRILLING UNITS.
(a) In General.--Section 1004(b)(2) of the Oil Pollution Act of 1990
(33 U.S.C. 2704(b)(2)) is amended--
(1) by striking ``from any incident described in paragraph
(1)'' and inserting ``from any discharge of oil, or substantial
threat of a discharge of oil, into or upon the water''; and
(2) by striking ``liable'' and inserting ``liable as
described in paragraph (1)''.
(b) Application.--The amendments made by subsection (a) shall apply
to all claims arising from events or activities occurring on or after
April 19, 2010, including such claims pending on or before the date of
enactment of this Act.
SEC. 6. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT.
Section 1006(e)(2) of the Oil Pollution Act of 1990 (33 U.S.C.
2706(e)(2)) is amended--
(1) in the heading by striking ``Rebuttable presumption'' and
inserting ``Judicial review of assessments''; and
(2) by striking ``have the force and effect'' and all that
follows before the period and inserting the following: ``be
subject to judicial review under subchapter II of chapter 5 of
title 5, United States Code (commonly known as the
Administrative Procedure Act), on the basis of the
administrative record developed by the lead Federal trustee as
provided in such regulations''.
SEC. 7. INFORMATION ON CLAIMS.
(a) In General.--Title I of the Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.) is amended by inserting after section 1013 the following:
``SEC. 1013A. INFORMATION ON CLAIMS.
``In the event of a spill of national significance, the President may
require a responsible party or a guarantor of a source designated under
section 1014(a) to provide to the President any information on or
related to claims, either individually, in the aggregate, or both, that
the President requests, including--
``(1) the transaction date or dates of such claims, including
processing times; and
``(2) any other data pertaining to such claims necessary to
ensure the performance of the responsible party or the
guarantor with regard to the processing and adjudication of
such claims.''.
(b) Conforming Amendment.--The table of contents contained in section
2 of such Act is amended by inserting after the item relating to
section 1013 the following:
``Sec. 1013A. Information on claims.''.
(c) Application.--The amendments made by this section shall apply to
all claims arising from events or activities occurring on or after
April 19, 2010, including such claims pending on or before the date of
enactment of this Act.
SEC. 8. LIMITATION OF LIABILITY ACT.
(a) Repeal.--Chapter 305 of title 46, United States Code, is
amended--
(1) by repealing sections 30505, 30506, 30507, 30511, and
30512; and
(2) by redesignating sections 30508 through 30510 as sections
30505 through 30507, respectively.
(b) Conforming and Clerical Amendments.--
(1) Oil pollution act of 1990.--Section 1018 of the Oil
Pollution Act of 1990 (33 U.S.C. 2718) is amended--
(A) in subsection (a), by striking ``or the Act of
March 3, 1851''; and
(B) in subsection (c), by striking ``, the Act of
March 3, 1851 (46 U.S.C. 183 et seq.),''.
(2) Title 46.--Section 14305(a) of title 46, United States
Code, is amended by striking paragraph (5) and redesignating
paragraphs (6) through (15) as paragraphs (5) through (14),
respectively.
(3) Clerical amendment.--The analysis at the beginning of
chapter 305 of title 46, United States Code, is amended by
striking the items relating to sections 30505 through 30512 and
inserting the following:
``30505. Provisions requiring notice of claim or limiting time for
bringing action.
``30506. Provisions limiting liability for personal injury or death.
``30507. Vicarious liability for medical malpractice with regard to
crew.''.
(c) Application.--The repeals and amendments made by this section
shall apply to all claims arising from events or activities occurring
on or after April 19, 2010, including to claims pending on or before
the date of enactment of this Act.
SEC. 9. DEATH ON THE HIGH SEAS ACT.
(a) In General.--The Death on the High Seas Act (chapter 303 of title
46, United States Code), is amended--
(1) in section 30302--
(A) by inserting ``or law'' after ``admiralty''; and
(B) by striking the last sentence and inserting ``The
action shall be for the exclusive benefit of the
survivors, including the decedent's spouse, parent,
child, or dependent relatives.'';
(2) in section 30303--
(A) by inserting ``and nonpecuniary loss'' after
``pecuniary loss'';
(B) by striking ``by'' and all that follows through
the end, and inserting ``, plus a fair compensation for
the decedent's pain and suffering.''; and
(C) by adding at the end the following: ``In this
section, the term `nonpecuniary loss' means losses
authorized under general maritime law including loss of
care, comfort, and companionship.'';
(3) in section 30305 by inserting ``or law'' after
``admiralty'';
(4) in section 30306, by inserting ``or law'' after
``admiralty'';
(5) by striking section 30307; and
(6) in the analysis at the beginning of such chapter, by
striking the item relating to section 30307.
(b) Application.--The amendments made by subsection (a) shall apply
to all claims arising from events or activities occurring on or after
April 19, 2010, including such claims pending on or before the date of
enactment of this Act.
SEC. 10. JONES ACT.
(a) In General.--Section 30104 of title 46, United States Code, is
amended--
(1) in the second sentence, by striking ``Laws'' and
inserting ``Except as provided in subsection (b), laws'';
(2) by inserting ``(a) In General.--'' before the first
sentence; and
(3) by adding at the end the following:
``(b) Nonpecuniary Losses for Death.--In addition to other amounts
authorized by law, the recovery for a seaman who dies may also include
nonpecuniary losses that are authorized under general maritime law,
such as the loss of care, comfort, and companionship.''.
(b) Application.--The amendments made by subsection (a) shall apply
to all claims arising from events or activities occurring on or after
April 19, 2010, including such claims pending on or before the date of
enactment of this Act.
SEC. 11. AMERICANIZATION OF OFFSHORE OPERATIONS IN THE EXCLUSIVE
ECONOMIC ZONE.
(a) Registry Endorsement Required.--
(1) In general.--Section 12111 of title 46, United States
Code, is amended by adding at the end the following:
``(e) Resource Activities in the EEZ.--Except for activities
requiring an endorsement under sections 12112 or 12113, only a vessel
for which a certificate of documentation with a registry endorsement is
issued and that is owned by a citizen of the United States (as
determined under section 50501(d)) may engage in support of
exploration, development, or production of resources in, on, above, or
below the exclusive economic zone or any other activity in the
exclusive economic zone to the extent that the regulation of such
activity is not prohibited under customary international law.''.
(2) Application.--The amendment made by paragraph (1) applies
only with respect to exploration, development, production, and
support activities that commence on or after July 1, 2011.
(b) Legal Authority.--Section 2301 of title 46, United States Code,
is amended--
(1) by striking ``chapter'' and inserting ``title''; and
(2) by inserting after ``1988'' the following: ``and the
exclusive economic zone to the extent that the regulation of
such operation is not prohibited under customary international
law''.
(c) Training for Coast Guard Personnel.--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 establish a
program to provide Coast Guard personnel with the training necessary
for the implementation of the amendments made by this section.
SEC. 12. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFFSHORE DRILLING UNITS.
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) shall include processes,
procedures, and policies related to the safe operation and maintenance
of the machinery and systems on board the unit that are used for the
industrial business and functions of the unit, including drilling
operations.''.
SEC. 13. SAFETY STANDARDS FOR MOBILE OFFSHORE DRILLING UNITS.
Section 3306 of title 46, United States Code, is amended by adding at
the end the following:
``(k) In prescribing regulations for mobile offshore drilling units,
the Secretary shall develop standards to address a worst-case event
involving a discharge as that term is defined in section 1001 of the
Oil Pollution Act of 1990 (33 U.S.C. 2701).''.
SEC. 14. COAST GUARD MARINE SAFETY WORKFORCE.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 99. Marine safety workforce
``(a) Marine Safety Workforce.--The Secretary, acting through the
Commandant--
``(1) shall designate a sufficient number of positions to be
in the Coast Guard's marine safety workforce to perform vessel
inspections and marine casualty investigations; and
``(2) shall ensure that a sufficient number of fully
qualified officers, members, and civilian employees of the
Coast Guard are assigned to those positions.
``(b) Career Paths.--The Secretary, acting through the Commandant,
shall ensure that appropriate career paths for an officer, member, or
civilian employee of the Coast Guard who wishes to pursue a career in
marine safety are identified in terms of the education, training,
experience, and assignments necessary for career progression to the
most senior marine safety positions. The Secretary shall make available
published information on such career paths.
``(c) Qualifications.--With regard to the marine safety workforce, an
officer, member, or civilian employee of the Coast Guard assigned as
a--
``(1) marine inspector shall have the training, experience,
and qualifications equivalent to that required for a similar
position at a classification society recognized by the
Secretary under section 3316 of title 46 for the type of
vessel, system, or equipment that is inspected;
``(2) marine casualty investigator shall have training,
experience, and qualifications in investigation, marine
casualty reconstruction, evidence collection and preservation,
human factors, and documentation using best investigation
practices by Federal and non-Federal entities;
``(3) marine safety engineer shall have knowledge, skill, and
practical experience in--
``(A) the construction and operation of commercial
vessels;
``(B) judging the character, strength, stability, and
safety qualities of such vessels and their equipment;
or
``(C) the qualifications and training of vessel
personnel; or
``(4) marine inspector inspecting mobile offshore drilling
units shall have knowledge, skill, and practical experience
in--
``(A) Federal, State, and international law
compliance;
``(B) personnel training;
``(C) drilling operations;
``(D) mobile offshore drilling unit and maritime
safety;
``(E) the effect of weather on mobile offshore
drilling unit safety and operations;
``(F) ship handling and positioning; and
``(G) emergency procedures.
``(d) Apprenticeship Requirements.--
``(1) In general.--An officer, member, or civilian employee
of the Coast Guard in training to become a marine inspector,
marine casualty investigator, or a marine safety engineer shall
serve a minimum of one-year apprenticeship, unless otherwise
directed by the Commandant, under the guidance of a qualified
marine inspector (including an inspector of mobile offshore
drilling units), marine casualty investigator, or marine safety
engineer. The Commandant may authorize shorter apprenticeship
periods for certain qualifications, as appropriate.
``(2) Highly specialized vessels.--
``(A) In general.--In addition to the requirement
under paragraph (1), any officer, member, or employee
of the Coast Guard assigned as a marine inspector or
marine casualty investigator with responsibility for
inspecting or responding to casualties involving highly
specialized vessels must have served a minimum of 6
months apprenticeship with those vessels.
``(B) Highly specialized vessels defined.--In this
paragraph the term `highly specialized vessel' includes
mobile offshore drilling units, tank vessels, and
vessels carrying certain dangerous cargoes as defined
by the Commandant.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following:
``99. Marine safety workforce.''.
(c) Support for Maritime Safety and Security Teams Participating in
``Deepwater Horizon'' Response.--
(1) Review and report.--The Secretary of the department in
which the Coast Guard is operating shall review and report to
Congress on the needs of maritime safety and security teams
participating in patrols and setup of safety zones for, and
management of, the discharge of oil that began in 2010 in
connection with the explosion on, and sinking of, the mobile
offshore drilling unit DEEPWATER HORIZON.
(2) Funding.--There is authorized to be appropriated to such
Secretary, to remain available until expended, such sums as are
necessary to support the response of the Coast Guard and any
Coast Guard maritime safety and security team in such patrols,
setup of safety zones, and management.
SEC. 15. OPERATIONAL CONTROL OF MOBILE OFFSHORE DRILLING UNITS.
(a) Licenses for Masters of Mobile Offshore Drilling Units.--
(1) In general.--Chapter 71 of title 46, United States Code,
is amended by redesignating sections 7104 through 7114 as
sections 7105 through 7115, respectively, and by inserting
after section 7103 the following:
``Sec. 7104. Licenses for masters of mobile offshore drilling units
``A license as master of a mobile offshore drilling unit may be
issued only to an applicant who has been issued a license as master
under section 7101(c)(1) and has demonstrated the knowledge,
understanding, proficiency, and sea service required to be responsible
for all industrial business or functions of a mobile offshore drilling
unit, including all drilling operations of that type of unit for which
the applicant is to be licensed.''.
(2) Conforming amendment.--Section 7109 of such title, as so
redesignated, is amended by striking ``section 7106 or 7107''
and inserting ``section 7107 or 7108''.
(3) Clerical amendment.--The analysis at the beginning of
such chapter is amended by striking the items relating to
sections 7104 through 7114 and inserting the following:
``7104. Licenses for masters of mobile offshore drilling units.
``7105. Certificates for medical doctors and nurses.
``7106. Oaths.
``7107. Duration of licenses.
``7108. Duration of certificates of registry.
``7109. Termination of licenses and certificates of registry.
``7110. Review of criminal records.
``7111. Exhibiting licenses.
``7112. Oral examinations for licenses.
``7113. Licenses of masters or mates as pilots.
``7114. Exemption from draft.
``7115. Fees.''.
(b) Requirement for Certificate of Inspection.--Section 8101(a)(2) of
title 46, United States Code, is amended by inserting before the
semicolon the following: ``and shall at all times be under the command
of a master licensed under section 7104''.
(c) Effective Date.--The amendments made by this section shall take
effect 6 months after the date of enactment of this Act.
SEC. 16. LEAVE RETENTION AUTHORITY.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
``(a) In General.--A duty assignment for an active duty member of the
Coast Guard in support of a declaration of a major disaster or
emergency by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to
a spill of national significance shall be treated, for the purpose of
section 701(f)(2) of title 10, as a duty assignment in support of a
contingency operation.
``(b) Definitions.--In this section:
``(1) Spill of national significance.--The term `spill of
national significance' means a discharge of oil or a hazardous
substance that is declared by the Commandant to be a spill of
national significance.
``(2) Discharge.--The term `discharge' has the meaning given
that term in section 1001 of the Oil Pollution Act of 1990 (33
U.S.C. 2701).''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
inserting after the item relating to section 425 the following:
``426. Emergency leave retention authority.''.
SEC. 17. SINGLE-HULL TANKERS.
(a) Application of Tank Vessel Construction Standards.--Section
3703a(b) of title 46, United States Code, is amended by striking
paragraph (3), and redesignating paragraphs (4) through (6) as
paragraphs (3) through (5), respectively.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on January 1, 2011.
SEC. 18. REPEAL OF RESPONSE PLAN WAIVER.
Section 311(j)(5)(G) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(5)(G)) is amended--
(1) by striking ``a tank vessel, nontank vessel, offshore
facility, or onshore facility'' and inserting ``a nontank
vessel'';
(2) by striking ``tank vessel, nontank vessel, or facility''
and inserting ``nontank vessel''; and
(3) by adding at the end the following: ``A mobile offshore
drilling unit, as such term is defined in section 1001 of the
Oil Pollution Act of 1990 (33 U.S.C. 2701), is not eligible to
operate without a response plan approved under this section.''.
SEC. 19. NATIONAL CONTINGENCY PLAN.
(a) Guidelines for Containment Booms.--Section 311(d)(2) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(d)(2)) is amended
by adding at the end the following:
``(N) Guidelines regarding the use of containment
booms to contain a discharge of oil or a hazardous
substance, including identification of quantities of
containment booms likely to be needed, available
sources of containment booms, and best practices for
containment boom placement, monitoring, and
maintenance.''.
(b) Schedule for Use of Dispersants, Other Chemicals, and Other Spill
Mitigating Devices and Substances.--Section 311(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(d)) is amended by adding at the
end the following:
``(5) Schedule for use of dispersants, other chemicals, and
other spill mitigating devices and substances.--
``(A) Rulemaking.--Not later than 15 months after the
date of enactment of this paragraph, the President,
acting through the Administrator, after providing
notice and an opportunity for public comment, shall
issue a revised regulation for the development of the
schedule for the use of dispersants, other chemicals,
and other spill mitigating devices and substances
developed under paragraph (2)(G) in a manner that is
consistent with the requirements of this paragraph and
shall modify the existing schedule to take into account
the requirements of the revised regulation.
``(B) Schedule listing requirements.--In issuing the
regulation under subparagraph (A), the Administrator
shall--
``(i) with respect to dispersants, other
chemicals, and other spill mitigating
substances included or proposed to be included
on the schedule under paragraph (2)(G)--
``(I) establish minimum toxicity and
efficacy testing criteria, taking into
account the results of the study
carried out under subparagraph (C);
``(II) provide for testing or other
verification (independent from the
information provided by an applicant
seeking the inclusion of such
dispersant, chemical, or substance on
the schedule) related to the toxicity
and effectiveness of such dispersant,
chemical, or substance;
``(III) establish a framework for the
application of any such dispersant,
chemical, or substance, including--
``(aa) quantity restrictions
or application conditions;
``(bb) the quantity
thresholds for which
consultation with and approval
by the Regional Response Team
and the Federal On-Scene
Coordinator is required;
``(cc) the criteria to be
used to develop the appropriate
maximum quantity of any such
dispersant, chemical, or
substance that the
Administrator determines may be
used, both on a daily and
cumulative basis; and
``(dd) a ranking, by
geographic area, of any such
dispersant, chemical, or
substance based on a
combination of its
effectiveness for each type of
oil and its level of toxicity;
``(IV) establish a requirement that
the volume of oil or hazardous
substance discharged, and the volume
and location of any such dispersant,
chemical, or substance used, be
measured and made publicly available;
``(V) notwithstanding any other
provision of law, require the public
disclosure of the specific chemical
identity, including the chemical and
common name of any ingredients
contained in, and specific chemical
formulas or mixtures of, any such
dispersant, chemical, or substance; and
``(VI) in addition to existing
authority, expressly provide a
mechanism for the delisting of any such
dispersant, chemical, or substance
based on any information made available
to the Administrator that demonstrates
that such dispersant, chemical, or
substance poses a significant risk to
or impact on human health or the
environment;
``(ii) with respect to a dispersant, other
chemical, and other spill mitigating substance
not specifically identified on the schedule,
and prior to the use of such dispersant,
chemical, or substance in accordance with
paragraph (2)(G), establish--
``(I) the minimum toxicity and
efficacy levels for such dispersant,
chemical, or substance;
``(II) the information, including the
specific chemical identity, formula,
and mixtures, on such dispersant, other
chemical, or other spill mitigating
substance that shall be made publicly
available; and
``(III) such additional information
as the Administrator determines
necessary; and
``(iii) with respect to other spill
mitigating devices included or proposed to be
included on the schedule under paragraph
(2)(G)--
``(I) require the manufacturer of
such device to carry out a study of the
risks and effectiveness of the device
according to guidelines developed and
published by the Administrator; and
``(II) in addition to existing
authority, expressly provide a
mechanism for the delisting of any such
device based on any information made
available to the Administrator that
demonstrates that such device poses a
significant risk to or impact on human
health or the environment.
``(C) Study.--
``(i) In general.--Not later than 3 months
after the date of enactment of this paragraph,
the Administrator shall initiate a study of the
potential risks and impacts to human health and
the environment, including acute and chronic
risks, from the use of dispersants, other
chemicals, and other spill mitigating
substances, if any, that may be used to carry
out the National Contingency Plan, including an
assessment of such risks and impacts--
``(I) on a representative sample of
biota and types of oil from locations
where such dispersants, chemicals, or
substances may potentially be used;
``(II) on human health, including
individuals most likely to come into
contact with such dispersants,
chemicals, or substances, such as oil
spill response action workers; and
``(III) that result from any by-
products created from the use of such
dispersants, chemicals, or substances.
``(ii) Information from manufacturers.--
``(I) In general.--In conjunction
with the study authorized by clause
(i), the Administrator shall determine
the requirements for manufacturers of
dispersants, chemicals, or substances
to evaluate the potential risks and
impacts to human health and the
environment, including acute and
chronic risks, associated with the use
of the dispersants, chemicals, or
substances and any byproducts generated
by such use and to provide the details
of such evaluation as a condition for
listing on the schedule according to
guidelines developed and published by
the Administrator.
``(II) Minimum requirements for
evaluation.--Any evaluation carried out
by a manufacturer under this clause
shall include--
``(aa) information on the
oils and locations where such
dispersants, chemicals, or
substances may potentially be
used;
``(bb) an evaluation of the
variety of different
dispersants, chemicals, or
substances that may be used in
a response; and
``(cc) an assessment of
application and impacts from
subsea use of the dispersant,
chemical, or substance,
including the potential long
term effects of such use.
``(D) Periodic revisions.--
``(i) In general.--Not later than 5 years
after the date of the issuance of the
regulation under this paragraph, and at least
once every 5 years thereafter, the
Administrator shall review the schedule for the
use of dispersants, other chemicals, and other
spill mitigating devices and substances that
may be used to carry out the National
Contingency Plan and update or revise the
schedule, as necessary, to ensure the
protection of human health and the environment.
``(ii) Effectiveness.--The Administrator
shall ensure, to the maximum extent
practicable, that each update or revision to
the schedule increases the minimum
effectiveness value necessary for listing a
dispersant, other chemical, or other spill
mitigating device or substance on the schedule.
``(E) Approval of use and application of
dispersants.--
``(i) In general.--In issuing the regulation
under subparagraph (A), the Administrator shall
require the approval of the Federal On-Scene
Coordinator, in coordination with the
Administrator, for all uses of a dispersant,
other chemical, or other spill mitigating
substance in any removal action, including--
``(I) any such dispersant, chemical,
or substance that is included on the
schedule developed pursuant to this
subsection; or
``(II) any dispersant, chemical, or
other substance that is included as
part an approved area contingency plan
or response plan developed under this
section.
``(ii) Repeal.--Any part of section 300.910
of title 40, Code of Federal Regulations, that
is inconsistent with this paragraph is hereby
repealed.
``(6) Review of and development of criteria for evaluating
response plans.--
``(A) Review.--Not later than 6 months after the date
of enactment of this paragraph, the President shall
review the procedures and standards developed under
paragraph (2)(J) to determine their sufficiency in
ceasing and removing a worst case discharge of oil or
hazardous substances, and for mitigating or preventing
a substantial threat of such a discharge.
``(B) Rulemaking.--Not later than 1 year after the
date of enactment of this paragraph, the President,
after providing notice and an opportunity for public
comment, shall undertake a rulemaking to--
``(i) revise the procedures and standards for
ceasing and removing a worst case discharge of
oil or hazardous substances, and for mitigating
or preventing a substantial threat of such a
discharge; and
``(ii) develop a metric for evaluating the
National Contingency Plan, Area Contingency
Plans, and tank vessel, nontank vessel, and
facility response plans consistent with the
procedures and standards developed pursuant to
this paragraph.''.
(c) Inclusion of Containment Booms in Area Contingency Plans.--
Section 311(j)(4)(C)(iv) of such Act (33 U.S.C. 1321(j)(4)(C)(iv)) is
amended by striking ``(including firefighting equipment)'' and
inserting ``(including firefighting equipment and containment booms)''.
SEC. 20. TRACKING DATABASE.
Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C.
1321(b)) is amended by adding at the end the following:
``(13) Tracking database.--
``(A) In general.--The President shall create a
database to track all discharges of oil or hazardous
substances--
``(i) into the waters of the United States,
adjoining shorelines, or into or upon the
waters of the contiguous zone;
``(ii) in connection with activities under
the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) or the Deepwater Port Act
of 1974 (33 U.S.C. 1501 et seq.); or
``(iii) which may affect natural resources
belonging to, appertaining to, or under the
exclusive management authority of the United
States (including resources under the Fishery
Conservation and Management Act of 1976 (16
U.S.C. 1801 et seq.)).
``(B) Requirements.--The database shall--
``(i) include--
``(I) the name of the vessel or
facility;
``(II) the name of the owner,
operator, or person in charge of the
vessel or facility;
``(III) the date of the discharge;
``(IV) the volume of the discharge;
``(V) the location of the discharge,
including an identification of any
receiving waters that are or could be
affected by the discharge;
``(VI) a record of any determination
of a violation of this section or
section 1002 of the Oil Pollution Act
of 1990 (33 U.S.C. 2702);
``(VII) a record of any
administrative or enforcement action
taken against the owner, operator, or
person in charge; and
``(VIII) any additional information
that the President determines
necessary;
``(ii) use data provided by the Environmental
Protection Agency, the Coast Guard, the
Pipeline and Hazardous Materials Safety
Administration, and other appropriate Federal
agencies;
``(iii) use data protocols developed and
managed by the Environmental Protection Agency;
and
``(iv) be publicly accessible, including by
electronic means.''.
SEC. 21. SAFETY OF TRANSPORTATION-RELATED OFFSHORE PLATFORMS.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 60138. Safety of transportation-related offshore platforms
``(a) In General.--The Secretary of Transportation shall conduct an
analysis of the adequacy of existing regulations and standards for the
safety of transportation-related offshore platforms and the impact of
the integrity of such platforms on pipeline safety.
``(b) Consultation.--In carrying out subsection (a), the Secretary
may consult with any agency, organization, or person with expertise in
the design, construction, testing, operation, or maintenance of
offshore platforms.
``(c) Report to Congress.--Not later than 24 months after the date of
enactment of this section, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report describing the results of the analysis conducted under
subsection (a). The report shall include any recommendations the
Secretary may have for addressing the safety or integrity of
transportation-related offshore platforms, including any
recommendations for legislative or regulatory action.
``(d) Transportation-Related Offshore Platform Defined.--In this
section, the term `transportation-related offshore platform' means any
platform--
``(1) located beyond the shoreline of the United States in
State or Federal waters;
``(2) used for transporting gas or hazardous liquid; and
``(3) the design, construction, testing, operation,
maintenance, and security of which is not regulated by another
Federal agency.
``(e) Limitation.--Nothing in this section applies to a production
facility.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``60138. Safety of transportation-related offshore platforms.''.
SEC. 22. EVALUATION AND APPROVAL OF RESPONSE PLANS; MAXIMUM PENALTIES.
(a) Agency Review of Response Plans.--
(1) Lead federal agency for review of response plans.--
Section 311(j)(5)(A) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(j)(5)(A)) is amended by adding at the end the
following:
``(iii) In issuing the regulations under this paragraph, the
President shall ensure that--
``(I) the owner, operator, or person in charge of a
tank vessel, nontank vessel, or offshore facility
described in subparagraph (C) will not be considered to
have complied with this paragraph until the owner,
operator, or person in charge submits a plan under
clause (i) or (ii), as appropriate, to the Secretary of
the department in which the Coast Guard is operating,
or the Administrator, with respect to such offshore
facilities as the President may designate, and the
Secretary or Administrator, as appropriate, determines
and notifies the owner, operator, or person in charge
that the plan, if implemented, will provide an adequate
response to a worst case discharge of oil or a
hazardous substance or a substantial threat of such a
discharge; and
``(II) the owner, operator, or person in charge of an
onshore facility described in subparagraph (C)(iv) will
not be considered to have complied with this paragraph
until the owner, operator, or person in charge submits
a plan under clause (i) either to the Secretary of
Transportation, with respect to transportation-related
onshore facilities, or the Administrator, with respect
to all other onshore facilities, and the Secretary or
Administrator, as appropriate, determines and notifies
the owner, operator, or person in charge that the plan,
if implemented, will provide an adequate response to a
worst-case discharge of oil or a hazardous substance or
a substantial threat of such a discharge.
``(iv)(I) The Secretary of the department in which the Coast
Guard is operating, the Secretary of Transportation, or the
Administrator, as appropriate, shall require that a plan
submitted to the Secretary or Administrator for a vessel or
facility under clause (iii)(I) or (iii)(II) by an owner,
operator, or person in charge--
``(aa) contain a probabilistic risk analysis for all
critical engineered systems of the vessel or facility;
and
``(bb) adequately address all risks identified in the
risk analysis.
``(II) The Secretary or Administrator, as appropriate, shall
require that a risk analysis developed under subclause (I)
include, at a minimum, the following:
``(aa) An analysis of human factors risks, including
both organizational and management failure risks.
``(bb) An analysis of technical failure risks,
including both component technologies and integrated
systems risks.
``(cc) An analysis of interactions between humans and
critical engineered systems.
``(dd) Quantification of the likelihood of modes of
failure and potential consequences.
``(ee) A description of methods for reducing known
risks.
``(III) The Secretary or Administrator, as appropriate, shall
require an owner, operator, or person in charge that develops a
risk analysis under subclause (I) to make the risk analysis
available to the public.''.
(2) Review and approval of response plans.--Section
311(j)(5)(E) of such Act (33 U.S.C. 1321(j)(5)(E)) is amended
to read as follows:
``(E) With respect to any response plan submitted under this
paragraph for an onshore facility that, because of its
location, could reasonably be expected to cause significant and
substantial harm to the environment by discharging into or on
the navigable waters or adjoining shorelines or the exclusive
economic zone, and with respect to each response plan submitted
under this paragraph for a tank vessel, nontank vessel, or
offshore facility, the President shall--
``(i) promptly review the response plan;
``(ii) verify that the response plan complies with
subparagraph (A)(iv), relating to risk analyses;
``(iii) with respect to a plan for an offshore or
onshore facility or a tank vessel that carries
liquefied natural gas, provide an opportunity for
public notice and comment on the response plan;
``(iv) taking into consideration any public comments
received and other appropriate factors, as determined
by the President, require revisions to the response
plan;
``(v) approve, approve with revisions, or disapprove
the response plan;
``(vi) review the response plan periodically
thereafter, and if applicable requirements are not met,
acting through the head of the appropriate Federal
department or agency--
``(I) issue administrative orders directing
the owner, operator, or person in charge to
comply with the response plan or any regulation
issued under this section; or
``(II) assess civil penalties or conduct
other appropriate enforcement actions in
accordance with subsections (b)(6), (b)(7), and
(b)(8) for failure to develop, submit, receive
approval of, adhere to, or maintain the
capability to implement the response plan, or
failure to comply with any other requirement of
this section;
``(vii) acting through the head of the appropriate
Federal department or agency, require, at a minimum,
biennial inspections conducted by such agency of the
tank vessel, nontank vessel, or facility to ensure
compliance with the response plan or identify
deficiencies in such plan;
``(viii) acting through the head of the appropriate
Federal department or agency, make the response plan
available to the public, including on the Internet; and
``(ix) in the case of a plan for a nontank vessel,
consider any applicable State-mandated response plan in
effect on the date of enactment of the Coast Guard and
Maritime Transportation Act of 2004 and ensure
consistency to the extent practicable.''.
(3) Biennial report.--Section 311(j)(5) of such Act (33
U.S.C. 1321(j)(5)) is amended by adding at the end the
following:
``(J) Not later than 2 years after the date of enactment of
this subparagraph, and biennially thereafter, the President,
acting through the Administrator, the Secretary of the
department in which the Coast Guard is operating, and the
Secretary of Transportation, shall submit to Congress a report
containing the following information for each owner, operator,
or person in charge that submitted a response plan for a tank
vessel, nontank vessel, or other facility under this paragraph:
``(i) The number of response plans approved,
disapproved, or approved with revisions under
subparagraph (E) annually for tank vessels, nontank
vessels, and facilities of the owner, operator, or
person in charge.
``(ii) The number of inspections conducted under
subparagraph (E) annually for tank vessels, nontank
vessels, and facilities of the owner, operator, or
person in charge.
``(iii) A summary of each administrative or
enforcement action taken with respect each tank vessel,
nontank vessel, and facility of the owner, operator, or
person in charge, including a description of the
violation, the date of violation, the amount of each
penalty proposed, and the final assessment of each
penalty and an explanation for any reduction in a
penalty.''.
(4) Administrative provisions for facilities.--Section
311(m)(2) of such Act (33 U.S.C. 1321(m)(2)) is amended in each
of subparagraphs (A) and (B) by inserting ``, the Secretary of
Transportation,'' before ``or the Secretary of the department
in which the Coast Guard is operating''.
(b) Penalties.--
(1) Administrative penalties.--
(A) Authority of secretary of transportation to
assess penalties.--Section 311(b)(6)(A) of such Act (33
U.S.C. 1321(b)(6)(A)) is amended by inserting ``, the
Secretary of Transportation,'' before ``or the
Administrator''.
(B) Administrative penalties for failure to provide
notice.--Section 311(b)(6)(A) of such Act (33 U.S.C.
1321(b)(6)(A)) is further amended--
(i) in clause (i) by striking ``paragraph
(3), or'' and inserting ``paragraph (3),'';
(ii) in clause (ii) by striking ``any
regulation'' and inserting ``any order or
action required by the President under
subsection (c) or (e) or any regulation'';
(iii) by redesignating clause (ii) as clause
(iii);
(iv) by inserting after clause (i) the
following:
``(ii) who fails to provide notice to the
appropriate Federal agency pursuant to
paragraph (5), or''; and
(v) by adding at the end the following:
``Whenever the President delegates the
authority to issue regulations under subsection
(j), the agency that issues regulations
pursuant to that authority shall have the
authority to assess a civil penalty in
accordance with this section for violations of
such regulations.''.
(C) Penalty amounts.--Section 311(b)(6)(B) of such
Act (33 U.S.C. 1321(b)(6)(B)) is amended--
(i) in clause (i)--
(I) by striking ``$10,000'' and
inserting ``$100,000''; and
(II) by striking ``$25,000'' and
inserting ``$250,000''; and
(ii) in clause (ii)--
(I) by striking ``$10,000'' and
inserting ``$100,000''; and
(II) by striking ``$125,000'' and
inserting ``$1,000,000''.
(2) Civil penalties.--Section 311(b)(7) of such Act (33
U.S.C. 1321(b)(7)) is amended--
(A) in subparagraph (A)--
(i) by striking ``$25,000'' and inserting
``$100,000''; and
(ii) by striking ``$1,000'' and inserting
``$2,500'';
(B) in subparagraph (B)--
(i) by striking ``described in subparagraph
(A)'';
(ii) in clause (i) by striking ``carry out
removal of the discharge under an order of the
President pursuant to subsection (c); or'' and
inserting ``comply with any action required by
the President pursuant to subsection (c),'';
(iii) in clause (ii) by striking ``(1)(B)'';
(iv) by redesignating clause (ii) as clause
(iii);
(v) by inserting after clause (i) the
following:
``(ii) fails to provide notice to the
appropriate Federal agency pursuant to
paragraph (5), or''; and
(vi) by striking ``$25,000'' and inserting
``$100,000'';
(C) in subparagraph (C)--
(i) by striking ``$25,000'' and inserting
``$100,000''; and
(ii) by adding at the end the following:
``Whenever the President delegates the
authority to issue regulations under subsection
(j), the agency that issues regulations
pursuant to that authority shall have the
authority to order injunctive relief or assess
a civil penalty in accordance with this section
for violations of such regulations and the
authority to refer the matter to the Attorney
General for action under subparagraph (E).'';
(D) in subparagraph (D)--
(i) by striking ``$100,000'' and inserting
``$1,000,000''; and
(ii) by striking ``$3,000'' and inserting
``$7,500''; and
(E) in subparagraph (E) by adding at the end the
following: ``The court may award appropriate relief,
including a temporary or permanent injunction, civil
penalties, compliance requirements, and punitive
damages.''.
(3) Application.--The amendments made by this subsection
shall apply to violations occurring on or after April 19, 2010.
(c) Clarification of Federal Removal Authority.--Section
311(c)(1)(B)(ii) of such Act (33 U.S.C. 1321(c)(1)(B)(ii)) is amended
by striking the term ``monitor all'' and inserting ``monitor, including
through the use of an administrative order, all''.
SEC. 23. OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES.
Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)) is amended by adding at the end the following:
``(9) Oil and hazardous substance cleanup technologies.--The
President, acting through the Secretary of the department in
which the Coast Guard is operating, shall--
``(A) in coordination with the heads of other
appropriate Federal agencies, establish a process for--
``(i) quickly and effectively soliciting,
assessing, and deploying offshore oil and
hazardous substance cleanup technologies in the
event of a discharge or substantial threat of a
discharge of oil or a hazardous substance in
United States waters; and
``(ii) effectively coordinating with other
appropriate agencies, industry, academia, small
businesses, and others to ensure the best
technology available is implemented in the
event of such a discharge or threat; and
``(B) in coordination with the heads of other
appropriate Federal agencies, maintain a database on
best available oil and hazardous substance cleanup
technologies in the event of a discharge or substantial
threat of a discharge of oil or a hazardous substance
in United States waters.''.
SEC. 24. IMPLEMENTATION OF OIL SPILL PREVENTION AND RESPONSE
AUTHORITIES.
Section 311(l) of the Federal Water Pollution Control Act (33 U.S.C.
1321(l)) is amended--
(1) by striking ``(l) The President'' and inserting the
following:
``(l) Delegation and Implementation.--
``(1) Delegation.--The President''; and
(2) by adding at the end the following:
``(2) Environmental protection agency.--
``(A) In general.--The President shall delegate the
responsibilities under subparagraph (B) to the
Administrator.
``(B) Responsibilities.--The Administrator shall
ensure that Environmental Protection Agency personnel
develop and maintain operational capability--
``(i) for effective inspection, monitoring,
prevention, preparedness, and response
authorities related to the discharge or
substantial threat of a discharge of oil or a
hazardous substance;
``(ii) to protect human health and safety
from impacts of a discharge or substantial
threat of a discharge of oil or a hazardous
substance;
``(iii) to review and approve of, disapprove
of, or require revisions (if necessary) to
onshore facility response plans and to carry
out all other responsibilities under subsection
(j)(5)(E); and
``(iv) to protect the environment and natural
resources from impacts of a discharge or
substantial threat of a discharge of oil or a
hazardous substance.
``(3) Coast guard.--
``(A) In general.--The President shall delegate the
responsibilities under subparagraph (B) to the
Secretary of the department in which the Coast Guard is
operating.
``(B) Responsibilities.--The Secretary shall ensure
that Coast Guard personnel develop and maintain
operational capability--
``(i) to establish and enforce regulations
and standards for procedures, methods,
equipment, and other requirements to prevent
and to contain a discharge of oil or a
hazardous substance from a tank vessel, nontank
vessel, or offshore facility;
``(ii) to establish and enforce regulations,
and to carry out all other responsibilities,
under subsection (j)(5)(A);
``(iii) to review and approve of, disapprove
of, or require revisions (if necessary) to tank
vessel, nontank vessel, and offshore facility
response plans and to carry out all other
responsibilities under subsection (j)(5)(E);
``(iv) for effective inspection, monitoring,
prevention, preparedness, and response
authorities related to the discharge or
substantial threat of a discharge of oil or a
hazardous substance from a tank vessel, nontank
vessel, or offshore facility;
``(v) to protect the public from impacts of a
discharge or substantial threat of a discharge
of oil or a hazardous substance in United
States waters; and
``(vi) to protect the environment and natural
resources from impacts of a discharge or
substantial threat of a discharge of oil or a
hazardous substance in United States waters.
``(C) Role as first responder.--
``(i) In general.--The responsibilities
delegated to the Secretary under subparagraph
(B) shall be sufficient to allow the Coast
Guard to act as a first responder to a
discharge or substantial threat of a discharge
of oil or a hazardous substance from a tank
vessel, nontank vessel, or offshore facility.
``(ii) Capabilities.--The President shall
ensure that the Coast Guard has sufficient
personnel and resources to act as a first
responder as described in clause (i), including
the resources necessary for on-going training
of personnel, acquisition of equipment
(including containment booms, dispersants, and
skimmers), and prepositioning of equipment.
``(D) Contracts.--The Secretary may enter into
contracts with private and nonprofit organizations for
personnel and equipment in carrying out the
responsibilities delegated to the Secretary under
subparagraph (B).
``(4) Department of transportation.--
``(A) In general.--The President shall delegate the
responsibilities under subparagraph (B) to the
Secretary of Transportation.
``(B) Responsibilities.--The Secretary of
Transportation shall--
``(i) establish and enforce regulations and
standards for procedures, methods, equipment,
and other requirements to prevent and to
contain discharges of oil and hazardous
substances from transportation-related onshore
facilities;
``(ii) have the authority to review and
approve of, disapprove of, or require revisions
(if necessary) to transportation-related
onshore facility response plans and to carry
out all other responsibilities under subsection
(j)(5)(E); and
``(iii) ensure that Department of
Transportation personnel develop and maintain
operational capability--
``(I) for effective inspection,
monitoring, prevention, preparedness,
and response authorities related to the
discharge or substantial threat of a
discharge of oil or a hazardous
substance from a transportation-related
onshore facility;
``(II) to protect the public from the
impacts of a discharge or substantial
threat of a discharge of oil or a
hazardous substance from a
transportation-related onshore
facility; and
``(III) to protect the environment
and natural resources from the impacts
of a discharge or substantial threat of
a discharge of oil or a hazardous
substance from a transportation-related
onshore facility.''.
SEC. 25. DISASTER DAMAGE NOTIFICATION AND ASSESSMENT.
(a) In General.--Section 60108 of title 49, United States Code, is
amended by adding at the end the following:
``(e) Disaster Damage Notification and Assessment.--
``(1) Notification required.--In the event of a manmade or
natural disaster, the operator of a pipeline facility in an
affected location shall notify the Secretary not later than 12
hours after the cessation of the disaster, as determined by the
Secretary, or an earlier time determined appropriate by the
Secretary, of any changes to the operational status of the
pipeline facility, including information concerning physical
damages, releases of highly volatile liquid, other hazardous
liquid, or gas, disruptions in service, and projected dates for
return to service.
``(2) Preparation of damage assessments.--Not later than 30
days after the cessation of a manmade or natural disaster, as
determined by the Secretary, the operator of a pipeline
facility in an affected location shall develop and transmit to
the Secretary a written damage assessment. The damage
assessment, at a minimum, shall--
``(A) identify any physical damage to the pipeline
facility and any other credible threat or hazard to the
pipeline facility;
``(B) assess the extent of any physical damage to the
pipeline facility and any other credible threat or
hazard to the pipeline facility;
``(C) evaluate the integrity of the pipeline
facility;
``(D) if necessary, provide a schedule for repairing
or abandoning the pipeline facility; and
``(E) meet any other requirements the Secretary
determines are appropriate by regulation.
``(3) Abandonment.--An operator of a pipeline facility shall
notify the Secretary promptly if the operator determines that
the pipeline facility must be abandoned as a result of a
manmade or natural disaster.
``(4) Other.--An operator of a pipeline facility shall
retain, and make available to the Secretary on request, a copy
of any report prepared under this subsection for at least 5
years.
``(5) Definitions.--In this subsection, the following
definitions apply:
``(A) Abandon.--The term `abandon' means permanently
remove from service.
``(B) Affected location.--The term `affected
location' means any area directly or substantially
affected by a manmade or natural disaster, as
determined by the Secretary.
``(C) Manmade or natural disaster.--The term `manmade
or natural disaster' means any hurricane, tornado,
tidal wave, tsunami, earthquake, volcanic eruption, or,
regardless of cause, any fire, flood, or explosion, or
any similar catastrophe in the United States that
causes, or may cause, substantial damage or injury to
persons, property, or the environment, as determined by
the Secretary.''.
(b) Regulations.--
(1) Final rule.--The Secretary of Transportation shall issue
a final rule establishing procedures to carry out section
60108(e) of title 49, United States Code, not later than 1 year
after the date of enactment of this Act.
(2) Interim guidance.--For the period beginning on the date
of enactment of this Act and ending on the date of issuance of
a rule under paragraph (1), or the date that is 45 days after
such date of enactment, whichever is earlier, the Secretary
shall issue interim guidance to the operator of a pipeline
facility requiring notification of the Secretary and an
assessment of pipeline facilities located in an affected area
in the case of a manmade or natural disaster.
SEC. 26. IMPACTS TO INDIAN TRIBES.
Section 1002(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C.
2702(b)(2)) is amended--
(1) in subparagraph (D) by striking ``or a political
subdivision thereof'' and inserting ``a political subdivision
of a State, or an Indian tribe''; and
(2) in subparagraph (F) by striking ``or a political
subdivision of a State'' and inserting ``a political
subdivision of a State, or an Indian tribe''.
SEC. 27. NATIONAL COMMISSION STUDY OF FEDERAL MANAGEMENT AND OVERSIGHT
OF OFFSHORE DRILLING.
(a) In General.--The National Commission on the BP Deepwater Horizon
Oil Spill and Offshore Drilling established by Executive Order No.
13543 dated May 21, 2010 (in this section referred to as the
``Commission''), shall develop recommendations for--
(1) improvements to Federal laws, regulations, and industry
practices applicable to offshore drilling that would--
(A) ensure the effective oversight, inspection,
monitoring, and response capabilities; and
(B) protect human health and safety, occupational
health and safety, and the environment and natural
resources; and
(2) organizational or other reforms of Federal agencies or
processes, including the creation of new agencies, as
necessary, to ensure that the improvements described in
paragraph (1) are implemented and maintained.
(b) Purposes.--In developing recommendations under subsection (a),
the Commission shall ensure that the following goals are met:
(1) Ensuring the safe operation and maintenance of offshore
drilling platforms or vessels.
(2) Protecting the health and safety of workers on offshore
drilling platforms or vessels.
(3) Protecting the overall environment and natural resources
surrounding ongoing and potential offshore drilling sites.
(4) Protecting the health and safety of workers that service
offshore drilling platforms or vessels.
(5) Developing and maintaining Federal agency expertise on
the safe and effective use of offshore drilling technologies,
including technologies to minimize the risk of release of oil
from offshore drilling platforms or vessels.
(6) Encouraging the development and implementation of
efficient and effective oil spill response techniques and
technologies that minimize or eliminate any adverse effects on
natural resources or the environment that result from response
activities.
(7) Protecting the health and safety of first responders
against releases of oil from offshore drilling platforms or
vessels.
(8) Ensuring that the Federal agencies regulating offshore
drilling are staffed with, and managed by, career
professionals, who are--
(A) permitted to exercise independent professional
judgments and make safety the highest priority in
carrying out their responsibilities;
(B) not subject to undue influence from regulated
interests or political appointees; and
(C) subject to strict regulation to prevent improper
relationships with regulated interests and to eliminate
real or perceived conflicts of interests.
(c) Report to Congress.--In coordination with the final public report
to the President, the Commission shall submit to Congress a report
containing the recommendations developed under subsection (a).
SEC. 28. FEDERAL ENFORCEMENT ACTIONS.
Section 309(g)(6)(A) of the Federal Water Pollution Control Act (33
U.S.C. 1319(g)(6)(A)) is amended by striking ``or section 311(b)''.
SEC. 29. TIME REQUIRED BEFORE ELECTING TO PROCEED WITH JUDICIAL CLAIM
OR AGAINST THE FUND.
Paragraph (2) of section 1013(c) of the Oil Pollution Act of 1990 (33
U.S.C. 2713(c)) is amended by striking ``90'' and inserting ``45''.
SEC. 30. REPORT ON FORMER COAST GUARD OFFICIALS EMPLOYED BY RECOGNIZED
ORGANIZATIONS OF FOREIGN FLAG ADMINISTRATIONS.
(a) Report Required.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Comptroller General
of the United States shall submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the employment during the preceding year of individuals who were Coast
Guard officials in the previous 5-year period, by recognized
organizations contracted to administer maritime programs for foreign
flag administrations.
(b) Objectives of Report.--At a minimum, the report required by this
section shall assess the extent to which former Coast Guard officials
who received compensation from recognized organizations were assigned
to work on matters over which the former Coast Guard officials had
oversight, inspection responsibility, or decision-making authority when
the officials served in or worked for the Coast Guard. The report shall
assess the extent to which former Coast Guard officials were provided
compensation by recognized organizations and the positions held by
former Coast Guard officials in the preceding calendar year.
(c) Confidentiality Requirement.--The report required by this
subsection shall not include the names of the former Coast Guard
officials who received compensation from recognized organizations.
(d) Access to Information.--The Comptroller General may seek
agreements with recognized organizations to obtain access to
information for the purpose of preparing reports required by this
section.
(e) Definitions.--In this section:
(1) Foreign flag administration.--The term ``foreign flag
administration'' means the maritime administration, maritime
agency, or similar governmental organization of a country other
than the United States that maintains a register of vessels and
performs some or all of the following statutory functions with
respect to maritime programs:
(A) Issues certificates of registry and manning
certificates.
(B) Conducts or contracts with recognized
organizations to conduct safety inspections.
(C) Issues radio station licenses.
(D) Certifies maritime officers and unlicensed seamen
and conducts inquiries into charges of incompetence or
misconduct.
(E) Regulates the construction, equipment, and
operation of vessels under its flag.
(F) Monitors vessels' compliance with international
and national standards for marine safety, pollution
prevention, and security.
(G) Investigates marine casualties.
(2) Recognized organization.--The term ``recognized
organization'' means an organization, such as a classification
society or a corporation, to which a foreign flag
administration has delegated some or all of its statutory
functions with respect to maritime programs.
(3) Coast guard official.--The term ``Coast Guard official''
includes former Coast Guard officers, enlisted personnel, or
civilian employees who had responsibilities for--
(A) issuing certificates of registry and manning
certificates;
(B) safety inspections;
(C) certification of maritime officers and unlicensed
seamen;
(D) conducting inquiries into charges of incompetence
or misconduct of maritime officers and unlicensed
seamen;
(E) regulation of the construction, equipment, and
operation of vessels;
(F) monitoring vessels' compliance with international
and national standards for marine safety, pollution
prevention, and security; or
(G) investigating marine casualties.
SEC. 31. AUTHORIZED LEVEL OF COAST GUARD PERSONNEL.
The Coast Guard is authorized an end-of-year strength for active duty
personnel of 47,300 for fiscal year 2011, of which at least 300
personnel shall be assigned to implement the activities of the Coast
Guard under this Act, including the amendments made by this Act.
SEC. 32. CLARIFICATION OF MEMORANDUMS OF UNDERSTANDING.
Not later than September 30, 2011, the President (acting through the
head of the appropriate Federal department or agency) shall implement
or revise, as appropriate, memorandums of understanding to clarify the
roles and jurisdictional responsibilities of the Environmental
Protection Agency, the Coast Guard, the Department of Transportation,
and other Federal agencies relating to the prevention of oil discharges
from tank vessels, nontank vessels, and facilities subject to the Oil
Pollution Act of 1990.
SEC. 33. STUDY OF HEALTH EFFECTS OF OIL SPILL.
(a) Study.--The Director of the Agency for Toxic Substances and
Disease Registry and the Director of the Centers for Disease Control
and Prevention shall jointly--
(1) conduct a comprehensive study of--
(A) the effects on human health of exposure to
petroleum and other substances released in the oil
spill or used or produced in response to the oil spill,
including chemicals used to disperse the oil;
(B) the effects on human health of secondary exposure
to such substances in an aerosolized form;
(C) whether such substances include or produce
airborne carcinogens, and the effects of any such
carcinogens; and
(D) the effects of exposure described in
subparagraphs (A) and (B) on a child of an individual
born after the individual has been subject to such
exposure; and
(2) beginning as soon as practicable after the date of
enactment of this Act, complete a baseline assessment to
determine the health status of individuals exposed as described
in subparagraph (A) or (B) of paragraph (1) in order to gather
data that may be compared with data gathered later under
paragraph (1) to determine any change in health status from
continued exposure.
(b) Public Health Assessment.--The Director of the Agency for Toxic
Substances and Disease Registry shall conduct a public health
assessment of persons who are thought to have an epidemiological link
to the substances described in subsection (a)(1)(A).
(c) Report.--The Directors shall submit to Congress a report on the
results of the study and baseline assessment under subsection (a) and
the assessment under subsection (b). The report shall be submitted not
later than two years after the date of enactment of this Act and shall
include the findings of the Directors on the matters covered by the
report. The Directors shall include in the report a list of diseases or
conditions that are found to exist within the populations specified in
subsection (a)(1) and their rate of occurrence compared to the general
population.
(d) Oil Spill Defined.--For purposes of this section, the term ``oil
spill'' means the oil spill resulting from the explosion and collapse
of the mobile offshore drilling unit DEEPWATER HORIZON.
SEC. 34. OFFSHORE ENERGY SECURITY.
(a) Offshore facilities constructed after the date of enactment of
this Act for operation in the United States Exclusive Economic Zone for
purposes of any form of energy production shall be built in the United
States.
(b) Foreign-built offshore facilities not operating in the United
States Exclusive Economic Zone for purposes of any form of energy
production on the date of enactment of this Act shall not operate in
the United States Exclusive Economic Zone for such purposes after the
date of enactment of this Act.
SEC. 35. OIL SPILL RESPONSE VESSEL DATABASE.
(a) Requirement.--Not later than 90 days after the date of enactment
of this Act, the Commandant of the Coast Guard shall complete an
inventory of all vessels operating in the waters of the United States
that are capable of meeting oil spill response needs designated in the
National Contingency Plan authorized by section 311(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(d)).
(b) Categorization.--The inventory required under subsection (a)
shall categorize such vessels by capabilities, type, function, and
location.
(c) Maintenance of Database.--The Commandant shall maintain a
database containing the results of the inventory required under
subsection (a) and update the information in the database on no less
than a quarterly basis.
(d) Availability.--The Commandant may make information regarding the
location and capabilities of oil spill response vessels available to a
Federal On-Scene Coordinator designated under section 311 of such Act
(33 U.S.C. 1321) to assist in the response to an oil spill or other
incident in the waters of the United States.
SEC. 36. OFFSHORE SENSING AND MONITORING SYSTEMS.
(a) Requirement.--Subtitle A of title IV of the Oil Pollution Act of
1990 is amended by adding at the end the following new section:
``SEC. 4119. OFFSHORE SENSING AND MONITORING SYSTEMS.
``(a) In General.--The equipment required to be available under
section 311(j)(5)(D)(iii) of the Federal Water Pollution Control Act
for facilities listed in section 311(j)(5)(C)(iii) of such Act and
located in more than 500 feet of water includes sensing and monitoring
systems that meet the requirements of this section.
``(b) Systems Requirements.--Sensing and monitoring systems required
under subsection (a) shall--
``(1) use an integrated, modular, expandable, multi-sensor,
open-architecture design and technology with interoperable
capability;
``(2) be capable of--
``(A) operating for at least 25 years;
``(B) real-time physical, biological, geological, and
environmental monitoring;
``(C) providing alerts in the event of anomalous
circumstances;
``(D) providing docking bases to accommodate spatial
sensors for remote inspection and monitoring; and
``(E) collecting chemical boundary condition data for
drift and flow modeling; and
``(3) include--
``(A) an uninterruptible power source;
``(B) a spatial sensor; and
``(C) secure Internet access to real-time physical,
biological, geological, and environmental monitoring
data gathered by the system sensors.''.
(b) Request for Information.--Within 60 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall issue a request for information to
determine the most capable and efficient domestic systems that meet the
requirements under section 4119 of the Oil Pollution Act of 1990, as
amended by this section.
(c) Implementing Regulations.--Within 180 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall issue regulations to implement section
4119 of the Oil Pollution Act of 1990 as amended by this section.
(d) Clerical Amendment.--The table of contents in section 2 of the
Oil Pollution Act of 1990 is amended by adding at the end of the items
relating to such subtitle the following new item:
``Sec. 4119. Offshore sensing and monitoring systems.''.
SEC. 37. VICE COMMANDANT; VICE ADMIRALS.
(a) Vice Commandant.--
(1) Section 41 of title 14, United States Code, is amended by
striking ``an admiral,'' and inserting ``admirals,''.
(2) The fourth sentence of section 47 of such title is
amended by striking ``vice admiral'' and inserting ``admiral''.
(b) Vice Admirals.--Section 50 of such title is amended to read as
follows:
``Sec. 50. Vice admirals
``(a)(1) The President may designate no more than 4 positions of
importance and responsibility that shall be held by officers who--
``(A) while so serving, shall have the grade of vice admiral,
with the pay and allowances of that grade; and
``(B) shall perform such duties as the Commandant may
prescribe.
``(2) The President may appoint, by and with the advice and consent
of the Senate, and reappoint, by and with the advice and consent of the
Senate, to any such position an officer of the Coast Guard who is
serving on active duty above the grade of captain. The Commandant shall
make recommendations for such appointments.
``(b)(1) The appointment and the grade of vice admiral shall be
effective on the date the officer assumes that duty and, except as
provided in paragraph (2) of this subsection or in section 51(d) of
this title, shall terminate on the date the officer is detached from
that duty.
``(2) An officer who is appointed to a position designated under
subsection (a) shall continue to hold the grade of vice admiral--
``(A) while under orders transferring the officer to another
position designated under subsection (a), beginning on the date
the officer is detached from that duty and terminating on the
date before the day the officer assumes the subsequent duty,
but not for more than 60 days;
``(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is discharged
from the hospital, but not for more than 180 days; and
``(C) while awaiting retirement, beginning on the date the
officer is detached from duty and ending on the day before the
officer's retirement, but not for more than 60 days.
``(c)(1) An appointment of an officer under subsection (a) does not
vacate the permanent grade held by the officer.
``(2) An officer serving in a grade above rear admiral who holds the
permanent grade of rear admiral (lower half) shall be considered for
promotion to the permanent grade of rear admiral as if the officer was
serving in the officer's permanent grade.
``(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of the
qualifications needed by an officer serving in that position or office
to carry out effectively the duties and responsibilities of that
position or office.''.
(c) Repeal.--Section 50a of such title is repealed.
(d) Conforming Amendments.--Section 51 of such title is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) An officer, other than the Commandant, who, while serving in
the grade of admiral or vice admiral, is retired for physical
disability shall be placed on the retired list with the highest grade
in which that officer served.
``(b) An officer, other than the Commandant, who is retired while
serving in the grade of admiral or vice admiral, or who, after serving
at least 2\1/2\ years in the grade of admiral or vice admiral, is
retired while serving in a lower grade, may in the discretion of the
President, be retired with the highest grade in which that officer
served.
``(c) An officer, other than the Commandant, who, after serving less
than 2\1/2\ years in the grade of admiral or vice admiral, is retired
while serving in a lower grade, shall be retired in his permanent
grade.''; and
(2) by striking ``Area Commander, or Chief of Staff'' in
subsection (d)(2) and inserting ``or Vice Admiral''.
(e) Continuity of Grade.--Section 52 of such title is amended by
inserting ``or admiral'' after ``vice admiral'' the first place it
appears.
(f) Continuation on Active Duty.--The second sentence of section
290(a) of such title is amended to read as follows: ``Officers, other
than the Commandant, serving for the time being or who have served in
the grade of vice admiral or admiral are not subject to consideration
for continuation under this subsection, and as to all other provisions
of this section shall be considered as having been continued at the
grade of rear admiral.''.
(g) Clerical Amendments.--
(1) The section caption for section 47 of such title is
amended to read as follows:
``Sec. 47. Vice Commandant; appointment''.
(2) The section caption for section 52 of such title is
amended to read as follows:
``Sec. 52. Vice admirals and admiral, continuity of grade''.
(3) The analysis for chapter 3 of such title is amended--
(A) by striking the item relating to section 47 and
inserting the following:
``47. Vice Commandant; appointment.'';
(B) by striking the item relating to section 50a;
(C) by striking the item relating to section 50 and
inserting the following:
``50. Vice admirals.''; and
(D) by striking the item relating to section 52 and
inserting the following:
``52. Vice admirals and admiral, continuity of grade.''.
(h) Technical Correction.--Section 47 of such title is further
amended by striking ``subsection'' in the fifth sentence and inserting
``section''.
(i) Treatment of Incumbents; Transition.--
(1) Notwithstanding any other provision of law, the officer
who, on the date of enactment of this Act, is serving as Vice
Commandant--
(A) shall continue to serve as Vice Commandant;
(B) shall have the grade of admiral with pay and
allowances of that grade; and
(C) shall not be required to be reappointed by reason
of the enactment of that Act.
(2) Notwithstanding any other provision of law, an officer
who, on the date of enactment of this Act, is serving as Chief
of Staff, Commander, Atlantic Area, or Commander, Pacific
Area--
(A) shall continue to have the grade of vice admiral
with pay and allowance of that grade until such time
that the officer is relieved of his duties and
appointed and confirmed to another position as a vice
admiral or admiral; or
(B) for the purposes of transition, may continue at
the grade of vice admiral with pay and allowance of
that grade, for not more than 1 year after the date of
enactment of this Act, to perform the duties of the
officer's former position and any other such duties
that the Commandant prescribes.
SEC. 38. OIL AND GAS EXPLORATION AND PRODUCTION.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended--
(1) by striking paragraph (24); and
(2) by redesignating paragraph (25) as paragraph (24).
SEC. 39. AUTHORIZATION OF APPROPRIATIONS.
(a) Coast Guard.--In addition to amounts made available pursuant to
section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)(A)), there is authorized to be appropriated to the Secretary
of the department in which the Coast Guard is operating from the Oil
Spill Liability Trust Fund established by section 9509 of the Internal
Revenue Code of 1986 (26 U.S.C. 9509) the following:
(1) For fiscal year 2011, $15,000,000.
(2) For each of fiscal years 2012 through 2015, $16,000,000.
(b) Environmental Protection Agency.--There is authorized to be
appropriated to the Administrator of the Environmental Protection
Agency from the Oil Spill Liability Trust Fund to implement this Act
and the amendments made by this Act $10,000,000 for each of fiscal
years 2011 through 2015.
(c) Department of Transportation.--There is authorized to be
appropriated to the Secretary of Transportation from the Oil Spill
Liability Trust Fund to carry out the purposes of this Act and the
amendments made by this Act the following:
(1) For each of fiscal years 2011 through 2013, $7,000,000.
(2) For each of fiscal years 2014 and 2015, $6,000,000.
Purpose of the Legislation
H.R. 5629, as amended, the ``Oil Spill Accountability and
Environmental Protection Act of 2010'' (Act), amends the Oil
Pollution Act of 1990 (OPA), the Federal Water Pollution
Control Act (Clean Water Act), the Death on the High Seas Act,
the Jones Act, and various sections of titles 14, 46, and 49 of
the United States Code to ensure full recovery from responsible
parties of damages for physical and economic injuries, adverse
effects on the environment, and clean up of oil spill
pollution, to improve the safety of vessels and pipelines
supporting offshore oil drilling, to ensure that there are
adequate response plans to prevent environmental damage from
oil spills, and for other purposes.
Background and Need for Legislation
The Deepwater Horizon is a mobile offshore drilling unit
(MODU); it is owned by Transocean Ltd. Due to causes and under
circumstances currently under investigation, the Deepwater
Horizon suffered an explosion on April 20, 2010, resulting from
a blowout in the well it was drilling at the Macondo
exploration site in an area of the Gulf of Mexico known as the
Mississippi Canyon Block 252 (MC 252). At the time of the
explosion, the Deepwater Horizon was leased by BP p.l.c. (BP),
which owns a majority stake in the MC 252 site and had
contracted the rig to drill a prospect well. Following the
explosion, the MODU sank on April 22. Eleven individuals who
had been working on the Deepwater Horizon were killed in this
accident. Since the explosion, oil has been spilling from the
well into the Gulf of Mexico. U.S. Government and independent
scientists estimate that the most likely flow rate of oil is
between 35,000 and 60,000 barrels per day. In response to the
Deepwater Horizon disaster, BP has made numerous attempts to
stop or contain the flow of oil into the Gulf. The Deepwater
Horizon disaster has demonstrated that the current limits of
liability are insufficient to address a potential worst-case
scenario on the release of oil for offshore facilities, has
called into question the current limits of liability for other
vessels, and has highlighted the need to strengthen response
efforts and environmental protections associated with oil
spills.
Summary of the Legislation
Section 1. Short title; table of contents
This section designates the title of the bill as the ``Oil
Spill Accountability and Environmental Protection Act of
2010'', and provides a table of contents.
Sec. 2. Repeal of and adjustment to limitations on liability
This section amends section 1004 of OPA to remove the
existing statutory limitation on liability for damages of a
responsible party for an offshore facility, and directs the
President to review, and revise as necessary, other limitations
on liability provided in section 1004(a).
Subsection (a)(1)(A) and (C) make technical changes to
section 1004(a)(2) and redesignate paragraphs.
Subsection (a)(1)(B) strikes existing section 1004(a)(3) of
OPA, which established a limitation on liability for damages of
a responsible party for an offshore facility of the total of
all removal costs (as described in section 1002(b)(1)) plus $75
million for damages (as described in section 1002(b)(2)). As a
result, under the bill, any responsible party for an offshore
facility is liable for all removal costs plus all damages
related to a discharge, or a substantial threat of discharge,
of oil.
Subsection (a)(2) deletes the second sentence of existing
section 1004(b)(2), which is rendered moot by the deletion of
section 1004(a)(3) of OPA.
Subsection (a)(3) replaces existing section 1004(d)(4) of
OPA. Existing section 1004(d)(4) requires the President to
periodically revise the current limits on liability for
vessels, offshore facilities (including deepwater ports), and
onshore facilities based on significant increases in the
Consumer Price Index. Subsection (a)(3) amends section
1004(d)(4) to direct the President, at least once every three
years, to review limits on liability for vessels, deepwater
ports, and onshore facilities, and by regulation revise such
limits upward to reflect either the amount of liability that
the President determines is commensurate with the risk of
discharge of oil presented by a particular category of vessel,
or any increase in the Consumer Price Index, whichever is
greater.
Subsection (b) provides that any repeals and amendments
made by this section shall apply to all claims arising from
events or activities occurring, on or after April 19, 2010,
including any claims pending on or before the date of enactment
of the Act.
Sec. 3. Evidence of financial responsibility for offshore facilities
This section amends section 1016 of OPA to increase the
minimum amount of evidence of financial responsibility that a
responsible party for an offshore facility must demonstrate to
comply with OPA.
Subsection (a)(1) amends existing subsection (c)(1)(B) to
remove the current, two-tiered system for establishing the
minimum amount of evidence of financial responsibility for an
offshore facility based on the location of the facility, and to
establish the minimum amount of evidence of financial
responsibility for an offshore facility of $1.5 billion.
Subsection (a)(2) replaces existing subsection (c)(1)(C) of
OPA. Existing subsection (c)(1)(C) provides the President with
discretionary authority to increase the amount of evidence of
financial responsibility for a responsible party of an offshore
facility based on a series of factors, not to exceed $150
million. Subsection (a)(2) amends subsection (c)(1)(C) to
provide the President with similar discretionary authority to
increase the amount of evidence of financial responsibility for
a responsible party of an individual offshore facility, based
on the relative operational, environmental, human health, and
other risks posed by the quantity, quality, or location of oil
that is explored for, drilled for, produced, or transported by
the responsible party. Under new subsection (c)(1)(C)(i), there
is no statutory limit to the amount of evidence of financial
responsibility that the President may require, on a case-by-
case basis, for a responsible party of an individual offshore
facility, provided that such amount is justified based on the
factors identified in clause (i).
Subsection (a)(2) also directs the President, at least once
every three years, to review the level of financial
responsibility established in subsection (c)(1)(B) (initially
set at $1.5 billion) and by regulation revise such level
upwards to a level that the President determines is justified
based on the relative operational, environmental, human health,
and other risks posed by the quantity, quality, or location of
the oil that is explored for, drilled for, produced, or
transported by the responsible party. This subsection requires
the President, upon completion of such review, to notify
Congress as to whether the President will revise the levels of
financial responsibility and the factors for making such
determination. This report shall be submitted to the Committee
on Transportation and Infrastructure of the House of
Representatives and to the Committee on Environment and Public
Works of the Senate.
Subsection (a)(3) strikes a definition for the seaward
boundary of a State that is rendered moot by the amendments to
subsection (c)(1)(B) of OPA.
Subsection (b)(1) provides that any amendments made by this
section shall take effect on the date of enactment of the Act
and shall apply to any lease for exploration, development, or
production of minerals (including oil), as defined by the Outer
Continental Shelf Lands Act, that the Secretary of the Interior
awards after the date of enactment of the Act.
Subsection (b)(2) requires the President, within six months
of the date of enactment of the Act, to require any person who
holds an existing lease for exploration, development, or
production of minerals (including oil), as defined by the Outer
Continental Shelf Lands Act, located in the navigable waters,
adjoining shoreline, or the Exclusive Economic Zone (EEZ) of
the United States to provide such additional evidence of
financial responsibility, as necessary, to meet the levels of
financial responsibility required by OPA, as amended by the
Act.
Sec. 4. Damages to human health
Subsection (a) amends section 1002(b)(2) of OPA to
authorize an individual to seek compensation from a responsible
party under the Act for damages to human health resulting from
a discharge (or substantial threat of discharge) of oil. This
subsection authorizes a claimant to seek damages from a
responsible party for demonstrable, adverse impacts to human
health, including fatal injuries and mental health impacts,
resulting from the discharge or threatened discharge of oil.
Subsection (b) provides that any amendments made by
subsection (a) shall apply to all claims arising from events or
activities occurring on or after April 19, 2010, including any
claims pending on or before the date of enactment of the Act.
Sec. 5. Clarification of liability for discharges from mobile offshore
drilling units
Subsection (a) amends section 1004(b)(2) of OPA to clarify
that MODUs are liable for a discharge (or substantial threat of
discharge) of oil into or upon the navigable waters or
adjoining shoreline or the EEZ. The Committee notes that
section 1002(a) of OPA explicitly states that a responsible
party for a vessel or facility (including an offshore facility)
from which oil is discharged, or that poses the substantial
threat of a discharge of oil, into or upon the navigable waters
or adjoining shoreline or the EEZ is liable for the removal
cost and damages that result from such incident.
The Committee received comments expressing concern that
section 1004(b)(2) of OPA could be misinterpreted as limiting
the liability for MODUs to only those discharges (or
substantial threat of discharges) ``on or above the surface of
the water.'' The Committee believes that such an interpretation
is inconsistent with the explicit language on liability
contained in section 1002(a) of OPA. Accordingly, the
amendments made by this section are intended to clarify that a
responsible party for a MODU is liable for all discharges from
such unit, consistent with section 1002(a) of OPA.
Subsection (b) provides that any amendments made by
subsection (a) shall apply to all claims arising from events or
activities occurring on or after April 19, 2010, including any
claims pending on or before the date of enactment of the Act.
Sec. 6. Standard of review for damage assessment
This section amends section 1006(e)(2) of OPA regarding the
standard of judicial review for any determination or assessment
of damages to natural resources pursuant to OPA. Existing
section 1006(e)(2) of OPA provides that any determination of
assessment of damages by a Federal, State, or Indian trustee
shall have the force and effect of a rebuttable presumption on
behalf of the trustee in any administrative or judicial
proceeding under OPA. This section amends existing section
1006(e)(2) to ensure that the standard of judicial review for
such an assessment of damages is consistent with that
established in the Administrative Procedures Act (APA), which
is the general standard of review for final agency actions.
Sec. 7. Information on claims
Subsection (a) amends Title I of OPA by adding a new
section 1013A that authorizes the President, in the event of a
spill of national significance, to require a responsible party
or guarantor to provide information on or related to claims,
either individually, in the aggregate, or both, that the
President requests.
Subsection (b) makes a conforming amendment to the table of
contents of OPA.
Subsection (c) provides that any amendments made by this
section shall apply to all claims arising from events or
activities occurring on or after April 19, 2010, including any
claims pending on or before the date of enactment of the Act.
Sec. 8. Limitation of Liability Act
This section repeals the Limitation of Liability Act of
1851, which limits the liability of a ship owner to the value
of the vessel and freight.
Subsection (a)(1) repeals 46 U.S.C. Sec. Sec. 30505, 30506,
30507, 30511, and 30512.
Subsection (a)(2) re-designates sections 30508 through
30510 as sections 30505 through 30507, respectively.
Subsection (b) amends section 1018(a) and (c) of OPA and 46
U.S.C. Sec. 14305(a) to remove references to the Limitation of
Liability Act of 1851.
Subsection (c) provides that any repeals and amendments
made by this section shall apply to all claims arising from
events or activities occurring on or after April 19, 2010,
including any claims pending on or before the date of enactment
of the Act.
Sec. 9. Death on the High Seas Act
This section expands the damages recoverable under the
Death on the High Seas Act (46 U.S.C. chapter 303). The Death
on the High Seas Act applies when the death of an individual is
caused by a wrongful act, neglect, or default occurring on the
high seas.
Subsection (a) amends 46 U.S.C. Sec. Sec. 30302 and 30303
to allow the recovery of pecuniary losses and nonpecuniary
losses authorized under general maritime law, including the
loss of care, comfort, and companionship, plus fair
compensation for the decedent's pain and suffering.
Subsection (b) provides that the amendments made by this
section shall apply to all claims arising from events or
activities occurring on or after April 19, 2010, including any
claims pending on or before the date of enactment of the Act.
Sec. 10. Jones Act
This section expands the damages recoverable under 46
U.S.C. Sec. 30104 (commonly called the Jones Act) regarding the
personal injury to or death of seamen.
Subsection (a) amends section 30104 to allow the recovery
of nonpecuniary losses that are authorized under general
maritime law, including the loss of care, comfort, and
companionship.
Subsection (b) provides that the amendments made by this
section shall apply to all claims arising from events or
activities occurring on or after April 19, 2010, including any
claims pending on or before the date of enactment of the Act.
Sec. 11. Americanization of offshore operations in the exclusive
economic zone
This section amends 46 U.S.C. Sec. 12111 to require vessels
engaged in support of exploration, development, or production
of resources in, on, above, or below the EEZ or any other
activity in the EEZ (as defined in section 46 U.S.C. Sec. 107)
be U.S.-flag vessels owned by U.S. citizens. This section
ensures that these vessels are subject to U.S. safety
regulations, employ U.S. citizens on board the vessel, and that
U.S. taxes are paid on the operations of the vessel and by the
personnel engaged on the vessel.
Subsection (a)(2) states that this section applies only
with respect to exploration, development, production, and
support activities that commence on or after July 1, 2011.
Subsection (b) extends the application of this title to the
EEZ to the extent that regulation of such operation is not
prohibited under customary international law.
Subsection (c) requires the Secretary of the department in
which the U.S. Coast Guard is operating (e.g., Secretary of
Homeland Security), not later than 180 days after the date of
enactment of this Act, to establish a program to provide Coast
Guard personnel with the training necessary to implement this
section.
Sec. 12. Safety management systems for mobile offshore drilling units
This section amends 46 U.S.C. Sec. 3203 to require the
safety management plan for a MODU operating in waters subject
to the jurisdiction of the United States to include processes,
procedures, and policies related to the safe operation and
maintenance of the machinery and systems on board the unit that
are used for the industrial business and functions of the unit,
including drilling operations.
Sec. 13. Safety standards for mobile offshore drilling units
This section requires the Secretary of Homeland Security,
in prescribing regulations for MODUs, to develop standards to
address a worst-case event involving a discharge of gas or oil.
Sec. 14. Coast Guard marine safety workforce
This section amends 14 U.S.C. chapter 5 by requiring the
Secretary of Homeland Security to designate a sufficient number
of Coast Guard positions--including marine inspectors, marine
casualty investigators, and marine safety engineers--to be in
the service's marine safety workforce and to ensure that a
sufficient number of fully-qualified officers, members, and
civilian employees are assigned to these positions.
This section also requires the Secretary of Homeland
Security to ensure that appropriate career paths are available
for officers, members, and civilian employees of the Coast
Guard who want to pursue careers in marine safety and specifies
training, experience, and qualification requirements for marine
inspectors, marine casualty investigators, and marine safety
engineers, as well as for those marine inspectors assigned to
inspect MODUs.
Further, this section requires that those personnel
assigned as marine inspectors, marine casualty investigators,
and marine safety engineers shall serve a minimum one-year
apprenticeship under a qualified marine inspector, marine
casualty investigator, or marine safety engineer unless the
Commandant authorizes a shorter apprenticeship period for
certain qualifications. Those personnel serving as marine
inspectors or marine casualty investigators responsible for
inspecting highly specialized vessels--including MODUs, tank
vessels, and vessels carrying certain dangerous cargoes--are
required to serve a minimum of a six-month apprenticeship with
those vessels.
Subsection (c) requires the Secretary to review and report
to Congress on the needs of maritime safety and security teams
participating in patrols and setup of safety zones for, and
management of, the discharge of oil that began in 2010 in
connection with the explosion on, and sinking of, the MODU
Deepwater Horizon. This subsection also authorizes
appropriations to remain available until expended sums that are
necessary to support the response of the Coast Guard and any
Coast Guard maritime safety and security team in such patrols,
setup of safety zones, and management.
Sec. 15. Operational control of mobile offshore drilling units
Current law requires that U.S.-flag vessels are under the
command of a U.S. citizen that is operating under the authority
of a license issued by the Coast Guard. This section adds
additional requirements for an individual to obtain a license
as master of a MODU. This section requires that the individual
demonstrate the knowledge, understanding, proficiency, and sea
service required to be responsible for all industrial business
or functions of a MODU, including all drilling operations of
that type of unit for which the applicant is to be licensed.
These requirements are intended to ensure that a single person
is responsible for ensuring the safe operation of a MODU at all
times by exercising sole oversight over all activities
conducted by a MODU. The amendments made by this section shall
take effect six months after the date of enactment of this Act.
Sec. 16. Leave retention authority
This section adds 14 U.S.C. Sec. 426 to provide that any
Coast Guard personnel who work in support of a major disaster
or emergency, as declared by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, or in
support of the response to a spill of national significance, as
declared by the Commandant, can retain up to 90 days of accrued
leave at the end of the fiscal year.
Sec. 17. Single-hull tankers
This section prohibits single-hull tankers from offloading
at the Louisiana Offshore Oil Platform (LOOP) or U.S.
lightering areas beginning on January 1, 2011, instead of the
current law deadline of January 1, 2015.
Sec. 18. Repeal of response plan waiver
This section amends section 311(j)(5)(G) of the Clean Water
Act to prohibit an onshore facility, offshore facility, or tank
vessel from operating without an approved plan for responding
to a worst-case discharge, and to a substantial threat of such
a discharge, of oil or a hazardous substance. Section 18(3)
specifically prohibits a MODU, as defined in section 1001 of
OPA, from operating without a response plan approved under
section 311 of the Clean Water Act.
Sec. 19. National Contingency Plan
This section amends section 311(d) of the Clean Water Act
to require: (1) the President to develop guidelines for the use
of oil spill containment booms; (2) the Administrator of the
Environmental Protection Agency (EPA) to update the regulations
for use of chemical dispersants; and (3) the President to
develop criteria, as part of the National Contingency Plan, for
ceasing and removing a worst-case discharge of oil or hazardous
substances, or for mitigating and preventing a substantial
threat of such a discharge.
Subsection (a) amends section 311(d)(2) of the Clean Water
Act to require that the National Contingency Plan for the
removal of oil and hazardous substances include guidelines for
the use of containment booms to contain a discharge of oil or a
hazardous substance, including identification of quantities of
containment booms likely to be needed, available sources of
containment booms, and best practices for containment boom
placement, monitoring, and maintenance.
Subsection (b) amends section 311(d) of the Clean Water Act
by adding a new paragraph (5) related to the use of
dispersants, other chemicals, and other spill mitigating
devices and substances to respond to the discharge or
substantial threat of discharge of oil or a hazardous
substance.
New subsection (d)(5)(A) requires the President, acting
through the Administrator of EPA, and within 15 months of the
date of enactment of the Act, to issue a revised regulation for
the development of the schedule for the use of dispersants,
other chemicals, and other spill mitigating devices and
substances, consistent with the requirements of new paragraph
(5).
New subsection (d)(5)(B) establishes minimum criteria for
the regulation required under subparagraph (A). For
dispersants, other chemicals, and other spill mitigating
substances included or proposed for inclusion on the schedule
under section 311(d)(2)(G), the Administrator is required to:
(1) establish minimum toxicity and efficacy criteria, taking
into account the results of the EPA-led study carried out under
new subsection (d)(5)(C); (2) provide for independent testing
or other verification of information provided by an applicant
seeking inclusion of such dispersant, chemical, or substance on
the schedule related to the toxicity or effectiveness of the
product; (3) establish a framework for the use of any
dispersant, chemical, or substance, including potential
restrictions on the quantity, location, or method of use of the
product, the quantity thresholds where additional consultation
(on risk and potential impacts) with and approval (of specific
quantities of product use) by the Regional Response Team and
the Federal On-Scene Coordinator is required (over the baseline
approval required new subsection 311(d)(5)(E)), criteria for
developing the appropriate maximum quantity of a product that
may be used, and a ranking of various products based on
effectiveness and toxicity; (4) establish a requirement that
the volume of oil or hazardous substances discharged, and the
volume and location of any use of dispersant, chemical, or
other substance, be measured and made publicly available; (5)
notwithstanding any other provision of law, to require the
public disclosure of the specific chemical identity, including
the chemical and common name of any ingredients contained in,
and specific chemical formulas or mixtures of, any dispersant,
chemical, or substance; and (6) provide a mechanism for
delisting any dispersant, chemical, or substance because it
poses a significant risk to or impact on human health or the
environment.
With respect to the requirements of new subsection
(d)(5)(B)(i)(II), the Committee received information
questioning the accuracy of toxicity and effectiveness data
submitted to EPA in relation to the listing of a dispersant,
chemical, or other substance on the National Contingency Plan
Product Schedule. The Committee also received testimony that
called into question whether dispersants, chemicals, or other
substances are sufficiently tested, and their potential impacts
evaluated, before they are used in response to a release of oil
or hazardous substance. The Committee intends the provisions of
new subsection (d)(5)(B)(i)(II) to require the Administrator,
prior to the listing (or extension of listing) of any
dispersant, chemical, or other substance, to verify the
accuracy of toxicity, effectiveness, and other data received
from a manufacturer, including, where applicable, the
independent testing of the dispersant, chemical, or other
substance to verify such data.
For a dispersant, chemical, or substance not specifically
identified on the schedule, and prior to the use of such
products in accordance with section 311(d)(2)(G), the
Administrator is required to establish: (1) the minimum
toxicity and efficacy criteria for such dispersant, chemical,
or substance; (2) the information, including the specific
chemical identity, formula, and mixtures, on such dispersant,
chemical, or substance that shall be made publicly available;
and (3) such additional information as the Administrator
determines necessary. The Committee intends to harmonize the
minimum toxicity and effectiveness criteria and public
disclosure requirements for dispersants, chemicals, and other
substances, regardless of whether they are listed on the
schedule or not specifically identified on the schedule. The
Committee intends that neither the Federal On-Scene Coordinator
nor the Administrator will approve the use of any dispersant,
chemical, or other substance under this section that does not
meet the minimum requirements for toxicity, effectiveness, and
public disclosure established by clauses (i) and (ii).
For other spill mitigating devices included or proposed to
be included on the schedule under section 311(d)(2)(G), the
Administrator shall require the manufacturer of such device to
carry out a study of the risks and effectiveness of the device,
and provide a mechanism for delisting any such device because
it poses a significant risk to or impact on human health or the
environment.
New subsection (d)(5)(C) requires the Administrator, within
three months of the date of enactment of the Act, to initiate a
study on the potential risks and impacts to human health and
the environment, including acute and chronic risks, from the
use of dispersants, chemicals, and other mitigating substances,
in any, that may be used to carry out the National Contingency
Plan. In carrying out this study, the Administrator shall
assess the potential risks and impacts: (1) on a representative
sample of biota and types of oil from locations where such
products may be used; (2) on human health, including
individuals most likely to come into contact with such
products, such as oil spill response action workers; and (3)
that result from any byproducts created from the use of such
products, including chemically-dispersed oil and weathered
dispersants, chemicals, and other substances. In carrying out
the study, the Administrator shall determine what information
may be required from manufacturers of dispersants, chemicals,
or other substances to evaluate the potential risks and impacts
to human health and the environment. New subsection
(d)(5)(C)(ii)(I) provides that any manufacturer who is required
to provide information to the Administrator must comply as a
condition of listing on the schedule. The Committee intends
that failure to provide such information be a factor to be
considered in determining whether the use of a dispersant,
chemical, or other mitigating substance should be approved by
the Federal On-Scene Coordinator under new subsection
(d)(5)(E).
New subsection (d)(5)(D) requires the Administrator, not
later than five years after the date of enactment of the Act,
and at least once every five years thereafter, to review the
schedule for the use of dispersants, chemicals, and other spill
mitigating devices and substances that may be used to carry out
the National Contingency Plan, and update or revise the
schedule, as necessary, to ensure the protection of human
health and the environment. Subparagraph (D) also directs the
Administrator to ensure, to the maximum extent practicable,
that each update or revision to the schedule increases the
minimum effectiveness value necessary for listing a dispersant,
other chemical, or other spill mitigating device or substance
on the schedule. The Committee understands that, pursuant to 40
C.F.R. Sec. 300.915, the current minimum effectiveness for a
dispersant on the National Contingency Plan product schedule is
45 percent. The Committee is concerned that, without a gradual
increase in the minimum effectiveness, there may be little
incentive to develop more effective (and potentially less
toxic) dispersants for use in relation to the release of oil or
hazardous substances. The Committee believes that the mandatory
five-year review period and the gradual increase in the minimum
effectiveness value will spur the development of the next
generation of dispersants, chemicals, and other spill
mitigating devices and substances to be used in the event of a
discharge of oil or a hazardous substance.
New subsection (d)(5)(E) directs the Administrator, in
issuing regulations under subsection (d)(5)(A), to require the
approval of the Federal On-Scene Coordinator, in coordination
with the Administrator, for all uses of a dispersant, other
chemical, or other spill mitigating substance in any removal
action, including any product listed on the schedule developed
pursuant to such regulation, and any product included as part
of an approved area contingency plan or response plan developed
under section 311.
New subsection (d)(6) requires the President, within six
months of the date of enactment of the Act, to review the
procedures and standards developed under the National
Contingency Plan (section 311(d)(2)(J)) for removing a worst-
case discharge of oil or hazardous substances and for
mitigating or preventing a substantial threat of such a
discharge, to determine their sufficiency in ceasing and
removing a worst-case discharge, and for mitigating or
preventing a substantial threat of such a discharge. Not later
than one year after the date of enactment of the Act, the
President is required to undertake a rulemaking to revise such
procedures and standards, consistent with the findings of the
review, and develop a metric for evaluating the National
Contingency Plan, Area Contingency Plans, and tank vessel,
nontank vessel, and facility response plans consistent with the
revised procedures and standards. The Committee received
testimony during its hearings on the Deepwater Horizon spill
that called into question the adequacy of the contingency and
response plans for addressing a worst-case discharge of oil
from the facility. The Committee intends the amendments to the
National Contingency Plan to require the President to re-
evaluate the overall effectiveness and sufficiency of
contingency and response plans to address a worst-case
discharge of oil from a site similar to that experienced by the
Deepwater Horizon spill, and to develop a metric for review of
future response plans to ensure their effectiveness and
sufficiency in addressing future discharges (or substantial
threats of discharge) of oil or hazardous substances.
Subsection (c) amends section 311(j)(4)(C)(iv) to require
Area Contingency Plans to identify, among the list of equipment
available to the owner or operator of a vessel or facility and
Federal, State, and local agencies, the amount of oil spill
containment boom that is available.
Sec. 20. Tracking database
This section amends section 311(b) of the Clean Water Act
to require the President to create a comprehensive national
database to track all discharges of oil or hazardous
substances: (1) released into the waters of the United States,
adjoining shoreline, or into or upon the waters of the
contiguous zone; (2) released in connection with activities
under the Outer Continental Shelf Lands Act or Deepwater Port
Act of 1974; or (3) that may affect natural resources belonging
to, appertaining to, or under the exclusive management
authority of the United States (including resources under the
Fishery Conservation and Management Act of 1976). New
subsection 311(b)(13)(B) includes specific data that must be
included as part of the national discharge database, directs
the President to utilize data provided by each of the Federal
agencies with regulatory authority over oil exploration,
production, transportation, and storage, and requires that the
database be publicly accessible.
Sec. 21. Safety of transportation-related offshore platforms
This section adds 49 U.S.C. Sec. 60138 to require the
Secretary of Transportation to conduct an analysis of the
adequacy of existing regulations and standards for the safety
of transportation-related offshore platforms and the impact of
the integrity of such platforms on pipeline safety. Not later
than two years after the date of enactment of this Act, the
Secretary of Transportation shall submit a report on the
results of such analysis to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate. The report shall include any recommendations that the
Secretary of Transportation may have for addressing the safety
or integrity of transportation-related offshore platforms,
including any recommendations for legislative or regulatory
action.
Sec. 22. Evaluation and approval of response plans; maximum penalties
This section amends section 311 of the Clean Water Act to
clarify and strengthen Federal oversight of oil spill response
plans, and to update the level of administrative and civil
penalties for failure to develop or implement an oil spill
response plan.
Subsection (a)(1) amends subsection (j)(5)(A) to clarify
the respective roles of Federal agencies with respect to review
and approval of oil spill response plans.
New subsection (j)(5)(A)(iii)(I) clarifies that, with
respect to a response plan for a tank vessel, nontank vessel,
or offshore facility, the lead Federal agency is the Secretary
of Homeland Security or the Administrator. Subclause (I)
preserves EPA's existing authority with respect to an offshore
facility located landward of the coast line (e.g., on inland
lakes, rivers, streams, bays, and any other inland waters), as
described in the 1993 Memorandum of Understanding (40 C.F.R.
Sec. 112, Appendix B); preserves the Coast Guard's existing
authority with respect to vessels; and provides additional
authority to the Coast Guard with respect to other offshore
facilities. Subclause (I) requires the Secretary of Homeland
Security to concur with any response plan for an offshore
facility not subject to the authority of the Administrator. The
Committee believes that the events of the Deepwater Horizon
spill highlighted a concern with joint oversight and review by
the Coast Guard and the Minerals Management Service (MMS) of
the Department of Interior over certain offshore facilities,
such as MODUs. Because of a MODU's unique status as a vessel
and an offshore facility, under current law, oversight of a
MODU response plan was bifurcated between the Coast Guard (with
respect to the vessel) and the MMS (with respect to the
drilling unit and wellhead). The Coast Guard is the Federal On
Scene Coordinator for an offshore oil spill. Therefore, the
Committee believes that the Coast Guard should review and
concur in any response plan that it will be responsible for
implementing. Subclause (I) directs the Secretary of Homeland
Security to provide the final review of both the vessel
response plan, and the drilling unit/wellhead response plan, to
ensure that the latter does not adversely impact the safety of
the vessel.
New subsection (j)(5)(A)(iii)(II) preserves the existing
authority of the Administrator and the Secretary of
Transportation with respect to an onshore facility, as
described in the Memorandum of Understanding between the
Secretary of Transportation and the Administrator (40 C.F.R.
Sec. 112, Appendix A).
New subsection (j)(5)(A)(iv) requires the Secretary of
Homeland Security or the Administrator, as appropriate, to
require that a response plan for a vessel or facility submitted
for review contain a probabilistic risk analysis for all
critically engineered systems of the vessel or facility, and
adequately address all risks identified in the risk analysis.
The Secretary or Administrator shall require an owner,
operator, or person that develops such analysis to make the
risk analysis available to the public.
Subsection (a)(2) replaces existing subsection (j)(5)(E) to
strengthen Federal oversight and approval or disapproval of any
oil spill response plan. Subsection (j)(5)(E) requires the
appropriate Federal department or agency (i.e., Department of
Homeland Security, EPA, Department of Transportation (DOT),
MMS) to establish a more transparent and rigorous oil spill
response plan review and approval process. This subparagraph
requires the President to provide an opportunity for public
notice and comment on an oil spill response plan for an
offshore or onshore facility or tank vessel that carries
liquefied natural gas (LNG) and, acting through the appropriate
Federal department or agency, make the response plan available
to the public, including on the Internet.
In addition, subsection (j)(5)(E) includes specific
authority for the President to approve, approve with revisions,
or disapprove the response plan. The Committee expects the
appropriate Federal department or agency to assess the adequacy
of a submitted response plan to prevent and address a potential
discharge of oil or hazardous substances, including a potential
worst-case discharge of oil, such as that experienced in the
Deepwater Horizon spill. The Committee also expects that the
appropriate Federal department or agency will either disapprove
or approve with revisions any oil spill response plan that such
department or agency believes is inadequate.
Subparagraph (E) also requires the appropriate Federal
department or agency to conduct, at a minimum, biennial
inspections of the vessel or facility to ensure compliance with
the response plan or identify deficiencies in the plan. The
Committee intends that Federal agency personnel will conduct
the biennial inspections required by this provision in-person;
the practice of self-certification by the owner, operator, or
other person in charge of the vessel or facility, even with
Federal agency review, will not achieve compliance with this
statutory requirement.
Finally, subparagraph (E) provides authority for the head
of the appropriate Federal department or agency to issue
administrative orders directing the owner, operator, or person
in charge of a vessel or facility to comply with an approved
response plan or any regulation issued under section 311, and
to assess civil penalties or conduct other appropriate
enforcement actions, including issuance of administrative and
civil penalties, for failure to develop, submit, receive
approval of, adhere to, or maintain the capability to implement
the response plan, or failure to comply with any other
requirement of section 311.
Subsection (a)(3) amends subsection (j)(5) to add new
subparagraph (J) that requires the President, acting through
the Secretary of Homeland Security, the Secretary of
Transportation, and Administrator to submit a biennial report
to Congress on the process of review, approval, approval with
revisions, disapproval, inspection, and enforcement of oil
spill response plans.
Subsection (a)(4) amends subsection (m)(2) to clarify that
the Secretary of Transportation has authority to conduct
oversight and inspect a transportation-related facility.
Subsection (b)(1)(A) amends subsection (b)(6)(A) to clarify
that the Secretary of Transportation has authority to assess
administrative penalties against an owner, operator, or person
in charge of a transportation-related facility.
Subsection (b)(1)(B) amends subsection (b)(6)(A) to: (1)
provide the appropriate Federal department or agency with
authority to issue administrative penalties for any person who
fails to provide notice to such agency of a discharge of oil or
hazardous substance in violation of section 311(b)(3); (2)
clarify that the appropriate Federal agencies can assess
administrative penalties for failure to comply with any order
or action required by the President under subsections 311(c)
(Federal Removal Authority) or (e) (Orders Protecting Public
Health), or any regulation issued under subsection 311(j)
(National Response System); and (3) clarify the respective
roles of the appropriate Federal agencies.
Subsection (b)(1)(C) amends various provisions of
subsection (b)(6)(B) to increase the maximum amount of
administrative penalties.
Subsection (b)(2)(A) amends various provisions of
subsection (b)(7) to increase the maximum amount of civil
penalties.
Subsection (b)(2)(B) amends subsection (b)(7)(B) to: (1)
clarify that a civil penalty may be assessed for both a
discharge of oil or hazardous substance or the substantial
threat of discharge of oil or a hazardous substance; (2) to
clarify that a civil penalty may be assessed for violation of
any action required by the President under subsection 311(c)
(Federal Removal Authority) or any order under subsection
311(e) (Orders Protecting Public Health); and (3) provide the
appropriate Federal agency with authority to assess a civil
penalty against any person who fails to provide notice to such
agency of a discharge of oil or hazardous substance in
violation of section 311(b)(3).
Subsection (b)(2)(C) amends subsection (b)(7)(C), (D), and
(E) to: (1) clarify that the appropriate Federal agency has the
authority to order injunctive relief for violations of
regulations issued under section 311(j) (National Response
System) or to refer such matters to the Attorney General; (2)
clarify that a Federal district court may award appropriate
relief, including injunctive relief, civil penalties,
compliance and punitive damages for a violation of section 311;
and (3) increase the maximum amount of civil penalties for
failure to comply with regulations issued under section 311(j)
(National Response System) or in the event of gross negligence.
Subsection (b)(3) provides that any amendments made by this
subsection shall apply to all violations occurring on or after
April 19, 2010.
Subsection (c) amends subsection (c)(1)(B)(ii) to clarify
that the appropriate Federal agency has authority to issue an
administrative order to compel Federal, State, or private
action to remove a discharge of oil or hazardous substance.
Sec. 23. Oil and hazardous substance cleanup technologies
This section amends section 311(j) of the Clean Water Act
to require the Secretary of Homeland Security, in coordination
with the heads of other appropriate Federal agencies, to
establish a process for quickly and effectively soliciting,
assessing, and deploying offshore oil and hazardous substance
cleanup technologies in the event of a discharge or substantial
threat of a discharge of oil or a hazardous substance in U.S.
waters. This section also requires the Secretary of Homeland
Security to maintain a database on best available oil and
hazardous substance cleanup technologies. In addition, this
section requires the Secretary to effectively coordinate with
other appropriate agencies, industry, academia, small
businesses, and others to ensure that the best technology
available is implemented in the event of a discharge or threat
of a discharge of oil of hazardous substance in U.S. waters.
Sec. 24. Implementation of oil spill prevention and response
authorities
This section amends section 311(l) of the Clean Water Act
to more explicitly describe the authorities of various Federal
agencies with respect to section 311 of the Clean Water Act.
This section requires EPA to develop and maintain the
operational capability: (1) for effective inspection,
monitoring, prevention, preparedness, and response authorities
related to the discharge or substantial threat of a discharge
of oil or a hazardous substance; (2) to protect human health
and safety from impacts of a discharge or substantial threat of
a discharge; (3) to review and approve of, disapprove of, or
require revisions (if necessary) to onshore facility response
plans and to carry out all other responsibilities under section
311(j)(5)(E); and (4) to protect the environment and natural
resources from impacts of a discharge or substantial threat of
a discharge of oil or a hazardous substance.
This section also requires the Coast Guard to develop and
maintain operational capability: (1) to establish and enforce
regulations and standards for procedures, methods, equipment,
and other requirements to prevent and to contain a discharge of
oil or a hazardous substance from a tank vessel, nontank
vessel, or offshore facility; (2) to establish and enforce
regulations, and to carry out all other responsibilities, under
subsection 311(j)(5)(A); (3) to review and approve of,
disapprove of, or require revisions (if necessary) to tank
vessel, nontank vessel, and offshore facility response plans
and to carry out all other responsibilities under section
311(j)(5)(E); (4) for effective inspection, monitoring,
prevention, preparedness, and response authorities related to
the discharge or substantial threat of a discharge of oil or a
hazardous substance from a tank vessel, nontank vessel, or
offshore facility; (5) to protect the public from impacts of a
discharge or substantial threat of a discharge of oil or a
hazardous substance in U.S. waters; and (6) to protect the
environment and natural resources from impacts of a discharge
or substantial threat of a discharge of oil or a hazardous
substance in U.S. waters.
In addition, the President shall ensure that the Coast
Guard has sufficient personnel and resources to act as a first
responder to a discharge or substantial threat of a discharge
of oil or a hazardous substance from a tank vessel, nontank
vessel, or offshore facility, including the resources necessary
for on-going training of personnel, acquisition of equipment
(including containment booms, dispersants, and skimmers), and
prepositioning of equipment. The Secretary of Homeland Security
may enter into contracts with private and nonprofit
organizations for personnel and equipment in carrying out these
responsibilities.
This section requires DOT to: (1) establish and enforce
regulations and standards for procedures, methods, equipment,
and other requirements to prevent and to contain a discharge of
oil or a hazardous substance from a transportation-related
onshore facility; (2) review and approve of, disapprove of, or
require revisions (if necessary) to transportation-related
onshore facility response plans; and (3) ensure that DOT
personnel develop and maintain operational capability for
effective inspection, monitoring, prevention, preparedness, and
response authorities related to the discharge or substantial
threat of a discharge of oil or a hazardous substance from a
transportation-related onshore facility; protect the public
from the impacts of a discharge or substantial threat of a
discharge; and protect the environment and natural resources
from the impacts of a discharge or substantial threat of a
discharge of oil or a hazardous substance from a
transportation-related onshore facility.
Sec. 25. Disaster damage notification and assessment
This section amends 49 U.S.C. Sec. 60108 to require the
operator of a pipeline facility in an area affected by a
manmade or natural disaster to notify the Secretary of
Transportation not later than 12 hours after the cessation of
the disaster, or an earlier time determined appropriate by the
Secretary, of any changes to the operational status of the
pipeline facility, including information concerning physical
damages, releases of highly volatile liquid, other hazardous
liquid, or gas, disruptions in service, and projected dates for
return to service.
Subsection (a) requires such operator, not later than 30
days after the cessation of a manmade or natural disaster, to
develop and transmit to the Secretary of Transportation a
written damage assessment, which, at a minimum: (1) identifies
any physical damage to the pipeline facility and any other
credible threat or hazard to the pipeline facility; (2)
assesses the extent of any physical damage to the pipeline
facility and any other credible threat or hazard to the
pipeline facility; (3) evaluates the integrity of the pipeline
facility; (4) if necessary, provides a schedule for repairing
or abandoning the pipeline facility; and (5) meets any other
requirements that the Secretary determines are appropriate by
regulation.
Subsection (b) requires the Secretary of Transportation to
issue a final rule establishing procedures to carry out this
section no later than one year after the date of enactment of
the Act, and requires the Secretary, no later than 45 days
after the date of enactment, to issue interim guidance to
pipeline operators on such procedures.
Sec. 26. Impacts to Indian tribes
This section amends section 1002(b)(2) of OPA to clarify
that Indian tribes are eligible claimants for damages resulting
from a discharge, or substantial threat of a discharge, of oil.
Sec. 27. National Commission study of Federal management and oversight
of offshore drilling
On May 21, 2010, President Barack Obama issued an Executive
Order (Ex. Order No. 13543) creating the National Commission on
the BP Deepwater Horizon Oil Spill and Offshore Drilling to
investigate the causes of the Deepwater Horizon disaster, and
make recommendations for changes to Federal agencies, laws, or
programs to ensure that similar incidents cannot happen in the
future.
This section directs the National Commission to
specifically review and make recommendations on improvements to
Federal laws, regulations, and industry practices applicable to
offshore drilling that would ensure the effective oversight,
inspection, monitoring, and response capabilities of Federal
agencies, and to protect human health and safety, occupational
health and safety, and the environment and natural resources.
Specifically, this section requires the National Commission
on the BP Deepwater Horizon Spill and Offshore Drilling to
investigate the causes of the disaster, and make
recommendations for changes to Federal agencies, laws, or
programs to ensure that similar incidents cannot happen in the
future. The Commission is directed to evaluate the current
division of responsibility among different Federal agencies,
and to submit recommendations of whether there should be
changes in the responsibilities of the agencies now charged
with regulation, and/or the creation of new agencies. The
Commission shall ensure that Federal agencies regulating
offshore drilling are staffed with, and managed by, career
professionals who make safety the highest priority, and are not
improperly influenced by political appointees or the regulated
industry. In coordination with the final report to the
President, the Commission is required to submit a report to
Congress containing these recommendations.
Sec. 28. Federal enforcement actions
This section amends section 309(g)(6)(A) of the Clean Water
Act to allow independent Federal and State actions, including
the assessment of penalties, in relation to the discharge of
oil or hazardous substances under section 311 of the Clean
Water Act. This amendment would have no effect on the ability
of a State to file a separate claim under State law.
Sec. 29. Time required before electing to proceed with judicial claim
or against the fund
This section amends section 1013(c) of OPA to decrease the
time from 90 days to 45 days in which a claimant can elect to
commence an action in court against the responsible party or to
present the claim to the Oil Spill Liability Trust Fund (Trust
Fund) if unpaid.
Sec. 30. Report on former Coast Guard officials employed by recognized
organizations
This section requires the Comptroller General to submit an
annual report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Technology of the Senate on
the employment of individuals who were Coast Guard officials in
the previous five-year period by recognized organizations
contracted to administer maritime programs for foreign flag
administrations. At a minimum, the report shall assess the
extent to which former Coast Guard officials who received
compensation from recognized organizations were assigned to
work on matters over which the former Coast Guard officials had
oversight, inspection responsibility, or decision-making
authority when the officials served in or worked for the Coast
Guard. In addition, the report shall assess the extent to which
former Coast Guard officials were provided compensation by
recognized organizations and the positions held by former Coast
Guard officials in the preceding calendar year.
This section provides confidentiality to the former Coast
Guard members by ensuring that their names are not included in
the report.
Sec. 31. Authorized level of Coast Guard personnel
This section authorizes an end-of-year strength for active-
duty Coast Guard personnel of 47,300 for fiscal year 2011, of
which not less than 300 personnel shall be assigned to
implement the activities required of the Coast Guard by this
Act.
Sec. 32. Clarification of memorandums of understanding
This section requires the President (acting through the
head of the appropriate Federal department or agency) to
implement or revise, as appropriate, memorandums of
understanding to clarify the roles and jurisdictional
responsibilities of EPA, the Coast Guard, DOT, and other
Federal agencies relating to the prevention of oil discharges
from tank vessels, nontank vessels, and facilities subject to
OPA. The section shall be implemented no later than September
30, 2011.
Sec. 33. Study of health effects of oil spill
This section directs the Director of the Agency for Toxic
Substances and Disease Registry (ATSDR) and the Director of the
Centers for Disease Control and Prevention (CDC) to jointly
conduct a comprehensive study of the effects on human health of
exposure to petroleum and other substances released in relation
to the Deepwater Horizon oil spill or used or produced in
response to the oil spill, including chemicals used to disperse
the oil. The section also requires the Directors of ATSDR and
CDC to jointly complete a baseline assessment to determine the
health status of individuals exposed to petroleum or other
substances released in connection with the oil spill to gather
data to determine any change in health status from continued
exposure.
This section also requires the Directors of ATSDR and CDC,
not later than two years after the date of enactment of this
Act, to submit a report to Congress on the results of the study
and baseline assessment.
Sec. 34. Offshore energy security
This section requires that for all offshore facilities
constructed after the date of enactment of this Act for
operation in the U.S. EEZ for purposes of any form of energy
production shall be built in the United States. All foreign-
built offshore facilities are prohibited from operating in the
EEZ for such purposes after the date of enactment of the Act.
Sec. 35. Oil spill response vessel database
This section requires the Commandant of the Coast Guard,
not later than 90 days after the date of enactment of this Act,
to complete an inventory of all vessels operating in the waters
of the United States that are capable of meeting oil spill
response needs designated in the National Contingency Plan
authorized by section 311(d) of the Clean Water Act. The
inventory shall categorize such vessels by capabilities, type,
function, and location and be stored in a database that is
updated no less frequently than on a quarterly basis. The
Commandant may make information regarding the location and
capabilities of oil spill response vessels available to a
Federal On-Scene Coordinator to assist in the response to an
oil spill or other incident in the waters of the United States.
Sec. 36. Offshore sensing and monitoring systems
This section adds section 4119 to OPA. This section
requires that offshore facilities located in more than 500 feet
of water to be equipped with sensing and monitoring systems
that meet minimum requirements established under this section.
These requirements include being able to operate for at least
25 years, providing real-time physical, biological, geological,
and environmental monitoring, and providing alerts in the event
of anomalous circumstances. Within 180 days of the date of
enactment of this Act, the Secretary of Homeland Security shall
issue regulations to implement this section.
Sec. 37. Vice commandant; vice admirals
This section authorizes the President to designate no more
than four positions of importance and responsibility that shall
be held by vice admirals, with the pay and allowances of that
grade.
Sec. 38. Oil and gas exploration and production
This section strikes the definition for ``oil and gas
exploration and production'' found at section 502(24) of the
Clean Water Act to restore the authority to address stormwater
runoff associated with construction-related activities at oil
and gas exploration, production, processing, and treatment
operations or transmission facilities.
Polluted runoff from impervious surfaces, such as
construction sites, roadways, parking lots, and buildings, is
the fastest growing source of water pollution in America.
According to EPA, runoff from impervious surfaces is a central
cause of pollution for the nation's waters. Although impervious
surfaces cover only three percent of the land mass of the
country, EPA estimates that such surfaces are the primary
source of impairment for 13 percent of rivers, 18 percent of
lakes, and 32 percent of estuaries in the United States.
According to EPA, uncontrolled runoff from construction
sites is a water quality concern because of the devastating
effects that sedimentation can have on local waterbodies,
particularly small streams. Numerous studies have shown the
amount of sediment transported by stormwater runoff from
construction sites with no controls is significantly greater
than from sites with controls. In addition to sediment,
construction activities yield pollutants, such as pesticides,
petroleum products, construction chemicals, solvents, asphalts,
and acids that can contaminate stormwater runoff. During
storms, construction sites may be the source of sediment-laden
runoff, which can overwhelm a small channel's capacity,
resulting in streambed scour, streambank erosion, and
destruction of near-stream vegetative cover. Where left
uncontrolled, sediment-laden runoff has been shown to result in
the loss of in-stream habitats for fish and other aquatic
species, an increased difficulty in filtering drinking water,
the loss of drinking water reservoir storage capacity, and
negative impacts on the navigational capacity of waterways.
In December 2007, an EPA-funded study concluded that
construction-related activities at drilling sites have an
adverse impact on water quality, and recommended that
regulations be developed to reduce or eliminate stormwater
runoff (and associated pollutants). According to the EPA-funded
study, well sites have the potential to produce sediment loads
comparable to other construction-related activities, as well as
facilitate the introduction of other harmful pollutants,
including dissolved solids, metals, and acidity, to local
streams.
In 1972, Congress authorized significant Federal and state
authority to control water pollution from point sources,
including conveyances of stormwater. In 1987, Congress amended
the Clean Water Act to explicitly require the regulation of
stormwater discharges, including stormwater from municipal,
industrial, and construction sources. EPA established the
National Pollutant Discharge Elimination System (NPDES) Storm
Water Program, which required certain municipal, industrial,
and construction sources to obtain Clean Water Act permit
coverage for stormwater discharges. The stormwater program was
implemented in two phases. Phase I, adopted in 1990, applied to
medium and large municipal separate storm sewer systems and 11
categories of industrial activities (including large
construction-related activities disturbing more than five acres
of land). Phase II, adopted in 1999, applied to small municipal
separate sewer systems and small construction-related
activities disturbing between one and five acres of land.
For oil and gas construction-related activities, sites
greater than five acres (Phase I) were generally required to
obtain NPDES coverage by October 1, 1992 (See 55 Fed. Reg.
47990, November 16, 1990). For oil and gas construction-related
activities disturbing between one and five acres (Phase II),
EPA proposed NPDES coverage by March 10, 2003 (See 64 Fed. Reg.
68722, December 8, 1999). However, the compliance deadline for
oil and gas construction-related activities at Phase II sites
was extended by agency rulemaking on two separate occasions. In
2003, the deadline was extended to March 10, 2005 (68 Fed. Reg.
11325, March 10, 2003) and, in 2005, the deadline was extended
to June 12, 2006 (70 Fed. Reg. 11560, March 9, 2005).
Prior to the implementation of the application of NPDES to
construction-related activities at Phase II oil and gas sites,
Congress enacted the Energy Policy Act of 2005 (Pub. L. 109-58)
that amended section 502 of the Clean Water Act to add the
definition for ``oil and gas exploration and production''.
Although this issue is squarely within the jurisdiction of the
Committee on Transportation and Infrastructure, this amendment
to the Clean Water Act was not considered by the Committee on
Transportation and Infrastructure, and the Committee held no
hearings on the water quality impacts of the amendment. The
amendment to the Clean Water Act was included in the Energy
Policy Acts reported by the Committee on Energy and Commerce,
which does not have jurisdiction over the regulatory aspects of
the Clean Water Act. See H.R. 1644, Sec. 2403 (108th Congress)
and H.R. 6, Sec. 328 (109th Congress). This provision was
included over the express objections of then-Ranking Member of
the Committee on Transportation and Infrastructure, James L.
Oberstar. See Dissenting Views: Oil and Gas Provisions, H.
Rept. No. 108-65 (Pt. 1), at 345 (2003). When the House
considered H.R. 1644 in the 108th Congress, then-Ranking Member
Oberstar filed an amendment with the Committee on Rules to
strike this provision from the bill. The Committee on Rules did
not make the amendment in order and Members were not provided
any opportunity to strike the provision from the bill.
The current definition of ``oil and gas exploration and
production'' provides a permanent exemption from the Clean
Water Act NPDES permitting requirements for construction-
related activities associated with oil and gas exploration--
both Phase I and Phase II sites. Under current law,
construction-related activities for oil and gas exploration are
the only industrial construction-related activities not subject
to Clean Water Act permitting requirements, despite their
demonstrated impact on water quality.
This section restores Clean Water Act NPDES authority over
construction-related activities at oil and gas exploration,
production, processing, and treatment operations or
transmission facilities to that which existed prior to the
enactment of Pub. L. 109-58. This section does not impact the
statutory exemption for discharges of stormwater runoff for
non-construction related activities at oil and gas exploration,
production, processing, or treatment operations or transmission
facilities found at section 402(l)(2) of the Clean Water Act.
Sec. 39. Authorization of appropriations
This section authorizes appropriations from the Trust Fund
for the Coast Guard, EPA, and DOT to carry out this Act.
The Coast Guard is authorized to be appropriated from the
Trust Fund the following amounts: (1) for fiscal year 2011, $15
million; and (2) for each of fiscal years 2012 through 2015,
$16 million.
EPA is authorized to be appropriated from the Trust Fund
$10 million for each of the fiscal years 2011 to 2015.
DOT is authorized to be appropriated from the Trust Fund
the following amounts: (1) for each of fiscal years 2011
through 2013, $7 million; and (2) for each of fiscal years 2014
and 2015, $6 million.
Legislative History and Committee Consideration
On May 19, 2010, the Committee on Transportation and
Infrastructure held a hearing on ``Deepwater Horizon: Oil Spill
Prevention and Response Measures and Natural Resources
Impacts''. The Committee received testimony from
representatives of BP, p.l.c., Transocean, Ltd., EPA, the
National Oceanic and Atmospheric Administration, MMS, the Coast
Guard, experts in toxicology and oceanography, an impacted Gulf
fisherman, and representatives of non-governmental
organizations.
On June 9, 2010, the Committee on Transportation and
Infrastructure held a hearing on ``Liability and Financial
Responsibility for Oil Spills under the Oil Pollution Act of
1990 and Related Statutes''. The Committee received testimony
from Members of Congress, the Department of Justice, MMS, and
the National Pollution Funds Center, and representatives of the
oil industry, the insurance industry, the shipping industry,
and the public advocacy and academic community.
On June 29, 2010, Chairman James L. Oberstar introduced
H.R. 5629, the ``Oil Spill Accountability and Environmental
Protection Act of 2010''.
On July 1, 2010, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 5629. The
Committee adopted two amendments by voice vote. The Committee
adopted a manager's amendment that made the numerous changes to
the bill, including: (1) requiring EPA to rank dispersants on
the National Contingency Plan list by efficacy and toxicity;
(2) requiring a study of the human health impacts of the
Deepwater Horizon oil spill; (3) requiring public notice and
comment for response plans for LNG tank vessels; (4) addressing
deficiencies associated with oil spill boom technologies and
use; (5) strengthening the Coast Guard's role in responding to
oil spills; (6) requiring a risk assessment analysis be
included in response plans; (7) requiring the establishment of
a national database of oil spill response vessels; (8)
requiring offshore sensing and monitoring systems; (9)
requiring construction of offshore oil rigs in the United
States; (10) regarding Coast Guard deployment of best
technologies available to address offshore release of oil; (11)
authorizing the reorganization of the leadership of the Coast
Guard; (12) regarding the payment of damages for mental health
impacts; and (13) requiring a report on Marine Safety and
Security Team needs in responding to the Deepwater Horizon oil
spill. The Committee also adopted an amendment reestablishing a
requirement that construction-related activities for oil and
gas exploration and production comply with the stormwater
requirements of the Clean Water Act. The Committee ordered H.R.
5629, as amended, reported favorably to the House by voice vote
with a quorum present.
Record Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 5629, or ordering the bill reported.
A motion to order H.R. 5629, as amended, reported favorably to
the House was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is satisfied when a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. To date, the Committee
has not received a cost estimate for H.R. 5629 from the
Director of the Congressional Budget Office. The Committee
references the Committee Cost Estimate, included below.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee references the Committee Cost Estimate, included
below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
ensure full recovery from responsible parties of damages for
physical and economic injuries, adverse effects on the
environment, and clean up of oil spill pollution, to improve
the safety of vessels and pipelines supporting offshore oil
drilling, to ensure that there are adequate response plans to
prevent environmental damage from oil spills, and for other
purposes.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, a cost
estimate from the Director of the Congressional Budget Office
is not available.
Committee Cost Estimate
H.R. 5629 authorizes the appropriation of the following
amounts from the Oil Spill Liability Trust Fund for the Coast
Guard, EPA, and DOT to implement the activities of these
agencies under H.R. 5629:
AUTHORIZATIONS OF APPROPRIATIONS
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2011 FY 2012 FY 2013 FY 2014 FY 2015
----------------------------------------------------------------------------------------------------------------
Coast Guard.............................................. 15 16 16 16 16
Environmental Protection Agency.......................... 10 10 10 10 10
Department of Transportation............................. 7 7 7 6 6
Total................................................ 32 33 33 32 32
----------------------------------------------------------------------------------------------------------------
In addition to these increases in discretionary
appropriations that would be required to implement H.R. 5629,
the Committee estimates that two provisions of H.R. 5629 could
significantly impact revenues and direct spending. First,
section 3, Evidence of Financial Responsibility for Offshore
Facilities, increases the minimum amount of evidence of
financial responsibility that a responsible party for an
offshore facility must demonstrate to $1.5 billion. This
provision is likely to result in lower bonus bids on new leases
for exploration, development, or production of minerals
(including oil) in the Outer Continental Shelf and reduced
future royalties to the Federal Government from lower Outer
Continental Shelf production. Although the impact of this
provision is highly uncertain, the Committee estimates that it
could reduce revenues and/or increase direct spending by
approximately $4 billion over the ten-year period from FY 2011-
FY 2020.
Second, section 34, Offshore Energy Security, requires that
all offshore facilities constructed after the date of enactment
of this Act for operation in the U.S. Exclusive Economic Zone
(EEZ) for purposes of any form of energy production shall be
built in the United States. U.S. shipyards are facing declining
orders for ships from the U.S. Navy and Coast Guard. The
Committee believes that U.S. shipyards have the capacity and
the skilled workforce necessary to meet the increased demand
for the construction of offshore drilling platforms that would
result from section 34, and would quickly do so. Therefore, the
Committee estimates that, although this provision could reduce
future Outer Continental Shelf bonus bids and royalties in the
near-term, U.S. shipyards and workers will be able to meet
increased demand.
Compliance with House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. H.R.
5629, as amended, does not contain any earmarks, limited tax
benefits, or limited tariff benefits under clause 9(e), 9(f),
or 9(g) of rule XXI.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee has not received an estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (UMRA) (P.L. 104-4). The Committee estimates that H.R. 5629
contains private-sector mandates as defined in UMRA because it
would impose new safety standards and financial responsibility
requirements on vessels, offshore facilities, and onshore
facilities supporting offshore oil drilling. The Committee
estimates that the aggregate cost of complying with the
private-sector mandates in the bill would be significant, and
would exceed the annual threshold established in UMRA ($141
million, adjusted annually for inflation).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 5629, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
OIL POLLUTION ACT OF 1990
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The contents of this Act are as follows:
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
* * * * * * *
Sec. 1013A. Information on claims.
* * * * * * *
TITLE IV--PREVENTION AND REMOVAL
Subtitle A--Prevention
* * * * * * *
Sec. 4119. Offshore sensing and monitoring systems.
* * * * * * *
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
* * * * * * *
SEC. 1002. ELEMENTS OF LIABILITY.
(a) * * *
(b) Covered Removal Costs and Damages.--
(1) * * *
(2) Damages.--The damages referred to in subsection
(a) are the following:
(A) * * *
* * * * * * *
(D) Revenues.--Damages equal to the net loss
of taxes, royalties, rents, fees, or net profit
shares due to the injury, destruction, or loss
of real property, personal property, or natural
resources, which shall be recoverable by the
Government of the United States, a State, [or a
political subdivision thereof] a political
subdivision of a State, or an Indian tribe.
* * * * * * *
(F) Public services.--Damages for net costs
of providing increased or additional public
services during or after removal activities,
including protection from fire, safety, or
health hazards, caused by a discharge of oil,
which shall be recoverable by a State, [or a
political subdivision of a State] a political
subdivision of a State, or an Indian tribe.
(G) Human health.--
(i) In general.--Damages to human
health, including fatal injuries, which
shall be recoverable by any claimant
who has a demonstrable, adverse impact
to human health or, in the case of a
fatal injury to an individual, a
claimant filing a claim on behalf of
such individual.
(ii) Inclusion.--For purposes of
clause (i), the term ``human health''
includes mental health.
* * * * * * *
SEC. 1004. LIMITS ON LIABILITY.
(a) General Rule.--Except as otherwise provided in this
section, the total of the liability of a responsible party
under section 1002 and any removal costs incurred by, or on
behalf of, the responsible party, with respect to each incident
shall not exceed--
(1) * * *
(2) for any other vessel, $950 per gross ton or
[$800,000,,] $800,000, whichever is greater; and
[(3) for an offshore facility except a deepwater
port, the total of all removal costs plus $75,000,000;
and]
[(4)] (3) for any onshore facility and a deepwater
port, $350,000,000.
(b) Division of Liability for Mobile Offshore Drilling
Units.--
(1) * * *
(2) Treated as facility for excess liability.--To the
extent that removal costs and damages [from any
incident described in paragraph (1)] from any discharge
of oil, or substantial threat of a discharge of oil,
into or upon the water exceed the amount for which a
responsible party is [liable] liable as described in
paragraph (1) (as that amount may be limited under
subsection (a)(1)), the mobile offshore drilling unit
is deemed to be an offshore facility. [For purposes of
applying subsection (a)(3), the amount specified in
that subsection shall be reduced by the amount for
which the responsible party is liable under paragraph
(1).]
* * * * * * *
(d) Adjusting Limits of Liability.--
(1) * * *
* * * * * * *
[(4) Adjustment to reflect consumer price index.--The
President, by regulations issued not later than 3 years
after the date of enactment of the Delaware River
Protection Act of 2006 and not less than every 3 years
thereafter, shall adjust the limits on liability
specified in subsection (a) to reflect significant
increases in the Consumer Price Index.]
(4) Adjustment of limits on liability.--Not later
than 3 years after the date of enactment of the Oil
Spill Accountability and Environmental Protection Act
of 2010, and at least once every 3 years thereafter,
the President shall review the limits on liability
specified in subsection (a) and shall by regulation
revise such limits upward to reflect either the amount
of liability that the President determines is
commensurate with the risk of discharge of oil
presented by a particular category of vessel or any
increase in the Consumer Price Index, whichever is
greater.
* * * * * * *
SEC. 1006. NATURAL RESOURCES.
(a) * * *
* * * * * * *
(e) Damage Assessment Regulations.--
(1) * * *
(2) [Rebuttable presumption]Judicial review of
assessments.--Any determination or assessment of
damages to natural resources for the purposes of this
Act made under subsection (d) by a Federal, State, or
Indian trustee in accordance with the regulations
promulgated under paragraph (1) shall [have the force
and effect of a rebuttable presumption on behalf of the
trustee in any administrative or judicial proceeding
under this Act] be subject to judicial review under
subchapter II of chapter 5 of title 5, United States
Code (commonly known as the Administrative Procedure
Act), on the basis of the administrative record
developed by the lead Federal trustee as provided in
such regulations.
* * * * * * *
SEC. 1013. CLAIMS PROCEDURE.
(a) * * *
* * * * * * *
(c) Election.--If a claim is presented in accordance with
subsection (a) and--
(1) * * *
(2) the claim is not settled by any person by payment
within [90] 45 days after the date upon which (A) the
claim was presented, or (B) advertising was begun
pursuant to section 1014(b), whichever is later,
the claimant may elect to commence an action in court against
the responsible party or guarantor or to present the claim to
the Fund.
SEC. 1013A. INFORMATION ON CLAIMS.
In the event of a spill of national significance, the
President may require a responsible party or a guarantor of a
source designated under section 1014(a) to provide to the
President any information on or related to claims, either
individually, in the aggregate, or both, that the President
requests, including--
(1) the transaction date or dates of such claims,
including processing times; and
(2) any other data pertaining to such claims
necessary to ensure the performance of the responsible
party or the guarantor with regard to the processing
and adjudication of such claims.
* * * * * * *
SEC. 1016. FINANCIAL RESPONSIBILITY.
(a) * * *
* * * * * * *
(c) Offshore Facilities.--
(1) In general.--
(A) * * *
(B) Amount required generally.--Except as
provided in subparagraph (C), the amount of
financial responsibility for offshore
facilities that meet the criteria of
[subparagraph (A) is--
[(i) $35,000,000 for an offshore
facility located seaward of the seaward
boundary of a State; or
[(ii) $10,000,000 for an offshore
facility located landward of the
seaward boundary of a State]
subparagraph (A) is $1,500,000,000.
[(C) Greater amount.--If the President
determines that an amount of financial
responsibility for a responsible party greater
than the amount required by subparagraph (B) is
justified based on the relative operational,
environmental, human health, and other risks
posed by the quantity or quality of oil that is
explored for, drilled for, produced, or
transported by the responsible party, the
evidence of financial responsibility required
shall be for an amount determined by the
President not exceeding $150,000,000.]
(C) Greater amount.--
(i) Specific facilities.--If the
President determines that an amount of
financial responsibility for a
responsible party that is greater than
the amount required by subparagraph (B)
is justified based on the relative
operational, environmental, human
health, and other risks posed by the
quantity, quality, or location of oil
that is explored for, drilled for,
produced, or transported by the
responsible party, the evidence of
financial responsibility required shall
be for an amount determined by the
President.
(ii) Adjustment for all offshore
facilities.--
(I) In general.--Not later
than 3 years after the date of
enactment of the Oil Spill
Accountability and
Environmental Protection Act of
2010, and at least once every 3
years thereafter, the President
shall review the level of
financial responsibility
specified in subparagraph (B)
and may by regulation revise
such level upwards to a level
that the President determines
is justified based on the
relative operational,
environmental, human health,
and other risks posed by the
quantity, quality, or location
of oil that is explored for,
drilled for, produced, or
transported by the responsible
party.
(II) Notice to congress.--
Upon completion of a review
specified in subclause (I), the
President shall notify Congress
as to whether the President
will revise the levels of
financial responsibility and
the factors for making such
determination.
* * * * * * *
[(E) Definition.--For the purpose of this
paragraph, the seaward boundary of a State
shall be determined in accordance with section
2(b) of the Submerged Lands Act (43 U.S.C.
1301(b)).]
* * * * * * *
SEC. 1018. RELATIONSHIP TO OTHER LAW.
(a) Preservation of State Authorities; Solid Waste Disposal
Act.--Nothing in this Act [or the Act of March 3, 1851] shall--
(1) * * *
* * * * * * *
(c) Additional Requirements and Liabilities; Penalties.--
Nothing in this Act[, the Act of March 3, 1851 (46 U.S.C. 183
et seq.),] or section 9509 of the Internal Revenue Code of 1986
(26 U.S.C. 9509), shall in any way affect, or be construed to
affect, the authority of the United States or any State or
political subdivision thereof--
(1) * * *
* * * * * * *
TITLE IV--PREVENTION AND REMOVAL
Subtitle A--Prevention
* * * * * * *
SEC. 4119. OFFSHORE SENSING AND MONITORING SYSTEMS.
(a) In General.--The equipment required to be available under
section 311(j)(5)(D)(iii) of the Federal Water Pollution
Control Act for facilities listed in section 311(j)(5)(C)(iii)
of such Act and located in more than 500 feet of water includes
sensing and monitoring systems that meet the requirements of
this section.
(b) Systems Requirements.--Sensing and monitoring systems
required under subsection (a) shall--
(1) use an integrated, modular, expandable, multi-
sensor, open-architecture design and technology with
interoperable capability;
(2) be capable of--
(A) operating for at least 25 years;
(B) real-time physical, biological,
geological, and environmental monitoring;
(C) providing alerts in the event of
anomalous circumstances;
(D) providing docking bases to accommodate
spatial sensors for remote inspection and
monitoring; and
(E) collecting chemical boundary condition
data for drift and flow modeling; and
(3) include--
(A) an uninterruptible power source;
(B) a spatial sensor; and
(C) secure Internet access to real-time
physical, biological, geological, and
environmental monitoring data gathered by the
system sensors.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
Subtitle II--Vessels and Seamen
* * * * * * *
Part A--General Provisions
* * * * * * *
CHAPTER 23--OPERATION OF VESSELS GENERALLY
* * * * * * *
Sec. 2301. Application
Except as provided in sections 2304 and 2306 of this title,
this [chapter] title applies to a vessel operated on waters
subject to the jurisdiction of the United States (including the
territorial sea of the United States as described in
Presidential Proclamation No. 5928 of December 27, 1988 and the
exclusive economic zone to the extent that the regulation of
such operation is not prohibited under customary international
law) and, for a vessel owned in the United States, on the high
seas.
* * * * * * *
Part B--Inspection and Regulations of Vessels
* * * * * * *
CHAPTER 32--MANAGEMENT OF VESSELS
* * * * * * *
Sec. 3203. Safety management system
(a) * * *
(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)
shall include processes, procedures, and policies related to
the safe operation and maintenance of the machinery and systems
on board the unit that are used for the industrial business and
functions of the unit, including drilling operations.
[(b)] (c) Compliance With Code.--Regulations prescribed under
this section shall be consistent with the International Safety
Management Code with respect to vessels to which this chapter
applies under section 3202(a) of this title.
CHAPTER 33--INSPECTION GENERALLY
* * * * * * *
Sec. 3306. Regulations
(a) * * *
* * * * * * *
(k) In prescribing regulations for mobile offshore drilling
units, the Secretary shall develop standards to address a
worst-case event involving a discharge as that term is defined
in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C.
2701).
* * * * * * *
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
* * * * * * *
Sec. 3703a. Tank vessel construction standards
(a) * * *
(b) This section does not apply to--
(1) * * *
* * * * * * *
[(3) before January 1, 2015--
[(A) a vessel unloading oil in bulk at a
deepwater port licensed under the Deepwater
Port Act of 1974 (33 U.S.C. 1501 et seq.); or
[(B) a delivering vessel that is offloading
in lightering activities--
[(i) within a lightering zone
established under section 3715(b)(5) of
this title; and
[(ii) more than 60 miles from the
baseline from which the territorial sea
of the United States is measured;]
[(4)] (3) a vessel documented under chapter 121 of
this title that was equipped with a double hull before
August 12, 1992;
[(5)] (4) a barge of less than 1,500 gross tons (as
measured under chapter 145 of this title) carrying
refined petroleum product in bulk as cargo in or
adjacent to waters of the Bering Sea, Chukchi Sea, and
Arctic Ocean and waters tributary thereto and in the
waters of the Aleutian Islands and the Alaskan
Peninsula west of 155 degrees west longitude; or
[(6)] (5) a vessel in the National Defense Reserve
Fleet pursuant to section 11 of the Merchant Ship Sales
Act of 1946 (50 App. U.S.C. 1744).
* * * * * * *
Part E--Merchant Seamen Licenses, Certificates, and Documents
* * * * * * *
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec.
7101. Issuing and classifying licenses and certificates of registry.
* * * * * * *
[7104. Certificates for medical doctors and nurses.
[7105. Oaths.
[7106. Duration of licenses.
[7107. Duration of certificates of registry.
[7108. Termination of licenses and certificates of registry.
[7109. Review of criminal records.
[7110. Exhibiting licenses.
[7111. Oral examinations for licenses.
[7112. Licenses of masters or mates as pilots.
[7113. Exemption from draft.
[7114. Fees.]
7104. Licenses for masters of mobile offshore drilling units.
7105. Certificates for medical doctors and nurses.
7106. Oaths.
7107. Duration of licenses.
7108. Duration of certificates of registry.
7109. Termination of licenses and certificates of registry.
7110. Review of criminal records.
7111. Exhibiting licenses.
7112. Oral examinations for licenses.
7113. Licenses of masters or mates as pilots.
7114. Exemption from draft.
7115. Fees.
* * * * * * *
Sec. 7104. Licenses for masters of mobile offshore drilling units
A license as master of a mobile offshore drilling unit may be
issued only to an applicant who has been issued a license as
master under section 7101(c)(1) and has demonstrated the
knowledge, understanding, proficiency, and sea service required
to be responsible for all industrial business or functions of a
mobile offshore drilling unit, including all drilling
operations of that type of unit for which the applicant is to
be licensed.
Sec. [7104.] 7105. Certificates for medical doctors and nurses
A certificate of registry as a medical doctor or professional
nurse may be issued only to an applicant who has a license as a
medical doctor or registered nurse, respectively, issued by a
State.
Sec. [7105.] 7106. Oaths
An applicant for a license or certificate of registry shall
take, before the issuance of the license or certificate, an
oath before a designated official, without concealment or
reservation, that the applicant will perform faithfully and
honestly, according to the best skill and judgment of the
applicant, all the duties required by law.
Sec. [7106.] 7107. Duration of licenses
A license issued under this part is valid for 5 years and may
be renewed for additional 5-year periods. However, the validity
of a license issued to a radio officer is conditioned on the
continuous possession by the holder of a first-class or second-
class radiotelegraph operator license issued by the Federal
Communications Commission.
Sec. [7107.] 7108. Duration of certificates of registry
A certificate of registry issued under this part is valid for
5 years and may be renewed for additional 5-year periods.
However, the validity of a certificate issued to a medical
doctor or professional nurse is conditioned on the continuous
possession by the holder of a license as a medical doctor or
registered nurse, respectively, issued by a State.
Sec. [7108.] 7109. Termination of licenses and certificates of registry
When the holder of a license or certificate of registry, the
duration of which is conditioned under [section 7106 or 7107]
section 7107 or 7108 of this title, fails to hold the license
required as a condition, the license or certificate of registry
issued under this part is terminated.
Sec. [7109.] 7110. Review of criminal records
The Secretary may review the criminal record of each holder
of a license or certificate of registry issued under this part
who applies for renewal of that license or certificate of
registry.
Sec. [7110.] 7111. Exhibiting licenses
Each holder of a license issued under this part shall
display, within 48 hours after employment on a vessel for which
that license is required, the license in a conspicuous place on
the vessel.
Sec. [7111.] 7112. Oral examinations for licenses
An individual may take an oral examination for a license to
serve on a fishing, fish processing, or fish tender vessel not
required to be inspected under part B of this subtitle.
Sec. [7112.] 7113. Licenses of masters or mates as pilots
A master or mate licensed under this part who also qualifies
as a pilot is not required to hold 2 licenses. Instead, the
qualification of the master or mate as pilot shall be endorsed
on the master's or mate's license.
Sec. [7113.] 7114. Exemption from draft
A licensed master, mate, pilot, or engineer of a vessel
inspected under part B of this subtitle, propelled by machinery
or carrying hazardous liquid cargoes in bulk, is not liable to
draft in time of war, except for performing duties authorized
by the license. When performing those duties in the service of
the United States Government, the master, mate, pilot, or
engineer is entitled to the highest rate of wages paid in the
merchant marine of the United States for similar services. If
killed or wounded when performing those duties, the master,
mate, pilot, or engineer, or the heirs or legal representatives
of the master, mate, pilot, or engineer, are entitled to all
the privileges under the pension laws of the United States
provided to members of the Armed Forces.
Sec. [7114.] 7115. Fees
The Secretary may prescribe by regulation reasonable fees for
the inspection of and the issuance of a certificate, license,
or permit related to small passenger vessels and sailing school
vessels.
* * * * * * *
Part F--Manning of Vessels
* * * * * * *
CHAPTER 81--GENERAL
* * * * * * *
Sec. 8101. Complement of inspected vessels
(a) The certificate of inspection issued to a vessel under
part B of this subtitle shall state the complement of licensed
individuals and crew (including lifeboatmen) considered by the
Secretary to be necessary for safe operation. A manning
requirement imposed on--
(1) * * *
(2) a mobile offshore drilling unit shall consider
the specialized nature of the unit and shall at all
times be under the command of a master licensed under
section 7104; and
* * * * * * *
Part H--Identification of Vessels
* * * * * * *
CHAPTER 121--DOCUMENTATION OF VESSELS
* * * * * * *
SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION
* * * * * * *
Sec. 12111. Registry endorsement
(a) * * *
* * * * * * *
(e) Resource Activities in the EEZ.--Except for activities
requiring an endorsement under sections 12112 or 12113, only a
vessel for which a certificate of documentation with a registry
endorsement is issued and that is owned by a citizen of the
United States (as determined under section 50501(d)) may engage
in support of exploration, development, or production of
resources in, on, above, or below the exclusive economic zone
or any other activity in the exclusive economic zone to the
extent that the regulation of such activity is not prohibited
under customary international law.
* * * * * * *
Part J--Measurement of Vessels
* * * * * * *
CHAPTER 143--CONVENTION MEASUREMENT
* * * * * * *
Sec. 14305. Optional regulatory measurement
(a) On request of the owner of a documented vessel measured
under this chapter, the Secretary also shall measure the vessel
under chapter 145 of this title. The tonnages determined under
that chapter shall be used in applying--
(1) * * *
* * * * * * *
[(5) section 30506 of this title;]
[(6)] (5) sections 12118 and 12132 of this title;
[(7)] (6) section 12139(b) of this title;
[(8)] (7) sections 351, 352, 355, and 356 of the Ship
Radio Act (47 U.S.C. 351, 352, 354, and 354a);
[(9)] (8) section 403 of the Commercial Fishing
Industry Vessel Act (46 U.S.C. 3302 note);
[(10)] (9) the Officers' Competency Certificates
Convention, 1936, and sections 8303 and 8304 of this
title;
[(11)] (10) the International Convention for the
Safety of Life at Sea as provided by IMCO Resolution
A.494 (XII) of November 19, 1981;
[(12)] (11) the International Convention on Standards
of Training, Certification, and Watchkeeping for
Seafarers, 1978, as provided by IMO Resolution A.540
(XIII) of November 17, 1983;
[(13)] (12) the International Convention for the
Prevention of Pollution from Ships, 1973, as modified
by the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships,
1973, as provided by IMO Resolution A.541 (XIII) of
November 17, 1983;
[(14)] (13) provisions of law establishing the
threshold tonnage levels at which evidence of financial
responsibility must be demonstrated; or
[(15)] (14) unless otherwise provided by law, any
other law of the United States in effect before July
19, 1994, and not listed by the Secretary under section
14302(c) of this title.
* * * * * * *
Subtitle III--Maritime Liability
* * * * * * *
CHAPTER 301--GENERAL LIABILITY PROVISIONS
* * * * * * *
Sec. 30104. Personal injury to or death of seamen
(a) In General.--A seaman injured in the course of
employment or, if the seaman dies from the injury, the personal
representative of the seaman may elect to bring a civil action
at law, with the right of trial by jury, against the employer.
[Laws] Except as provided in subsection (b), laws of the United
States regulating recovery for personal injury to, or death of,
a railway employee apply to an action under this section.
(b) Nonpecuniary Losses for Death.--In addition to other
amounts authorized by law, the recovery for a seaman who dies
may also include nonpecuniary losses that are authorized under
general maritime law, such as the loss of care, comfort, and
companionship.
* * * * * * *
CHAPTER 303--DEATH ON THE HIGH SEAS
Sec.
30301. Short title.
* * * * * * *
[30307. Commercial aviation accidents.]
* * * * * * *
Sec. 30301. Short title
This chapter may be cited as the ``Death on the High Seas
Act''.
Sec. 30302. Cause of action
When the death of an individual is caused by wrongful act,
neglect, or default occurring on the high seas beyond 3
nautical miles from the shore of the United States, the
personal representative of the decedent may bring a civil
action in admiralty or law against the person or vessel
responsible. [The action shall be for the exclusive benefit of
the decedent's spouse, parent, child, or dependent relative.]
The action shall be for the exclusive benefit of the survivors,
including the decedent's spouse, parent, child, or dependent
relatives.
Sec. 30303. Amount and apportionment of recovery
The recovery in an action under this chapter shall be a fair
compensation for the pecuniary loss and nonpecuniary loss
sustained [by the individuals for whose benefit the action is
brought. The court shall apportion the recovery among those
individuals in proportion to the loss each has sustained.],
plus a fair compensation for the decedent's pain and suffering.
In this section, the term ``nonpecuniary loss'' means losses
authorized under general maritime law including loss of care,
comfort, and companionship.
* * * * * * *
Sec. 30305. Death of plaintiff in pending action
If a civil action in admiralty or law is pending in a court
of the United States to recover for personal injury caused by
wrongful act, neglect, or default described in section 30302 of
this title, and the individual dies during the action as a
result of the wrongful act, neglect, or default, the personal
representative of the decedent may be substituted as the
plaintiff and the action may proceed under this chapter for the
recovery authorized by this chapter.
Sec. 30306. Foreign cause of action
When a cause of action exists under the law of a foreign
country for death by wrongful act, neglect, or default on the
high seas, a civil action in admiralty or law may be brought in
a court of the United States based on the foreign cause of
action, without abatement of the amount for which recovery is
authorized.
[Sec. 30307. Commercial aviation accidents
[(a) Definition.--In this section, the term ``nonpecuniary
damages'' means damages for loss of care, comfort, and
companionship.
[(b) Beyond 12 Nautical Miles.--In an action under this
chapter, if the death resulted from a commercial aviation
accident occurring on the high seas beyond 12 nautical miles
from the shore of the United States, additional compensation is
recoverable for nonpecuniary damages, but punitive damages are
not recoverable.
[(c) Within 12 Nautical Miles.--This chapter does not apply
if the death resulted from a commercial aviation accident
occurring on the high seas 12 nautical miles or less from the
shore of the United States.]
* * * * * * *
CHAPTER 305--EXONERATION AND LIMITATION OF LIABILITY
Sec.
30501. Definition.
* * * * * * *
[30505. General limit of liability.
[30506. Limit of liability for personal injury or death.
[30507. Apportionment of losses.
[30508. Provisions requiring notice of claim or limiting time for
bringing action.
[30509. Provisions limiting liability for personal injury or death.
[30510. Vicarious liability for medical malpractice with regard to
crew.
[30511. Action by owner for limitation.
[30512. Liability as master, officer, or seaman not affected.]
30505. Provisions requiring notice of claim or limiting time for
bringing action.
30506. Provisions limiting liability for personal injury or death.
30507. Vicarious liability for medical malpractice with regard to crew.
* * * * * * *
[Sec. 30505. General limit of liability
[(a) In General.--Except as provided in section 30506 of this
title, the liability of the owner of a vessel for any claim,
debt, or liability described in subsection (b) shall not exceed
the value of the vessel and pending freight. If the vessel has
more than one owner, the proportionate share of the liability
of any one owner shall not exceed that owner's proportionate
interest in the vessel and pending freight.
[(b) Claims Subject to Limitation.--Unless otherwise excluded
by law, claims, debts, and liabilities subject to limitation
under subsection (a) are those arising from any embezzlement,
loss, or destruction of any property, goods, or merchandise
shipped or put on board the vessel, any loss, damage, or injury
by collision, or any act, matter, or thing, loss, damage, or
forfeiture, done, occasioned, or incurred, without the privity
or knowledge of the owner.
[(c) Wages.--Subsection (a) does not apply to a claim for
wages.
[Sec. 30506. Limit of liability for personal injury or death
[(a) Application.--This section applies only to seagoing
vessels, but does not apply to pleasure yachts, tugs, towboats,
towing vessels, tank vessels, fishing vessels, fish tender
vessels, canal boats, scows, car floats, barges, lighters, or
nondescript vessels.
[(b) Minimum Liability.--If the amount of the vessel owner's
liability determined under section 30505 of this title is
insufficient to pay all losses in full, and the portion
available to pay claims for personal injury or death is less
than $420 times the tonnage of the vessel, that portion shall
be increased to $420 times the tonnage of the vessel. That
portion may be used only to pay claims for personal injury or
death.
[(c) Calculation of Tonnage.--Under subsection (b), the
tonnage of a self-propelled vessel is the gross tonnage without
deduction for engine room, and the tonnage of a sailing vessel
is the tonnage for documentation. However, space for the use of
seamen is excluded.
[(d) Claims Arising on Distinct Occasions.--Separate limits
of liability apply to claims for personal injury or death
arising on distinct occasions.
[(e) Privity or Knowledge.--In a claim for personal injury or
death, the privity or knowledge of the master or the owner's
superintendent or managing agent, at or before the beginning of
each voyage, is imputed to the owner.
[Sec. 30507. Apportionment of losses
[If the amounts determined under sections 30505 and 30506 of
this title are insufficient to pay all claims--
[(1) all claimants shall be paid in proportion to
their respective losses out of the amount determined
under section 30505 of this title; and
[(2) personal injury and death claimants, if any,
shall be paid an additional amount in proportion to
their respective losses out of the additional amount
determined under section 30506(b) of this title.]
Sec. [30508.] 30505. Provisions requiring notice of claim or limiting
time for bringing action
(a) * * *
* * * * * * *
Sec. [30509.] 30506. Provisions limiting liability for personal injury
or death
(a) * * *
* * * * * * *
Sec. [30510.] 30507. Vicarious liability for medical malpractice with
regard to crew
In a civil action by any person in which the owner or
operator of a vessel or employer of a crewmember is claimed to
have vicarious liability for medical malpractice with regard to
a crewmember occurring at a shoreside facility, and to the
extent the damages resulted from the conduct of any shoreside
doctor, hospital, medical facility, or other health care
provider, the owner, operator, or employer is entitled to rely
on any statutory limitations of liability applicable to the
doctor, hospital, medical facility, or other health care
provider in the State of the United States in which the
shoreside medical care was provided.
[Sec. 30511. Action by owner for limitation
[(a) In General.--The owner of a vessel may bring a civil
action in a district court of the United States for limitation
of liability under this chapter. The action must be brought
within 6 months after a claimant gives the owner written notice
of a claim.
[(b) Creation of Fund.--When the action is brought, the owner
(at the owner's option) shall--
[(1) deposit with the court, for the benefit of
claimants--
[(A) an amount equal to the value of the
owner's interest in the vessel and pending
freight, or approved security; and
[(B) an amount, or approved security, that
the court may fix from time to time as
necessary to carry out this chapter; or
[(2) transfer to a trustee appointed by the court,
for the benefit of claimants--
[(A) the owner's interest in the vessel and
pending freight; and
[(B) an amount, or approved security, that
the court may fix from time to time as
necessary to carry out this chapter.
[(c) Cessation of Other Actions.--When an action has been
brought under this section and the owner has complied with
subsection (b), all claims and proceedings against the owner
related to the matter in question shall cease.
[Sec. 30512. Liability as master, officer, or seaman not affected
[This chapter does not affect the liability of an individual
as a master, officer, or seaman, even though the individual is
also an owner of the vessel.]
* * * * * * *
----------
TITLE 14, UNITED STATES CODE
* * * * * * *
PART I--REGULAR COAST GUARD
* * * * * * *
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec.
41. Grades and ratings.
* * * * * * *
[47. Vice Commandant; assignment.
[50. Area Commanders.
[50a. Chief of Staff.]
47. Vice Commandant; appointment.
50. Vice admirals.
* * * * * * *
[52. Vice admirals, continuity of grade.]
52. Vice admirals and admiral, continuity of grade.
* * * * * * *
Sec. 41. Grades and ratings
In the Coast Guard there shall be [an admiral,] admirals,
vice admirals; rear admirals; rear admirals (lower half);
captains; commanders; lieutenant commanders; lieutenants;
lieutenants (junior grade); ensigns; chief warrant officers;
cadets; warrant officers; and enlisted members. Enlisted
members shall be distributed in ratings established by the
Secretary.
* * * * * * *
[Sec. 47. Vice Commandant; assignment]
Sec. 47. Vice Commandant; appointment
The President may appoint, by and with the advice and consent
of the Senate, one Vice Commandant who shall rank next after
the Commandant, shall perform such duties as the Commandant may
prescribe and shall act as Commandant during the absence or
disability of the Commandant or in the event that there is a
vacancy in the office of Commandant. The Vice Commandant shall
be selected from the officers on the active duty promotion list
serving above the grade of captain. The Commandant shall make
recommendation for such appointment. The Vice Commandant shall,
while so serving, have the grade of [vice admiral] admiral with
pay and allowances of that grade. The appointment and grade of
a Vice Commandant shall be effective on the date the officer
assumes that duty, and shall terminate on the date the officer
is detached from that duty, except as provided in [subsection]
section 51(d) of this title.
[Sec. 50. Area commanders
[(a) The President may appoint, by and with the advice and
consent of the Senate, a Commander, Atlantic Area, and a
Commander, Pacific Area, each of whom shall be an intermediate
commander between the Commandant and the district commanders in
his respective area and shall perform such duties as the
Commandant may prescribe. The area commanders shall be
appointed from officers on the active duty promotion list
serving above the grade of captain. The Commandant shall make
recommendations for such appointments.
[(b) An area commander shall, while so serving, have the
grade of vice admiral with pay and allowances of that grade.
The appointment and grade of an area commander shall be
effective on the date the officer assumes that duty, and shall
terminate on the date the officer is detached from that duty,
except as provided in subsection 51(d) of this title.
[Sec. 50a. Chief of Staff
[(a) The President may appoint, by and with the advice and
consent of the Senate, a Chief of Staff of the Coast Guard who
shall rank next after the area commanders and who shall perform
duties as prescribed by the Commandant. The Chief of Staff
shall be appointed from the officers on the active duty
promotion list serving above the grade of captain. The
Commandant shall make recommendations for the appointment.
[(b) The Chief of Staff shall have the grade of vice admiral
with the pay and allowances of that grade. The appointment and
grade of the Chief of Staff shall be effective on the date the
officer assumes that duty, and shall terminate on the date the
officer is detached from that duty, except as provided in
section 51(d) of this title.]
Sec. 50. Vice admirals
(a)(1) The President may designate no more than 4 positions
of importance and responsibility that shall be held by officers
who--
(A) while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade; and
(B) shall perform such duties as the Commandant may
prescribe.
(2) The President may appoint, by and with the advice and
consent of the Senate, and reappoint, by and with the advice
and consent of the Senate, to any such position an officer of
the Coast Guard who is serving on active duty above the grade
of captain. The Commandant shall make recommendations for such
appointments.
(b)(1) The appointment and the grade of vice admiral shall be
effective on the date the officer assumes that duty and, except
as provided in paragraph (2) of this subsection or in section
51(d) of this title, shall terminate on the date the officer is
detached from that duty.
(2) An officer who is appointed to a position designated
under subsection (a) shall continue to hold the grade of vice
admiral--
(A) while under orders transferring the officer to
another position designated under subsection (a),
beginning on the date the officer is detached from that
duty and terminating on the date before the day the
officer assumes the subsequent duty, but not for more
than 60 days;
(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is
discharged from the hospital, but not for more than 180
days; and
(C) while awaiting retirement, beginning on the date
the officer is detached from duty and ending on the day
before the officer's retirement, but not for more than
60 days.
(c)(1) An appointment of an officer under subsection (a) does
not vacate the permanent grade held by the officer.
(2) An officer serving in a grade above rear admiral who
holds the permanent grade of rear admiral (lower half) shall be
considered for promotion to the permanent grade of rear admiral
as if the officer was serving in the officer's permanent grade.
(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of
the qualifications needed by an officer serving in that
position or office to carry out effectively the duties and
responsibilities of that position or office.
* * * * * * *
Sec. 51. Retirement
[(a) An officer who, while serving in the grade of vice
admiral, is retired for physical disability shall be placed on
the retired list with the grade of vice admiral.
[(b) An officer who is retired while serving in the grade of
vice admiral, or who, after serving at least two and one-half
years in the grade of vice admiral, is retired while serving in
a lower grade, may in the discretion of the President, be
retired with the grade of vice admiral.
[(c) An officer who, after serving less than two and one-half
years in the grade of vice admiral, is retired while serving in
a lower grade, shall be retired in his permanent grade.]
(a) An officer, other than the Commandant, who, while serving
in the grade of admiral or vice admiral, is retired for
physical disability shall be placed on the retired list with
the highest grade in which that officer served.
(b) An officer, other than the Commandant, who is retired
while serving in the grade of admiral or vice admiral, or who,
after serving at least 2\1/2\ years in the grade of admiral or
vice admiral, is retired while serving in a lower grade, may in
the discretion of the President, be retired with the highest
grade in which that officer served.
(c) An officer, other than the Commandant, who, after serving
less than 2\1/2\ years in the grade of admiral or vice admiral,
is retired while serving in a lower grade, shall be retired in
his permanent grade.
(d) An officer serving in the grade of admiral or vice
admiral shall continue to hold that grade--
(1) * * *
(2) while awaiting retirement, beginning on the day
that officer is relieved from the position of
Commandant, Vice Commandant, [Area Commander, or Chief
of Staff] or Vice Admiral and ending on the day before
the officer's retirement, but not for more than 60
days.
[Sec. 52. Vice admirals, continuity of grade]
Sec. 52. Vice admirals and admiral, continuity of grade
The continuity of an officer's precedence on the active duty
promotion list, date of rank, grade, pay, and allowances as a
vice admiral or admiral shall not be interrupted by the
termination of an appointment for the purpose of reappointment
to another position as a vice admiral or admiral.
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
Sec.
81. Aids to navigation authorized.
* * * * * * *
99. Marine safety workforce.
* * * * * * *
Sec. 99. Marine safety workforce
(a) Marine Safety Workforce.--The Secretary, acting through
the Commandant--
(1) shall designate a sufficient number of positions
to be in the Coast Guard's marine safety workforce to
perform vessel inspections and marine casualty
investigations; and
(2) shall ensure that a sufficient number of fully
qualified officers, members, and civilian employees of
the Coast Guard are assigned to those positions.
(b) Career Paths.--The Secretary, acting through the
Commandant, shall ensure that appropriate career paths for an
officer, member, or civilian employee of the Coast Guard who
wishes to pursue a career in marine safety are identified in
terms of the education, training, experience, and assignments
necessary for career progression to the most senior marine
safety positions. The Secretary shall make available published
information on such career paths.
(c) Qualifications.--With regard to the marine safety
workforce, an officer, member, or civilian employee of the
Coast Guard assigned as a--
(1) marine inspector shall have the training,
experience, and qualifications equivalent to that
required for a similar position at a classification
society recognized by the Secretary under section 3316
of title 46 for the type of vessel, system, or
equipment that is inspected;
(2) marine casualty investigator shall have training,
experience, and qualifications in investigation, marine
casualty reconstruction, evidence collection and
preservation, human factors, and documentation using
best investigation practices by Federal and non-Federal
entities;
(3) marine safety engineer shall have knowledge,
skill, and practical experience in--
(A) the construction and operation of
commercial vessels;
(B) judging the character, strength,
stability, and safety qualities of such vessels
and their equipment; or
(C) the qualifications and training of vessel
personnel; or
(4) marine inspector inspecting mobile offshore
drilling units shall have knowledge, skill, and
practical experience in--
(A) Federal, State, and international law
compliance;
(B) personnel training;
(C) drilling operations;
(D) mobile offshore drilling unit and
maritime safety;
(E) the effect of weather on mobile offshore
drilling unit safety and operations;
(F) ship handling and positioning; and
(G) emergency procedures.
(d) Apprenticeship Requirements.--
(1) In general.--An officer, member, or civilian
employee of the Coast Guard in training to become a
marine inspector, marine casualty investigator, or a
marine safety engineer shall serve a minimum of one-
year apprenticeship, unless otherwise directed by the
Commandant, under the guidance of a qualified marine
inspector (including an inspector of mobile offshore
drilling units), marine casualty investigator, or
marine safety engineer. The Commandant may authorize
shorter apprenticeship periods for certain
qualifications, as appropriate.
(2) Highly specialized vessels.--
(A) In general.--In addition to the
requirement under paragraph (1), any officer,
member, or employee of the Coast Guard assigned
as a marine inspector or marine casualty
investigator with responsibility for inspecting
or responding to casualties involving highly
specialized vessels must have served a minimum
of 6 months apprenticeship with those vessels.
(B) Highly specialized vessels defined.--In
this paragraph the term ``highly specialized
vessel'' includes mobile offshore drilling
units, tank vessels, and vessels carrying
certain dangerous cargoes as defined by the
Commandant.
* * * * * * *
CHAPTER 11--PERSONNEL
Officers
a. appointments
Sec.
211. Original appointment of permanent commissioned officers.
* * * * * * *
GENERAL PROVISIONS
* * * * * * *
426. Emergency leave retention authority.
* * * * * * *
OFFICERS
* * * * * * *
D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS
* * * * * * *
Sec. 290. Rear admirals and rear admirals (lower half); continuation on
active duty; involuntary retirement
(a) The Secretary shall from time to time convene boards to
recommend for continuation on active duty the most senior
officers on the active duty promotion list serving in the grade
of rear admiral (lower half) or rear admiral who have not
previously been considered for continuation in that grade.
[Officers serving for the time being or who have served in the
grade of vice admiral are not subject to consideration for
continuation under this subsection, and as to all other
provisions of this section shall be considered as having been
continued in the grade of rear admiral.] Officers, other than
the Commandant, serving for the time being or who have served
in the grade of vice admiral or admiral are not subject to
consideration for continuation under this subsection, and as to
all other provisions of this section shall be considered as
having been continued at the grade of rear admiral. A board
shall consist of at least five officers serving in the grade of
vice admiral or as rear admirals previously continued. Boards
shall be convened frequently enough to assure that each officer
serving in the grade of rear admiral (lower half) or rear
admiral is subject to consideration for continuation during a
promotion year in which that officer completes not less than
four or more than five years combined service in the grades of
rear admiral (lower half) and rear admiral.
* * * * * * *
GENERAL PROVISIONS
* * * * * * *
Sec. 426. Emergency leave retention authority
(a) In General.--A duty assignment for an active duty member
of the Coast Guard in support of a declaration of a major
disaster or emergency by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) or in response to a spill of national
significance shall be treated, for the purpose of section
701(f)(2) of title 10, as a duty assignment in support of a
contingency operation.
(b) Definitions.--In this section:
(1) Spill of national significance.--The term ``spill
of national significance'' means a discharge of oil or
a hazardous substance that is declared by the
Commandant to be a spill of national significance.
(2) Discharge.--The term ``discharge'' has the
meaning given that term in section 1001 of the Oil
Pollution Act of 1990 (33 U.S.C. 2701).
* * * * * * *
----------
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE III--STANDARDS AND ENFORCEMENT
* * * * * * *
FEDERAL ENFORCEMENT
Sec. 309. (a) * * *
* * * * * * *
(g) Administrative Penalties.--
(1) * * *
* * * * * * *
(6) Effect of order.--
(A) Limitation on actions under other
sections.--Action taken by the Administrator or
the Secretary, as the case may be, under this
subsection shall not affect or limit the
Administrator's or Secretary's authority to
enforce any provision of this Act; except that
any violation--
(i) * * *
* * * * * * *
shall not be the subject of a civil penalty
action under subsection (d) of this section [or
section 311(b)] or section 505 of this Act.
* * * * * * *
OIL AND HAZARDOUS SUBSTANCE LIABILITY
Sec. 311. (a) * * *
(b)(1) * * *
* * * * * * *
(6) Administrative penalties.--
(A) Violations.--Any owner, operator, or person in
charge of any vessel, onshore facility, or offshore
facility--
(i) from which oil or a hazardous substance
is discharged in violation of [paragraph (3),
or] paragraph (3),
(ii) who fails to provide notice to the
appropriate Federal agency pursuant to
paragraph (5), or
[(ii)] (iii) who fails or refuses to comply
with [any regulation] any order or action
required by the President under subsection (c)
or (e) or any regulation issued under
subsection (j) to which that owner, operator,
or person in charge is subject,
may be assessed a class I or class II civil penalty by
the Secretary of the department in which the Coast
Guard is operating, the Secretary of Transportation, or
the Administrator. Whenever the President delegates the
authority to issue regulations under subsection (j),
the agency that issues regulations pursuant to that
authority shall have the authority to assess a civil
penalty in accordance with this section for violations
of such regulations.
(B) Classes of penalties.--
(i) Class i.--The amount of a class I civil
penalty under subparagraph (A) may not exceed
[$10,000] $100,000 per violation, except that
the maximum amount of any class I civil penalty
under this subparagraph shall not exceed
[$25,000] $250,000. Before assessing a civil
penalty under this clause, the Administrator or
Secretary, as the case may be, shall give to
the person to be assessed such penalty written
notice of the Administrator's or Secretary's
proposal to assess the penalty and the
opportunity to request, within 30 days of the
date the notice is received by such person, a
hearing on the proposed penalty. Such hearing
shall not be subject to section 554 or 556 of
title 5, United States Code, but shall provide
a reasonable opportunity to be heard and to
present evidence.
(ii) Class ii.--The amount of a class II
civil penalty under subparagraph (A) may not
exceed [$10,000] $100,000 per day for each day
during which the violation continues; except
that the maximum amount of any class II civil
penalty under this subparagraph shall not
exceed [$125,000] $1,000,000. Except as
otherwise provided in this subsection, a class
II civil penalty shall be assessed and
collected in the same manner, and subject to
the same provisions, as in the case of civil
penalties assessed and collected after notice
and opportunity for a hearing on the record in
accordance with section 554 of title 5, United
States Code. The Administrator and Secretary
may issue rules for discovery procedures for
hearings under this paragraph.
* * * * * * *
(7) Civil penalty action.--
(A) Discharge, generally.--Any person who is the
owner, operator, or person in charge of any vessel,
onshore facility, or offshore facility from which oil
or a hazardous substance is discharged in violation of
paragraph (3), shall be subject to a civil penalty in
an amount up to [$25,000] $100,000 per day of violation
or an amount up to [$1,000] $2,500 per barrel of oil or
unit of reportable quantity of hazardous substances
discharged.
(B) Failure to remove or comply.--Any person
[described in subparagraph (A)] who, without sufficient
cause--
(i) fails to properly [carry out removal of
the discharge under an order of the President
pursuant to subsection (c); or] comply with any
action required by the President pursuant to
subsection (c),
(ii) fails to provide notice to the
appropriate Federal agency pursuant to
paragraph (5), or
[(ii)] (iii) fails to comply with an order
pursuant to subsection (e)[(1)(B)];
shall be subject to a civil penalty in an amount up to
[$25,000] $100,000 per day of violation or an amount up
to 3 times the costs incurred by the Oil Spill
Liability Trust Fund as a result of such failure.
(C) Failure to comply with regulation.--Any person
who fails or refuses to comply with any regulation
issued under subsection (j) shall be subject to a civil
penalty in an amount up to [$25,000] $100,000 per day
of violation. Whenever the President delegates the
authority to issue regulations under subsection (j),
the agency that issues regulations pursuant to that
authority shall have the authority to order injunctive
relief or assess a civil penalty in accordance with
this section for violations of such regulations and the
authority to refer the matter to the Attorney General
for action under subparagraph (E).
(D) Gross negligence.--In any case in which a
violation of paragraph (3) was the result of gross
negligence or willful misconduct of a person described
in subparagraph (A), the person shall be subject to a
civil penalty of not less than [$100,000] $1,000,000,
and not more than [$3,000] $7,500 per barrel of oil or
unit of reportable quantity of hazardous substance
discharged.
(E) Jurisdiction.--An action to impose a civil
penalty under this paragraph may be brought in the
district court of the United States for the district in
which the defendant is located, resides, or is doing
business, and such court shall have jurisdiction to
assess such penalty. The court may award appropriate
relief, including a temporary or permanent injunction,
civil penalties, compliance requirements, and punitive
damages.
* * * * * * *
(13) Tracking database.--
(A) In general.--The President shall create a
database to track all discharges of oil or hazardous
substances--
(i) into the waters of the United States,
adjoining shorelines, or into or upon the
waters of the contiguous zone;
(ii) in connection with activities under the
Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.) or the Deepwater Port Act of 1974
(33 U.S.C. 1501 et seq.); or
(iii) which may affect natural resources
belonging to, appertaining to, or under the
exclusive management authority of the United
States (including resources under the Fishery
Conservation and Management Act of 1976 (16
U.S.C. 1801 et seq.)).
(B) Requirements.--The database shall--
(i) include--
(I) the name of the vessel or
facility;
(II) the name of the owner, operator,
or person in charge of the vessel or
facility;
(III) the date of the discharge;
(IV) the volume of the discharge;
(V) the location of the discharge,
including an identification of any
receiving waters that are or could be
affected by the discharge;
(VI) a record of any determination of
a violation of this section or section
1002 of the Oil Pollution Act of 1990
(33 U.S.C. 2702);
(VII) a record of any administrative
or enforcement action taken against the
owner, operator, or person in charge;
and
(VIII) any additional information
that the President determines
necessary;
(ii) use data provided by the Environmental
Protection Agency, the Coast Guard, the
Pipeline and Hazardous Materials Safety
Administration, and other appropriate Federal
agencies;
(iii) use data protocols developed and
managed by the Environmental Protection Agency;
and
(iv) be publicly accessible, including by
electronic means.
(c) Federal Removal Authority.--
(1) General removal requirement.--(A) * * *
(B) In carrying out this paragraph, the President
may--
(i) * * *
(ii) direct or [monitor all] monitor,
including through the use of an administrative
order, all Federal, State, and private actions
to remove a discharge; and
* * * * * * *
(d) National Contingency Plan.--
(1) * * *
(2) Contents.--The National Contingency Plan shall
provide for efficient, coordinated, and effective
action to minimize damage from oil and hazardous
substance discharges, including containment, dispersal,
and removal of oil and hazardous substances, and shall
include, but not be limited to, the following:
(A) * * *
* * * * * * *
(N) Guidelines regarding the use of
containment booms to contain a discharge of oil
or a hazardous substance, including
identification of quantities of containment
booms likely to be needed, available sources of
containment booms, and best practices for
containment boom placement, monitoring, and
maintenance.
* * * * * * *
(5) Schedule for use of dispersants, other chemicals,
and other spill mitigating devices and substances.--
(A) Rulemaking.--Not later than 15 months
after the date of enactment of this paragraph,
the President, acting through the
Administrator, after providing notice and an
opportunity for public comment, shall issue a
revised regulation for the development of the
schedule for the use of dispersants, other
chemicals, and other spill mitigating devices
and substances developed under paragraph (2)(G)
in a manner that is consistent with the
requirements of this paragraph and shall modify
the existing schedule to take into account the
requirements of the revised regulation.
(B) Schedule listing requirements.--In
issuing the regulation under subparagraph (A),
the Administrator shall--
(i) with respect to dispersants,
other chemicals, and other spill
mitigating substances included or
proposed to be included on the schedule
under paragraph (2)(G)--
(I) establish minimum
toxicity and efficacy testing
criteria, taking into account
the results of the study
carried out under subparagraph
(C);
(II) provide for testing or
other verification (independent
from the information provided
by an applicant seeking the
inclusion of such dispersant,
chemical, or substance on the
schedule) related to the
toxicity and effectiveness of
such dispersant, chemical, or
substance;
(III) establish a framework
for the application of any such
dispersant, chemical, or
substance, including--
(aa) quantity
restrictions or
application conditions;
(bb) the quantity
thresholds for which
consultation with and
approval by the
Regional Response Team
and the Federal On-
Scene Coordinator is
required;
(cc) the criteria to
be used to develop the
appropriate maximum
quantity of any such
dispersant, chemical,
or substance that the
Administrator
determines may be used,
both on a daily and
cumulative basis; and
(dd) a ranking, by
geographic area, of any
such dispersant,
chemical, or substance
based on a combination
of its effectiveness
for each type of oil
and its level of
toxicity;
(IV) establish a requirement
that the volume of oil or
hazardous substance discharged,
and the volume and location of
any such dispersant, chemical,
or substance used, be measured
and made publicly available;
(V) notwithstanding any other
provision of law, require the
public disclosure of the
specific chemical identity,
including the chemical and
common name of any ingredients
contained in, and specific
chemical formulas or mixtures
of, any such dispersant,
chemical, or substance; and
(VI) in addition to existing
authority, expressly provide a
mechanism for the delisting of
any such dispersant, chemical,
or substance based on any
information made available to
the Administrator that
demonstrates that such
dispersant, chemical, or
substance poses a significant
risk to or impact on human
health or the environment;
(ii) with respect to a dispersant,
other chemical, and other spill
mitigating substance not specifically
identified on the schedule, and prior
to the use of such dispersant,
chemical, or substance in accordance
with paragraph (2)(G), establish--
(I) the minimum toxicity and
efficacy levels for such
dispersant, chemical, or
substance;
(II) the information,
including the specific chemical
identity, formula, and
mixtures, on such dispersant,
other chemical, or other spill
mitigating substance that shall
be made publicly available; and
(III) such additional
information as the
Administrator determines
necessary; and
(iii) with respect to other spill
mitigating devices included or proposed
to be included on the schedule under
paragraph (2)(G)--
(I) require the manufacturer
of such device to carry out a
study of the risks and
effectiveness of the device
according to guidelines
developed and published by the
Administrator; and
(II) in addition to existing
authority, expressly provide a
mechanism for the delisting of
any such device based on any
information made available to
the Administrator that
demonstrates that such device
poses a significant risk to or
impact on human health or the
environment.
(C) Study.--
(i) In general.--Not later than 3
months after the date of enactment of
this paragraph, the Administrator shall
initiate a study of the potential risks
and impacts to human health and the
environment, including acute and
chronic risks, from the use of
dispersants, other chemicals, and other
spill mitigating substances, if any,
that may be used to carry out the
National Contingency Plan, including an
assessment of such risks and impacts--
(I) on a representative
sample of biota and types of
oil from locations where such
dispersants, chemicals, or
substances may potentially be
used;
(II) on human health,
including individuals most
likely to come into contact
with such dispersants,
chemicals, or substances, such
as oil spill response action
workers; and
(III) that result from any
by-products created from the
use of such dispersants,
chemicals, or substances.
(ii) Information from
manufacturers.--
(I) In general.--In
conjunction with the study
authorized by clause (i), the
Administrator shall determine
the requirements for
manufacturers of dispersants,
chemicals, or substances to
evaluate the potential risks
and impacts to human health and
the environment, including
acute and chronic risks,
associated with the use of the
dispersants, chemicals, or
substances and any byproducts
generated by such use and to
provide the details of such
evaluation as a condition for
listing on the schedule
according to guidelines
developed and published by the
Administrator.
(II) Minimum requirements for
evaluation.--Any evaluation
carried out by a manufacturer
under this clause shall
include--
(aa) information on
the oils and locations
where such dispersants,
chemicals, or
substances may
potentially be used;
(bb) an evaluation of
the variety of
different dispersants,
chemicals, or
substances that may be
used in a response; and
(cc) an assessment of
application and impacts
from subsea use of the
dispersant, chemical,
or substance, including
the potential long term
effects of such use.
(D) Periodic revisions.--
(i) In general.--Not later than 5
years after the date of the issuance of
the regulation under this paragraph,
and at least once every 5 years
thereafter, the Administrator shall
review the schedule for the use of
dispersants, other chemicals, and other
spill mitigating devices and substances
that may be used to carry out the
National Contingency Plan and update or
revise the schedule, as necessary, to
ensure the protection of human health
and the environment.
(ii) Effectiveness.--The
Administrator shall ensure, to the
maximum extent practicable, that each
update or revision to the schedule
increases the minimum effectiveness
value necessary for listing a
dispersant, other chemical, or other
spill mitigating device or substance on
the schedule.
(E) Approval of use and application of
dispersants.--
(i) In general.--In issuing the
regulation under subparagraph (A), the
Administrator shall require the
approval of the Federal On-Scene
Coordinator, in coordination with the
Administrator, for all uses of a
dispersant, other chemical, or other
spill mitigating substance in any
removal action, including--
(I) any such dispersant,
chemical, or substance that is
included on the schedule
developed pursuant to this
subsection; or
(II) any dispersant,
chemical, or other substance
that is included as part an
approved area contingency plan
or response plan developed
under this section.
(ii) Repeal.--Any part of section
300.910 of title 40, Code of Federal
Regulations, that is inconsistent with
this paragraph is hereby repealed.
(6) Review of and development of criteria for
evaluating response plans.--
(A) Review.--Not later than 6 months after
the date of enactment of this paragraph, the
President shall review the procedures and
standards developed under paragraph (2)(J) to
determine their sufficiency in ceasing and
removing a worst case discharge of oil or
hazardous substances, and for mitigating or
preventing a substantial threat of such a
discharge.
(B) Rulemaking.--Not later than 1 year after
the date of enactment of this paragraph, the
President, after providing notice and an
opportunity for public comment, shall undertake
a rulemaking to--
(i) revise the procedures and
standards for ceasing and removing a
worst case discharge of oil or
hazardous substances, and for
mitigating or preventing a substantial
threat of such a discharge; and
(ii) develop a metric for evaluating
the National Contingency Plan, Area
Contingency Plans, and tank vessel,
nontank vessel, and facility response
plans consistent with the procedures
and standards developed pursuant to
this paragraph.
* * * * * * *
(j) National Response System.--
(1) * * *
* * * * * * *
(4) Area committees and area contingency plans.--(A)
* * *
* * * * * * *
(C) Each Area Committee shall prepare and submit to
the President for approval an Area Contingency Plan for
its area. The Area Contingency Plan shall--
(i) * * *
* * * * * * *
(iv) list the equipment [(including
firefighting equipment)] (including
firefighting equipment and containment booms),
dispersants or other mitigating substances and
devices, and personnel available to an owner or
operator and Federal, State, and local
agencies, to ensure an effective and immediate
removal of a discharge, and to ensure
mitigation or prevention of a substantial
threat of a discharge;
* * * * * * *
(5) Tank vessel, nontank vessel, and facility
response plans.--(A)(i) * * *
* * * * * * *
(iii) In issuing the regulations under this
paragraph, the President shall ensure that--
(I) the owner, operator, or person in charge
of a tank vessel, nontank vessel, or offshore
facility described in subparagraph (C) will not
be considered to have complied with this
paragraph until the owner, operator, or person
in charge submits a plan under clause (i) or
(ii), as appropriate, to the Secretary of the
department in which the Coast Guard is
operating, or the Administrator, with respect
to such offshore facilities as the President
may designate, and the Secretary or
Administrator, as appropriate, determines and
notifies the owner, operator, or person in
charge that the plan, if implemented, will
provide an adequate response to a worst case
discharge of oil or a hazardous substance or a
substantial threat of such a discharge; and
(II) the owner, operator, or person in charge
of an onshore facility described in
subparagraph (C)(iv) will not be considered to
have complied with this paragraph until the
owner, operator, or person in charge submits a
plan under clause (i) either to the Secretary
of Transportation, with respect to
transportation-related onshore facilities, or
the Administrator, with respect to all other
onshore facilities, and the Secretary or
Administrator, as appropriate, determines and
notifies the owner, operator, or person in
charge that the plan, if implemented, will
provide an adequate response to a worst-case
discharge of oil or a hazardous substance or a
substantial threat of such a discharge.
(iv)(I) The Secretary of the department in which the
Coast Guard is operating, the Secretary of
Transportation, or the Administrator, as appropriate,
shall require that a plan submitted to the Secretary or
Administrator for a vessel or facility under clause
(iii)(I) or (iii)(II) by an owner, operator, or person
in charge--
(aa) contain a probabilistic risk analysis
for all critical engineered systems of the
vessel or facility; and
(bb) adequately address all risks identified
in the risk analysis.
(II) The Secretary or Administrator, as appropriate,
shall require that a risk analysis developed under
subclause (I) include, at a minimum, the following:
(aa) An analysis of human factors risks,
including both organizational and management
failure risks.
(bb) An analysis of technical failure risks,
including both component technologies and
integrated systems risks.
(cc) An analysis of interactions between
humans and critical engineered systems.
(dd) Quantification of the likelihood of
modes of failure and potential consequences.
(ee) A description of methods for reducing
known risks.
(III) The Secretary or Administrator, as appropriate,
shall require an owner, operator, or person in charge
that develops a risk analysis under subclause (I) to
make the risk analysis available to the public.
* * * * * * *
[(E) With respect to any response plan submitted
under this paragraph for an onshore facility that,
because of its location, could reasonably be expected
to cause significant and substantial harm to the
environment by discharging into or on the navigable
waters or adjoining shorelines or the exclusive
economic zone, and with respect to each response plan
submitted under this paragraph for a tank vessel,
nontank vessel, or offshore facility, the President
shall--
[(i) promptly review such response plan;
[(ii) require amendments to any plan that
does not meet the requirements of this
paragraph;
[(iii) approve any plan that meets the
requirements of this paragraph;
[(iv) review each plan periodically
thereafter; and
[(v) in the case of a plan for a nontank
vessel, consider any applicable State-mandated
response plan in effect on the date of the
enactment of the Coast Guard and Maritime
Transportation Act of 2004 and ensure
consistency to the extent practicable.]
(E) With respect to any response plan submitted under
this paragraph for an onshore facility that, because of
its location, could reasonably be expected to cause
significant and substantial harm to the environment by
discharging into or on the navigable waters or
adjoining shorelines or the exclusive economic zone,
and with respect to each response plan submitted under
this paragraph for a tank vessel, nontank vessel, or
offshore facility, the President shall--
(i) promptly review the response plan;
(ii) verify that the response plan complies
with subparagraph (A)(iv), relating to risk
analyses;
(iii) with respect to a plan for an offshore
or onshore facility or a tank vessel that
carries liquefied natural gas, provide an
opportunity for public notice and comment on
the response plan;
(iv) taking into consideration any public
comments received and other appropriate
factors, as determined by the President,
require revisions to the response plan;
(v) approve, approve with revisions, or
disapprove the response plan;
(vi) review the response plan periodically
thereafter, and if applicable requirements are
not met, acting through the head of the
appropriate Federal department or agency--
(I) issue administrative orders
directing the owner, operator, or
person in charge to comply with the
response plan or any regulation issued
under this section; or
(II) assess civil penalties or
conduct other appropriate enforcement
actions in accordance with subsections
(b)(6), (b)(7), and (b)(8) for failure
to develop, submit, receive approval
of, adhere to, or maintain the
capability to implement the response
plan, or failure to comply with any
other requirement of this section;
(vii) acting through the head of the
appropriate Federal department or agency,
require, at a minimum, biennial inspections
conducted by such agency of the tank vessel,
nontank vessel, or facility to ensure
compliance with the response plan or identify
deficiencies in such plan;
(viii) acting through the head of the
appropriate Federal department or agency, make
the response plan available to the public,
including on the Internet; and
(ix) in the case of a plan for a nontank
vessel, consider any applicable State-mandated
response plan in effect on the date of
enactment of the Coast Guard and Maritime
Transportation Act of 2004 and ensure
consistency to the extent practicable.
* * * * * * *
(G) Notwithstanding subparagraph (E), the President
may authorize [a tank vessel, nontank vessel, offshore
facility, or onshore facility] a nontank vessel to
operate without a response plan approved under this
paragraph, until not later than 2 years after the date
of the submission to the President of a plan for the
[tank vessel, nontank vessel, or facility] nontank
vessel, if the owner or operator certifies that the
owner or operator has ensured by contract or other
means approved by the President the availability of
private personnel and equipment necessary to respond,
to the maximum extent practicable, to a worst case
discharge or a substantial threat of such a discharge.
A mobile offshore drilling unit, as such term is
defined in section 1001 of the Oil Pollution Act of
1990 (33 U.S.C. 2701), is not eligible to operate
without a response plan approved under this section.
* * * * * * *
(J) Not later than 2 years after the date of
enactment of this subparagraph, and biennially
thereafter, the President, acting through the
Administrator, the Secretary of the department in which
the Coast Guard is operating, and the Secretary of
Transportation, shall submit to Congress a report
containing the following information for each owner,
operator, or person in charge that submitted a response
plan for a tank vessel, nontank vessel, or other
facility under this paragraph:
(i) The number of response plans approved,
disapproved, or approved with revisions under
subparagraph (E) annually for tank vessels,
nontank vessels, and facilities of the owner,
operator, or person in charge.
(ii) The number of inspections conducted
under subparagraph (E) annually for tank
vessels, nontank vessels, and facilities of the
owner, operator, or person in charge.
(iii) A summary of each administrative or
enforcement action taken with respect each tank
vessel, nontank vessel, and facility of the
owner, operator, or person in charge, including
a description of the violation, the date of
violation, the amount of each penalty proposed,
and the final assessment of each penalty and an
explanation for any reduction in a penalty.
* * * * * * *
(9) Oil and hazardous substance cleanup
technologies.--The President, acting through the
Secretary of the department in which the Coast Guard is
operating, shall--
(A) in coordination with the heads of other
appropriate Federal agencies, establish a
process for--
(i) quickly and effectively
soliciting, assessing, and deploying
offshore oil and hazardous substance
cleanup technologies in the event of a
discharge or substantial threat of a
discharge of oil or a hazardous
substance in United States waters; and
(ii) effectively coordinating with
other appropriate agencies, industry,
academia, small businesses, and others
to ensure the best technology available
is implemented in the event of such a
discharge or threat; and
(B) in coordination with the heads of other
appropriate Federal agencies, maintain a
database on best available oil and hazardous
substance cleanup technologies in the event of
a discharge or substantial threat of a
discharge of oil or a hazardous substance in
United States waters.
[(l) The President]
(l) Delegation and Implementation.--
(1) Delegation.--The President is authorized to
delegate the administration of this section to the
heads of those Federal departments, agencies, and
instrumentalities which he determines to be
appropriate. Each such department, agency, and
instrumentality, in order to avoid duplication of
effort, shall, whenever appropriate, utilize the
personnel, services, and facilities of other Federal
departments, agencies, and instrumentalities.
(2) Environmental protection agency.--
(A) In general.--The President shall delegate
the responsibilities under subparagraph (B) to
the Administrator.
(B) Responsibilities.--The Administrator
shall ensure that Environmental Protection
Agency personnel develop and maintain
operational capability--
(i) for effective inspection,
monitoring, prevention, preparedness,
and response authorities related to the
discharge or substantial threat of a
discharge of oil or a hazardous
substance;
(ii) to protect human health and
safety from impacts of a discharge or
substantial threat of a discharge of
oil or a hazardous substance;
(iii) to review and approve of,
disapprove of, or require revisions (if
necessary) to onshore facility response
plans and to carry out all other
responsibilities under subsection
(j)(5)(E); and
(iv) to protect the environment and
natural resources from impacts of a
discharge or substantial threat of a
discharge of oil or a hazardous
substance.
(3) Coast guard.--
(A) In general.--The President shall delegate
the responsibilities under subparagraph (B) to
the Secretary of the department in which the
Coast Guard is operating.
(B) Responsibilities.--The Secretary shall
ensure that Coast Guard personnel develop and
maintain operational capability--
(i) to establish and enforce
regulations and standards for
procedures, methods, equipment, and
other requirements to prevent and to
contain a discharge of oil or a
hazardous substance from a tank vessel,
nontank vessel, or offshore facility;
(ii) to establish and enforce
regulations, and to carry out all other
responsibilities, under subsection
(j)(5)(A);
(iii) to review and approve of,
disapprove of, or require revisions (if
necessary) to tank vessel, nontank
vessel, and offshore facility response
plans and to carry out all other
responsibilities under subsection
(j)(5)(E);
(iv) for effective inspection,
monitoring, prevention, preparedness,
and response authorities related to the
discharge or substantial threat of a
discharge of oil or a hazardous
substance from a tank vessel, nontank
vessel, or offshore facility;
(v) to protect the public from
impacts of a discharge or substantial
threat of a discharge of oil or a
hazardous substance in United States
waters; and
(vi) to protect the environment and
natural resources from impacts of a
discharge or substantial threat of a
discharge of oil or a hazardous
substance in United States waters.
(C) Role as first responder.--
(i) In general.--The responsibilities
delegated to the Secretary under
subparagraph (B) shall be sufficient to
allow the Coast Guard to act as a first
responder to a discharge or substantial
threat of a discharge of oil or a
hazardous substance from a tank vessel,
nontank vessel, or offshore facility.
(ii) Capabilities.--The President
shall ensure that the Coast Guard has
sufficient personnel and resources to
act as a first responder as described
in clause (i), including the resources
necessary for on-going training of
personnel, acquisition of equipment
(including containment booms,
dispersants, and skimmers), and
prepositioning of equipment.
(D) Contracts.--The Secretary may enter into
contracts with private and nonprofit
organizations for personnel and equipment in
carrying out the responsibilities delegated to
the Secretary under subparagraph (B).
(4) Department of transportation.--
(A) In general.--The President shall delegate
the responsibilities under subparagraph (B) to
the Secretary of Transportation.
(B) Responsibilities.--The Secretary of
Transportation shall--
(i) establish and enforce regulations
and standards for procedures, methods,
equipment, and other requirements to
prevent and to contain discharges of
oil and hazardous substances from
transportation-related onshore
facilities;
(ii) have the authority to review and
approve of, disapprove of, or require
revisions (if necessary) to
transportation-related onshore facility
response plans and to carry out all
other responsibilities under subsection
(j)(5)(E); and
(iii) ensure that Department of
Transportation personnel develop and
maintain operational capability--
(I) for effective inspection,
monitoring, prevention,
preparedness, and response
authorities related to the
discharge or substantial threat
of a discharge of oil or a
hazardous substance from a
transportation-related onshore
facility;
(II) to protect the public
from the impacts of a discharge
or substantial threat of a
discharge of oil or a hazardous
substance from a
transportation-related onshore
facility; and
(III) to protect the
environment and natural
resources from the impacts of a
discharge or substantial threat
of a discharge of oil or a
hazardous substance from a
transportation-related onshore
facility.
(m) Administrative Provisions.--
(1) * * *
(2) For facilities.--
(A) Recordkeeping.--Whenever required to
carry out the purposes of this section, the
Administrator, the Secretary of Transportation,
or the Secretary of the Department in which the
Coast Guard is operating shall require the
owner or operator of a facility to which this
section applies to establish and maintain such
records, make such reports, install, use, and
maintain such monitoring equipment and methods,
and provide such other information as the
Administrator or Secretary, as the case may be,
may require to carry out the objectives of this
section.
(B) Entry and inspection.--Whenever required
to carry out the purposes of this section, the
Administrator, the Secretary of Transportation,
or the Secretary of the Department in which the
Coast Guard is operating or an authorized
representative of the Administrator or
Secretary, upon presentation of appropriate
credentials, may--
(i) * * *
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
GENERAL DEFINITIONS
Sec. 502. Except as otherwise specifically provided, when
used in this Act:
(1) * * *
* * * * * * *
[(24) Oil and gas exploration and production.--The
term ``oil and gas exploration, production, processing,
or treatment operations or transmission facilities''
means all field activities or operations associated
with exploration, production, processing, or treatment
operations, or transmission facilities, including
activities necessary to prepare a site for drilling and
for the movement and placement of drilling equipment,
whether or not such field activities or operations may
be considered to be construction activities.]
[(25)] (24) Recreational vessel.--
(A) * * *
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
Subtitle VIII--Pipelines
* * * * * * *
CHAPTER 601--SAFETY
Sec.
60101. Definitions.
* * * * * * *
60138. Safety of transportation-related offshore platforms.
* * * * * * *
Sec. 60108. Inspection and maintenance
(a) * * *
* * * * * * *
(e) Disaster Damage Notification and Assessment.--
(1) Notification required.--In the event of a manmade
or natural disaster, the operator of a pipeline
facility in an affected location shall notify the
Secretary not later than 12 hours after the cessation
of the disaster, as determined by the Secretary, or an
earlier time determined appropriate by the Secretary,
of any changes to the operational status of the
pipeline facility, including information concerning
physical damages, releases of highly volatile liquid,
other hazardous liquid, or gas, disruptions in service,
and projected dates for return to service.
(2) Preparation of damage assessments.--Not later
than 30 days after the cessation of a manmade or
natural disaster, as determined by the Secretary, the
operator of a pipeline facility in an affected location
shall develop and transmit to the Secretary a written
damage assessment. The damage assessment, at a minimum,
shall--
(A) identify any physical damage to the
pipeline facility and any other credible threat
or hazard to the pipeline facility;
(B) assess the extent of any physical damage
to the pipeline facility and any other credible
threat or hazard to the pipeline facility;
(C) evaluate the integrity of the pipeline
facility;
(D) if necessary, provide a schedule for
repairing or abandoning the pipeline facility;
and
(E) meet any other requirements the Secretary
determines are appropriate by regulation.
(3) Abandonment.--An operator of a pipeline facility
shall notify the Secretary promptly if the operator
determines that the pipeline facility must be abandoned
as a result of a manmade or natural disaster.
(4) Other.--An operator of a pipeline facility shall
retain, and make available to the Secretary on request,
a copy of any report prepared under this subsection for
at least 5 years.
(5) Definitions.--In this subsection, the following
definitions apply:
(A) Abandon.--The term ``abandon'' means
permanently remove from service.
(B) Affected location.--The term ``affected
location'' means any area directly or
substantially affected by a manmade or natural
disaster, as determined by the Secretary.
(C) Manmade or natural disaster.--The term
``manmade or natural disaster'' means any
hurricane, tornado, tidal wave, tsunami,
earthquake, volcanic eruption, or, regardless
of cause, any fire, flood, or explosion, or any
similar catastrophe in the United States that
causes, or may cause, substantial damage or
injury to persons, property, or the
environment, as determined by the Secretary.
* * * * * * *
Sec. 60138. Safety of transportation-related offshore platforms
(a) In General.--The Secretary of Transportation shall
conduct an analysis of the adequacy of existing regulations and
standards for the safety of transportation-related offshore
platforms and the impact of the integrity of such platforms on
pipeline safety.
(b) Consultation.--In carrying out subsection (a), the
Secretary may consult with any agency, organization, or person
with expertise in the design, construction, testing, operation,
or maintenance of offshore platforms.
(c) Report to Congress.--Not later than 24 months after the
date of enactment of this section, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing
the results of the analysis conducted under subsection (a). The
report shall include any recommendations the Secretary may have
for addressing the safety or integrity of transportation-
related offshore platforms, including any recommendations for
legislative or regulatory action.
(d) Transportation-Related Offshore Platform Defined.--In
this section, the term ``transportation-related offshore
platform'' means any platform--
(1) located beyond the shoreline of the United States
in State or Federal waters;
(2) used for transporting gas or hazardous liquid;
and
(3) the design, construction, testing, operation,
maintenance, and security of which is not regulated by
another Federal agency.
(e) Limitation.--Nothing in this section applies to a
production facility.
* * * * * * *
Commitee Correspondence
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, July 26, 2010.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, Ford House Office Building,
Washington, DC.
Dear Chairman Thompson: I write to you regarding H.R. 5629,
the ``Oil Spill Accountability and Environmental Protection Act
of 2010''.
I agree that provisions in H.R. 5629 are of jurisdictional
interest to the Committee on Homeland Security. I acknowledge
that by forgoing a sequential referral, your Committee is not
relinquishing its jurisdiction and I will fully support your
request to be represented in a House-Senate conference on those
provisions over which the Committee on Homeland Security has
jurisdiction in H.R. 5629.
This exchange of letters will be inserted in the Committee
Report on H.R. 5629 and in the Congressional Record as part of
the consideration of this legislation in the House.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
James L. Oberstar,
Chairman.
------
House of Representatives,
Committee on Homeland Security,
Washington, DC, July 26, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Chairman Oberstar: I write to you regarding H.R. 5629,
the ``Oil Spill Accountability and Environmental Protection Act
of 2010''.
H.R. 5629 contains provisions that fall within the
jurisdiction of the Committee on Homeland Security. I recognize
and appreciate your desire to bring this legislation before the
House in an expeditious manner and, accordingly, I will not
seek a sequential referral of the bill. However, agreeing to
waive consideration of this bill should not be construed as the
Committee on Homeland Security waiving, alerting, or otherwise
affecting its jurisdiction over subject matters contained in
the bill which fall within its Rule X jurisdiction.
Further, I request your support for the appointment of an
appropriate number of Members of the Committee on Homeland
Security to be named as conferees during any House-Senate
conference convened on H.R. 5629 or similar legislation. I also
ask that a copy of this letter and your response be included in
the legislative report for H.R. 5629 and in the Congressional
Record during floor consideration of this bill.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
Bennie G. Thompson,
Chairman.
MINORITY VIEWS
The Committee on Transportation and Infrastructure Minority
supports many of the provisions in H.R. 5629 including
eliminating the $75 million cap on damage payments by
responsible parties at offshore facilities. The Minority
believes that offshore drilling should be based on sound
science, adequate and specific environmental review, and
sufficient capability to quickly and effectively respond to any
oil spills.
However, the Minority is concerned that the tenfold
increase in the amounts required for Certificates of Financial
Responsibility, and the application of that new requirement to
all offshore facilities may have an unnecessary negative impact
on U.S. jobs, and energy independence. The provision may also
severely limit the ability of American-owned small and medium
oil companies to participate in the Gulf of Mexico market. In
essence, the bill restricts that market to only a small number
of huge multinational oil producers, like BP.
Small and medium companies should be allowed to acquire
joint certificates of liability, and that distinctions should
be made between the amount required of different wells based on
the risk posed by those wells rather than the hypothetical
maximum amounts of coverage very large companies may be able to
purchase. Smaller increases in the required certificates of
financial responsibility coupled with planned increases in the
industry-funded Oil Spill Liability Trust Fund can provide
adequate protection for Americans living and working on our
coasts without unnecessarily restricting the growth of U.S.
jobs or further damaging our energy independence.
We are concerned the provision requires public disclosure
of chemical identity, formulas, or mixtures of dispersants and
other chemicals used during an oil spill. This raises
intellectual property considerations not fully investigated. It
could also slow Research and Development of better dispersants
if chemical producers believe that their new products could not
be legally protected. An amendment was offered during the
Transportation and Infrastructure Committee markup that would
have allowed the EPA to collect such information but to keep it
confidential if the producer asked for such protection. That
amendment was withdrawn after the Chairman promised to address
this concern as the bill moves forward.
Aviation interests have expressed strong concern with the
unintended consequences of expanding liability for recoverable
damages for all accidents over the high seas. Currently, the
Death on the High Seas Act (DOHSA) limits general aviation and
commercial aviation manufacturers to recovery for pecuniary
damages only with the understanding that insurance coverage is
not guaranteed and that flight over the high seas is inherently
risky.
General aviation operators and commercial and general
aviation manufacturers point out expanding recoverable losses
to include both pecuniary and non-pecuniary damages, and
possibly even punitive damages, will have far-reaching and
potentially negative consequences. Additional changes to DOHSA
in H.R. 5629 allow for jury trials which have been
traditionally prohibited. Allowing jury trials raises concerns
with the amount of damages that might be awarded for
unquantifiable injuries. Expanding liability and legal process
for all accidents over the high seas without the benefit of
vetting the issues during even a single hearing, will lead to
potential unintended consequences, including increased
insurance rates and lawsuits, less availability of insurance,
and negative impacts on aviation manufacturing and jobs in the
United States. The aviation interests also point out that the
change will impact not only the States of Alaska, Hawaii and
flights to the Caribbean, but it could also impact humanitarian
relief efforts like those undertaken in Haiti.
The Minority Members, along with the aviation industry,
rightly question if the intent of H.R. 5629 is to provide
additional redress for victims of oil rig or vessel accidents,
why is Congress making such wide-sweeping changes to DOHSA
without carefully considering all potential consequences of the
changes, particularly during a very weak economic recovery.
John L. Mica.