89–006 

111TH CONGRESS REPT. 111–567 " ! HOUSE OF REPRESENTATIVES 2d Session 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. 


tjames on DSKG8SOYB1PROD with REPORTS
2 

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. 


tjames on DSKG8SOYB1PROD with REPORTS
3 

‘‘(II) NOTICE TO CONGRESS.—Upon completion of a review speci- fied 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.’’. 


tjames on DSKG8SOYB1PROD with REPORTS
4 

(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. 


tjames on DSKG8SOYB1PROD with REPORTS
5 

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: 

‘‘§ 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 


tjames on DSKG8SOYB1PROD with REPORTS
6 

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: 

‘‘§ 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’’. 


tjames on DSKG8SOYB1PROD with REPORTS
7 

(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: 

‘‘§ 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.’’. 


tjames on DSKG8SOYB1PROD with REPORTS
8 

(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 OnScene 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)— 


tjames on DSKG8SOYB1PROD with REPORTS
9 

‘‘(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. 


tjames on DSKG8SOYB1PROD with REPORTS
10 

‘‘(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: 

‘‘§ 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 transportationVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6621 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
11 

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. 


tjames on DSKG8SOYB1PROD with REPORTS
12 

‘‘(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), re- lating 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 


tjames on DSKG8SOYB1PROD with REPORTS
13 

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 PEN- ALTIES.—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 ‘‘para- graph (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 dele- gates 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’’. 


tjames on DSKG8SOYB1PROD with REPORTS
14 

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 


tjames on DSKG8SOYB1PROD with REPORTS
15 

‘‘(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. 


tjames on DSKG8SOYB1PROD with REPORTS
16 

‘‘(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. 


tjames on DSKG8SOYB1PROD with REPORTS
17 

(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— 


tjames on DSKG8SOYB1PROD with REPORTS
18 

(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 stand- ards 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 operVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6621 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
19 

ating 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 cat- egorize 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 loca- tion 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: 

‘‘§ 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 posiVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6621 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
20 

tion 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 21⁄2 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 21⁄2 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: 

‘‘§ 47. Vice Commandant; appointment’’. 

(2) The section caption for section 52 of such title is amended to read as follows: 

‘‘§ 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 


tjames on DSKG8SOYB1PROD with REPORTS
21 

(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 strik- ing ‘‘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 allow- ance 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 admi- ral 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 


tjames on DSKG8SOYB1PROD with REPORTS
22 

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 


tjames on DSKG8SOYB1PROD with REPORTS
23 

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. 


tjames on DSKG8SOYB1PROD with REPORTS
24 

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. 


tjames on DSKG8SOYB1PROD with REPORTS
25 

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. §§ 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. § 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. §§ 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 occurVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
26 

ring 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. § 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. § 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. § 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. § 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 


tjames on DSKG8SOYB1PROD with REPORTS
27 

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. § 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 ComVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
28 

mandant, 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 


tjames on DSKG8SOYB1PROD with REPORTS
29 

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). 


tjames on DSKG8SOYB1PROD with REPORTS
30 

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. § 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. 


tjames on DSKG8SOYB1PROD with REPORTS
31 

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 reguVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
32 

latory 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. § 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. § 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. 


tjames on DSKG8SOYB1PROD with REPORTS
33 

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. § 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. 


tjames on DSKG8SOYB1PROD with REPORTS
34 

Subsection (a)(3) amends subsection (j)(5) to add new subpara- graph (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 administraVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00034 Fmt 6659 Sfmt 6602 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
35 

tive 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. 


tjames on DSKG8SOYB1PROD with REPORTS
36 

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. § 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. 


tjames on DSKG8SOYB1PROD with REPORTS
37 

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. 


tjames on DSKG8SOYB1PROD with REPORTS
38 

Sec. 30. Report on former Coast Guard officials employed by recog- nized 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 Sub- stances 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. 


tjames on DSKG8SOYB1PROD with REPORTS
39 

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 realtime 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. 


tjames on DSKG8SOYB1PROD with REPORTS
40 

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 nearstream 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 constructionrelated 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). 


tjames on DSKG8SOYB1PROD with REPORTS
41 

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, 

§ 2403 (108th Congress) and H.R. 6, § 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. 


tjames on DSKG8SOYB1PROD with REPORTS
42 

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, 


tjames on DSKG8SOYB1PROD with REPORTS
43 

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 


tjames on DSKG8SOYB1PROD with REPORTS
44 

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 


tjames on DSKG8SOYB1PROD with REPORTS
45 

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. 

* * * * * * * 


tjames on DSKG8SOYB1PROD with REPORTS
46 

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 pro- viding 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, includ- ing 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) * * * 


tjames on DSKG8SOYB1PROD with REPORTS
47 

(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. 

* * * * * * * 


tjames on DSKG8SOYB1PROD with REPORTS
48 

SEC. 1013. CLAIMS PROCEDURE. 

(a) * * * 

* * * * * * * 

(c) ELECTION.—If a claim is presented in accordance with sub- section (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 pre- sented, 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 en- sure 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 


tjames on DSKG8SOYB1PROD with REPORTS
49 

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 DIS- POSAL 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 

* * * * * * * 


tjames on DSKG8SOYB1PROD with REPORTS
50 

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 

* * * * * * * 

§ 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. 

* * * * * * * 


tjames on DSKG8SOYB1PROD with REPORTS
51 

PART B—INSPECTION AND REGULATIONS OF VESSELS

* * * * * * * 

CHAPTER 32—MANAGEMENT OF VESSELS 

* * * * * * * 

§ 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 

* * * * * * * 

§ 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 

* * * * * * * 

§ 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 


tjames on DSKG8SOYB1PROD with REPORTS
52 

¿(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. 

* * * * * * * 

§ 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. 


tjames on DSKG8SOYB1PROD with REPORTS
53 

§ ¿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. 

§ ¿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. 

§ ¿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. 

§ ¿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. 

§ ¿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. 

§ ¿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. 

§ ¿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. 

§ ¿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. 

§ ¿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 


tjames on DSKG8SOYB1PROD with REPORTS
54 

of the master or mate as pilot shall be endorsed on the master’s 

or mate’s license. 

§ ¿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. 

§ ¿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 

* * * * * * * 

§ 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 

* * * * * * * 


tjames on DSKG8SOYB1PROD with REPORTS
55 

§ 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 

* * * * * * * 

§ 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 


tjames on DSKG8SOYB1PROD with REPORTS
56 

¿(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 

* * * * * * * 

§ 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 pro- vided in subsection (b), laws of the United States regulating recov- ery 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.

* * * * * * * 

§ 30301. Short title 

This chapter may be cited as the ‘‘Death on the High Seas Act’’. 

§ 30302. Cause of action 

When the death of an individual is caused by wrongful act, ne- glect, 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. 

§ 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 ‘‘nonVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00056 Fmt 6659 Sfmt 6601 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
57 

pecuniary loss’’ means losses authorized under general maritime 

law including loss of care, comfort, and companionship. 

* * * * * * * 

§ 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. 

§ 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. 

¿§ 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. 

* * * * * * * 

¿§ 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 


tjames on DSKG8SOYB1PROD with REPORTS
58 

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. 

¿§ 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. 

¿§ 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.

§ ¿30508. 30505. Provisions requiring notice of claim or limiting time for bringing action 

(a) * * * 

* * * * * * * 


tjames on DSKG8SOYB1PROD with REPORTS
59 

§ ¿30509. 30506. Provisions limiting liability for personal injury or death 

(a) * * * 

* * * * * * * 

§ ¿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. 

¿§ 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. 

¿§ 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 

* * * * * * * 


tjames on DSKG8SOYB1PROD with REPORTS
60 

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. 

* * * * * * * 

§ 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. 

* * * * * * * 

¿§ 47. Vice Commandant; assignment

§ 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. 

¿§ 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 


tjames on DSKG8SOYB1PROD with REPORTS
61 

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. 

¿§ 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.

§ 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. 


tjames on DSKG8SOYB1PROD with REPORTS
62 

(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. 

* * * * * * * 

§ 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 21⁄2 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 21⁄2 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. 

¿§ 52. Vice admirals, continuity of grade

§ 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 


tjames on DSKG8SOYB1PROD with REPORTS
63 

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. 

* * * * * * * 

§ 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; 


tjames on DSKG8SOYB1PROD with REPORTS
64 

(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

* * * * * * * 

§ 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 considVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00064 Fmt 6659 Sfmt 6601 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
65 

ered 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

* * * * * * * 

§ 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.— 


tjames on DSKG8SOYB1PROD with REPORTS
66 

(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 


tjames on DSKG8SOYB1PROD with REPORTS
67 

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 


tjames on DSKG8SOYB1PROD with REPORTS
68 

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) * * * 


tjames on DSKG8SOYB1PROD with REPORTS
69 

(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; 


tjames on DSKG8SOYB1PROD with REPORTS
70 

(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 


tjames on DSKG8SOYB1PROD with REPORTS
71 

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 EVALUA- TION.—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 


tjames on DSKG8SOYB1PROD with REPORTS
72 

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 EVALU- ATING 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) * * * 

* * * * * * * 


tjames on DSKG8SOYB1PROD with REPORTS
73 

(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 equip- ment) (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— 


tjames on DSKG8SOYB1PROD with REPORTS
74 

(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 re- quire 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 crit- ical 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 re- quire 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 subpara- graph (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; 


tjames on DSKG8SOYB1PROD with REPORTS
75 

(iv) taking into consideration any public comments re- ceived 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 


tjames on DSKG8SOYB1PROD with REPORTS
76 

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 


tjames on DSKG8SOYB1PROD with REPORTS
77 

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 containVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00077 Fmt 6659 Sfmt 6603 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
78 

ment 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 re- sponsibilities 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, dis- approve 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 auVerDate Mar 15 2010 04:32 Jul 28, 2010 Jkt 089006 PO 00000 Frm 00078 Fmt 6659 Sfmt 6601 E:\HR\OC\HR567P1.XXX HR567P1

tjames on DSKG8SOYB1PROD with REPORTS
79 

thorized 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. 

* * * * * * * 

§ 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 


tjames on DSKG8SOYB1PROD with REPORTS
80 

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 pipe- line 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. 

* * * * * * * 

§ 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 


tjames on DSKG8SOYB1PROD with REPORTS
81 

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. 


tjames on DSKG8SOYB1PROD with REPORTS
82 

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. 


tjames on DSKG8SOYB1PROD with REPORTS
(83) 

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. 


tjames on DSKG8SOYB1PROD with REPORTS
84 

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. 

fi 


tjames on DSKG8SOYB1PROD with REPORTS