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[House Report 111-567]
[From the U.S. Government Publishing Office]

111th Congress                                            Rept. 111-567
  2d Session                HOUSE OF REPRESENTATIVES             Part 1
=======================================================================
 
   OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTION ACT OF 2010 

                                _______
                                

                 July 27, 2010.--Ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 5629]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5629) to ensure full recovery from 
responsible parties of damages for physical and economic 
injuries, adverse effects on the environment, and clean up of 
oil spill pollution, to improve the safety of vessels and 
pipelines supporting offshore oil drilling, to ensure that 
there are adequate response plans to prevent environmental 
damage from oil spills, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Oil Spill 
Accountability and Environmental Protection Act of 2010''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Repeal of and adjustments to limitation on liability.
Sec. 3. Evidence of financial responsibility for offshore facilities.
Sec. 4. Damages to human health.
Sec. 5. Clarification of liability for discharges from mobile offshore 
drilling units.
Sec. 6. Standard of review for damage assessment.
Sec. 7. Information on claims.
Sec. 8. Limitation of Liability Act.
Sec. 9. Death on the High Seas Act.
Sec. 10. Jones Act.
Sec. 11. Americanization of offshore operations in the exclusive 
economic zone.
Sec. 12. Safety management systems for mobile offshore drilling units.
Sec. 13. Safety standards for mobile offshore drilling units.
Sec. 14. Coast Guard marine safety workforce.
Sec. 15. Operational control of mobile offshore drilling units.
Sec. 16. Leave retention authority.
Sec. 17. Single-hull tankers.
Sec. 18. Repeal of response plan waiver.
Sec. 19. National Contingency Plan.
Sec. 20. Tracking Database.
Sec. 21. Safety of transportation-related offshore platforms.
Sec. 22. Evaluation and approval of response plans; maximum penalties.
Sec. 23. Oil and hazardous substance cleanup technologies.
Sec. 24. Implementation of oil spill prevention and response 
authorities.
Sec. 25. Disaster damage notification and assessment.
Sec. 26. Impacts to Indian Tribes.
Sec. 27. National Commission study of Federal management and oversight 
of offshore drilling.
Sec. 28. Federal enforcement actions.
Sec. 29. Time required before electing to proceed with judicial claim 
or against the Fund.
Sec. 30. Report on former Coast Guard officials employed by recognized 
organizations of foreign flag administrations.
Sec. 31. Authorized level of Coast Guard personnel.
Sec. 32. Clarification of memorandums of understanding.
Sec. 33. Study of health effects of oil spill.
Sec. 34. Offshore energy security.
Sec. 35. Oil spill response vessel database.
Sec. 36. Offshore sensing and monitoring systems.
Sec. 37. Vice commandant; vice admirals.
Sec. 38. Oil and gas exploration and production.
Sec. 39. Authorization of appropriations.

SEC. 2. REPEAL OF AND ADJUSTMENTS TO LIMITATION ON LIABILITY.

  (a) In General.--Section 1004 of the Oil Pollution Act of 1990 (33 
U.S.C. 2704) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (2)--
                          (i) by striking ``$800,000,,'' and inserting 
                        ``$800,000,''; and
                          (ii) by adding ``and'' after the semicolon at 
                        the end;
                  (B) by striking paragraph (3); and
                  (C) by redesignating paragraph (4) as paragraph (3);
          (2) in subsection (b)(2) by striking the second sentence; and
          (3) by striking subsection (d)(4) and inserting the 
        following:
          ``(4) Adjustment of limits on liability.--Not later than 3 
        years after the date of enactment of the Oil Spill 
        Accountability and Environmental Protection Act of 2010, and at 
        least once every 3 years thereafter, the President shall review 
        the limits on liability specified in subsection (a) and shall 
        by regulation revise such limits upward to reflect either the 
        amount of liability that the President determines is 
        commensurate with the risk of discharge of oil presented by a 
        particular category of vessel or any increase in the Consumer 
        Price Index, whichever is greater.''.
  (b) Application.--The repeals and amendments made by this section 
shall apply to all claims arising from events or activities occurring 
on or after April 19, 2010, including to claims pending on or before 
the date of enactment of this Act.

SEC. 3. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES.

  (a) Modification.--Section 1016(c)(1) of the Oil Pollution Act of 
1990 (33 U.S.C. 2716(c)(1)) is amended--
          (1) in subparagraph (B) by striking ``subparagraph (A) is'' 
        and all that follows before the period and inserting 
        ``subparagraph (A) is $1,500,000,000'';
          (2) by striking subparagraph (C) and inserting the following:
                  ``(C) Greater amount.--
                          ``(i) Specific facilities.--If the President 
                        determines that an amount of financial 
                        responsibility for a responsible party that is 
                        greater than the amount required by 
                        subparagraph (B) is justified based on the 
                        relative operational, environmental, human 
                        health, and other risks posed by the quantity, 
                        quality, or location of oil that is explored 
                        for, drilled for, produced, or transported by 
                        the responsible party, the evidence of 
                        financial responsibility required shall be for 
                        an amount determined by the President.
                          ``(ii) Adjustment for all offshore 
                        facilities.--
                                  ``(I) In general.--Not later than 3 
                                years after the date of enactment of 
                                the Oil Spill Accountability and 
                                Environmental Protection Act of 2010, 
                                and at least once every 3 years 
                                thereafter, the President shall review 
                                the level of financial responsibility 
                                specified in subparagraph (B) and may 
                                by regulation revise such level upwards 
                                to a level that the President 
                                determines is justified based on the 
                                relative operational, environmental, 
                                human health, and other risks posed by 
                                the quantity, quality, or location of 
                                oil that is explored for, drilled for, 
                                produced, or transported by the 
                                responsible party.
                                  ``(II) Notice to congress.--Upon 
                                completion of a review specified in 
                                subclause (I), the President shall 
                                notify Congress as to whether the 
                                President will revise the levels of 
                                financial responsibility and the 
                                factors for making such 
                                determination.''; and
          (3) by striking subparagraph (E).
  (b) Application; Transition Period.--
          (1) In general.--The amendments made by this section shall 
        take effect on the date of enactment of this Act and shall 
        apply to any lease for exploration, development, or production 
        of minerals, as defined by the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1331 et seq.), that the Secretary of the 
        Interior awards after the date of enactment of this Act.
          (2) Transition period.--Notwithstanding paragraph (1), not 
        later than 6 months after the date of enactment of this Act, 
        the President shall require any person who holds, on the date 
        of enactment of this Act, a lease for exploration, development, 
        or production of minerals, as defined by the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1331 et seq.), located in the 
        navigable waters, adjoining shoreline, or the Exclusive 
        Economic Zone of the United States to provide evidence of 
        financial responsibility consistent with the amendments made by 
        this section.

SEC. 4. DAMAGES TO HUMAN HEALTH.

  (a) In General.--Section 1002(b)(2) of the Oil Pollution Act of 1990 
(33 U.S.C. 2702(b)(2)) is amended by adding at the end the following:
                  ``(G) Human health.--
                          ``(i) In general.--Damages to human health, 
                        including fatal injuries, which shall be 
                        recoverable by any claimant who has a 
                        demonstrable, adverse impact to human health 
                        or, in the case of a fatal injury to an 
                        individual, a claimant filing a claim on behalf 
                        of such individual.
                          ``(ii) Inclusion.--For purposes of clause 
                        (i), the term `human health' includes mental 
                        health.''.
  (b) Application.--The amendment made by subsection (a) shall apply to 
all claims arising from events or activities occurring on or after 
April 19, 2010, including such claims pending on or before the date of 
enactment of this Act.

SEC. 5. CLARIFICATION OF LIABILITY FOR DISCHARGES FROM MOBILE OFFSHORE 
                    DRILLING UNITS.

  (a) In General.--Section 1004(b)(2) of the Oil Pollution Act of 1990 
(33 U.S.C. 2704(b)(2)) is amended--
          (1) by striking ``from any incident described in paragraph 
        (1)'' and inserting ``from any discharge of oil, or substantial 
        threat of a discharge of oil, into or upon the water''; and
          (2) by striking ``liable'' and inserting ``liable as 
        described in paragraph (1)''.
  (b) Application.--The amendments made by subsection (a) shall apply 
to all claims arising from events or activities occurring on or after 
April 19, 2010, including such claims pending on or before the date of 
enactment of this Act.

SEC. 6. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT.

  Section 1006(e)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2706(e)(2)) is amended--
          (1) in the heading by striking ``Rebuttable presumption'' and 
        inserting ``Judicial review of assessments''; and
          (2) by striking ``have the force and effect'' and all that 
        follows before the period and inserting the following: ``be 
        subject to judicial review under subchapter II of chapter 5 of 
        title 5, United States Code (commonly known as the 
        Administrative Procedure Act), on the basis of the 
        administrative record developed by the lead Federal trustee as 
        provided in such regulations''.

SEC. 7. INFORMATION ON CLAIMS.

  (a) In General.--Title I of the Oil Pollution Act of 1990 (33 U.S.C. 
2701 et seq.) is amended by inserting after section 1013 the following:

``SEC. 1013A. INFORMATION ON CLAIMS.

  ``In the event of a spill of national significance, the President may 
require a responsible party or a guarantor of a source designated under 
section 1014(a) to provide to the President any information on or 
related to claims, either individually, in the aggregate, or both, that 
the President requests, including--
          ``(1) the transaction date or dates of such claims, including 
        processing times; and
          ``(2) any other data pertaining to such claims necessary to 
        ensure the performance of the responsible party or the 
        guarantor with regard to the processing and adjudication of 
        such claims.''.
  (b) Conforming Amendment.--The table of contents contained in section 
2 of such Act is amended by inserting after the item relating to 
section 1013 the following:

``Sec. 1013A. Information on claims.''.

  (c) Application.--The amendments made by this section shall apply to 
all claims arising from events or activities occurring on or after 
April 19, 2010, including such claims pending on or before the date of 
enactment of this Act.

SEC. 8. LIMITATION OF LIABILITY ACT.

  (a) Repeal.--Chapter 305 of title 46, United States Code, is 
amended--
          (1) by repealing sections 30505, 30506, 30507, 30511, and 
        30512; and
          (2) by redesignating sections 30508 through 30510 as sections 
        30505 through 30507, respectively.
  (b) Conforming and Clerical Amendments.--
          (1) Oil pollution act of 1990.--Section 1018 of the Oil 
        Pollution Act of 1990 (33 U.S.C. 2718) is amended--
                  (A) in subsection (a), by striking ``or the Act of 
                March 3, 1851''; and
                  (B) in subsection (c), by striking ``, the Act of 
                March 3, 1851 (46 U.S.C. 183 et seq.),''.
          (2) Title 46.--Section 14305(a) of title 46, United States 
        Code, is amended by striking paragraph (5) and redesignating 
        paragraphs (6) through (15) as paragraphs (5) through (14), 
        respectively.
          (3) Clerical amendment.--The analysis at the beginning of 
        chapter 305 of title 46, United States Code, is amended by 
        striking the items relating to sections 30505 through 30512 and 
        inserting the following:

``30505. Provisions requiring notice of claim or limiting time for 
bringing action.
``30506. Provisions limiting liability for personal injury or death.
``30507. Vicarious liability for medical malpractice with regard to 
crew.''.

  (c) Application.--The repeals and amendments made by this section 
shall apply to all claims arising from events or activities occurring 
on or after April 19, 2010, including to claims pending on or before 
the date of enactment of this Act.

SEC. 9. DEATH ON THE HIGH SEAS ACT.

  (a) In General.--The Death on the High Seas Act (chapter 303 of title 
46, United States Code), is amended--
          (1) in section 30302--
                  (A) by inserting ``or law'' after ``admiralty''; and
                  (B) by striking the last sentence and inserting ``The 
                action shall be for the exclusive benefit of the 
                survivors, including the decedent's spouse, parent, 
                child, or dependent relatives.'';
          (2) in section 30303--
                  (A) by inserting ``and nonpecuniary loss'' after 
                ``pecuniary loss'';
                  (B) by striking ``by'' and all that follows through 
                the end, and inserting ``, plus a fair compensation for 
                the decedent's pain and suffering.''; and
                  (C) by adding at the end the following: ``In this 
                section, the term `nonpecuniary loss' means losses 
                authorized under general maritime law including loss of 
                care, comfort, and companionship.'';
          (3) in section 30305 by inserting ``or law'' after 
        ``admiralty'';
          (4) in section 30306, by inserting ``or law'' after 
        ``admiralty'';
          (5) by striking section 30307; and
          (6) in the analysis at the beginning of such chapter, by 
        striking the item relating to section 30307.
  (b) Application.--The amendments made by subsection (a) shall apply 
to all claims arising from events or activities occurring on or after 
April 19, 2010, including such claims pending on or before the date of 
enactment of this Act.

SEC. 10. JONES ACT.

  (a) In General.--Section 30104 of title 46, United States Code, is 
amended--
          (1) in the second sentence, by striking ``Laws'' and 
        inserting ``Except as provided in subsection (b), laws'';
          (2) by inserting ``(a) In General.--'' before the first 
        sentence; and
          (3) by adding at the end the following:
  ``(b) Nonpecuniary Losses for Death.--In addition to other amounts 
authorized by law, the recovery for a seaman who dies may also include 
nonpecuniary losses that are authorized under general maritime law, 
such as the loss of care, comfort, and companionship.''.
  (b) Application.--The amendments made by subsection (a) shall apply 
to all claims arising from events or activities occurring on or after 
April 19, 2010, including such claims pending on or before the date of 
enactment of this Act.

SEC. 11. AMERICANIZATION OF OFFSHORE OPERATIONS IN THE EXCLUSIVE 
                    ECONOMIC ZONE.

  (a) Registry Endorsement Required.--
          (1) In general.--Section 12111 of title 46, United States 
        Code, is amended by adding at the end the following:
  ``(e) Resource Activities in the EEZ.--Except for activities 
requiring an endorsement under sections 12112 or 12113, only a vessel 
for which a certificate of documentation with a registry endorsement is 
issued and that is owned by a citizen of the United States (as 
determined under section 50501(d)) may engage in support of 
exploration, development, or production of resources in, on, above, or 
below the exclusive economic zone or any other activity in the 
exclusive economic zone to the extent that the regulation of such 
activity is not prohibited under customary international law.''.
          (2) Application.--The amendment made by paragraph (1) applies 
        only with respect to exploration, development, production, and 
        support activities that commence on or after July 1, 2011.
  (b) Legal Authority.--Section 2301 of title 46, United States Code, 
is amended--
          (1) by striking ``chapter'' and inserting ``title''; and
          (2) by inserting after ``1988'' the following: ``and the 
        exclusive economic zone to the extent that the regulation of 
        such operation is not prohibited under customary international 
        law''.
  (c) Training for Coast Guard Personnel.--Not later than 180 days 
after the date of enactment of this Act, the Secretary of the 
department in which the Coast Guard is operating shall establish a 
program to provide Coast Guard personnel with the training necessary 
for the implementation of the amendments made by this section.

SEC. 12. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFFSHORE DRILLING UNITS.

  Section 3203 of title 46, United States Code, is amended--
          (1) by redesignating subsection (b) as subsection (c); and
          (2) by inserting after subsection (a) the following:
  ``(b) Mobile Offshore Drilling Units.--The safety management system 
described in subsection (a) for a mobile offshore drilling unit 
operating in waters subject to the jurisdiction of the United States 
(including the exclusive economic zone) shall include processes, 
procedures, and policies related to the safe operation and maintenance 
of the machinery and systems on board the unit that are used for the 
industrial business and functions of the unit, including drilling 
operations.''.

SEC. 13. SAFETY STANDARDS FOR MOBILE OFFSHORE DRILLING UNITS.

  Section 3306 of title 46, United States Code, is amended by adding at 
the end the following:
  ``(k) In prescribing regulations for mobile offshore drilling units, 
the Secretary shall develop standards to address a worst-case event 
involving a discharge as that term is defined in section 1001 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2701).''.

SEC. 14. COAST GUARD MARINE SAFETY WORKFORCE.

  (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 99. Marine safety workforce

  ``(a) Marine Safety Workforce.--The Secretary, acting through the 
Commandant--
          ``(1) shall designate a sufficient number of positions to be 
        in the Coast Guard's marine safety workforce to perform vessel 
        inspections and marine casualty investigations; and
          ``(2) shall ensure that a sufficient number of fully 
        qualified officers, members, and civilian employees of the 
        Coast Guard are assigned to those positions.
  ``(b) Career Paths.--The Secretary, acting through the Commandant, 
shall ensure that appropriate career paths for an officer, member, or 
civilian employee of the Coast Guard who wishes to pursue a career in 
marine safety are identified in terms of the education, training, 
experience, and assignments necessary for career progression to the 
most senior marine safety positions. The Secretary shall make available 
published information on such career paths.
  ``(c) Qualifications.--With regard to the marine safety workforce, an 
officer, member, or civilian employee of the Coast Guard assigned as 
a--
          ``(1) marine inspector shall have the training, experience, 
        and qualifications equivalent to that required for a similar 
        position at a classification society recognized by the 
        Secretary under section 3316 of title 46 for the type of 
        vessel, system, or equipment that is inspected;
          ``(2) marine casualty investigator shall have training, 
        experience, and qualifications in investigation, marine 
        casualty reconstruction, evidence collection and preservation, 
        human factors, and documentation using best investigation 
        practices by Federal and non-Federal entities;
          ``(3) marine safety engineer shall have knowledge, skill, and 
        practical experience in--
                  ``(A) the construction and operation of commercial 
                vessels;
                  ``(B) judging the character, strength, stability, and 
                safety qualities of such vessels and their equipment; 
                or
                  ``(C) the qualifications and training of vessel 
                personnel; or
          ``(4) marine inspector inspecting mobile offshore drilling 
        units shall have knowledge, skill, and practical experience 
        in--
                  ``(A) Federal, State, and international law 
                compliance;
                  ``(B) personnel training;
                  ``(C) drilling operations;
                  ``(D) mobile offshore drilling unit and maritime 
                safety;
                  ``(E) the effect of weather on mobile offshore 
                drilling unit safety and operations;
                  ``(F) ship handling and positioning; and
                  ``(G) emergency procedures.
  ``(d) Apprenticeship Requirements.--
          ``(1) In general.--An officer, member, or civilian employee 
        of the Coast Guard in training to become a marine inspector, 
        marine casualty investigator, or a marine safety engineer shall 
        serve a minimum of one-year apprenticeship, unless otherwise 
        directed by the Commandant, under the guidance of a qualified 
        marine inspector (including an inspector of mobile offshore 
        drilling units), marine casualty investigator, or marine safety 
        engineer. The Commandant may authorize shorter apprenticeship 
        periods for certain qualifications, as appropriate.
          ``(2) Highly specialized vessels.--
                  ``(A) In general.--In addition to the requirement 
                under paragraph (1), any officer, member, or employee 
                of the Coast Guard assigned as a marine inspector or 
                marine casualty investigator with responsibility for 
                inspecting or responding to casualties involving highly 
                specialized vessels must have served a minimum of 6 
                months apprenticeship with those vessels.
                  ``(B) Highly specialized vessels defined.--In this 
                paragraph the term `highly specialized vessel' includes 
                mobile offshore drilling units, tank vessels, and 
                vessels carrying certain dangerous cargoes as defined 
                by the Commandant.''.
  (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following:

``99. Marine safety workforce.''.

  (c) Support for Maritime Safety and Security Teams Participating in 
``Deepwater Horizon'' Response.--
          (1) Review and report.--The Secretary of the department in 
        which the Coast Guard is operating shall review and report to 
        Congress on the needs of maritime safety and security teams 
        participating in patrols and setup of safety zones for, and 
        management of, the discharge of oil that began in 2010 in 
        connection with the explosion on, and sinking of, the mobile 
        offshore drilling unit DEEPWATER HORIZON.
          (2) Funding.--There is authorized to be appropriated to such 
        Secretary, to remain available until expended, such sums as are 
        necessary to support the response of the Coast Guard and any 
        Coast Guard maritime safety and security team in such patrols, 
        setup of safety zones, and management.

SEC. 15. OPERATIONAL CONTROL OF MOBILE OFFSHORE DRILLING UNITS.

  (a) Licenses for Masters of Mobile Offshore Drilling Units.--
          (1) In general.--Chapter 71 of title 46, United States Code, 
        is amended by redesignating sections 7104 through 7114 as 
        sections 7105 through 7115, respectively, and by inserting 
        after section 7103 the following:

``Sec. 7104. Licenses for masters of mobile offshore drilling units

  ``A license as master of a mobile offshore drilling unit may be 
issued only to an applicant who has been issued a license as master 
under section 7101(c)(1) and has demonstrated the knowledge, 
understanding, proficiency, and sea service required to be responsible 
for all industrial business or functions of a mobile offshore drilling 
unit, including all drilling operations of that type of unit for which 
the applicant is to be licensed.''.
          (2) Conforming amendment.--Section 7109 of such title, as so 
        redesignated, is amended by striking ``section 7106 or 7107'' 
        and inserting ``section 7107 or 7108''.
          (3) Clerical amendment.--The analysis at the beginning of 
        such chapter is amended by striking the items relating to 
        sections 7104 through 7114 and inserting the following:

``7104. Licenses for masters of mobile offshore drilling units.
``7105. Certificates for medical doctors and nurses.
``7106. Oaths.
``7107. Duration of licenses.
``7108. Duration of certificates of registry.
``7109. Termination of licenses and certificates of registry.
``7110. Review of criminal records.
``7111. Exhibiting licenses.
``7112. Oral examinations for licenses.
``7113. Licenses of masters or mates as pilots.
``7114. Exemption from draft.
``7115. Fees.''.

  (b) Requirement for Certificate of Inspection.--Section 8101(a)(2) of 
title 46, United States Code, is amended by inserting before the 
semicolon the following: ``and shall at all times be under the command 
of a master licensed under section 7104''.
  (c) Effective Date.--The amendments made by this section shall take 
effect 6 months after the date of enactment of this Act.

SEC. 16. LEAVE RETENTION AUTHORITY.

  (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 425 the following:

``Sec. 426. Emergency leave retention authority

  ``(a) In General.--A duty assignment for an active duty member of the 
Coast Guard in support of a declaration of a major disaster or 
emergency by the President under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to 
a spill of national significance shall be treated, for the purpose of 
section 701(f)(2) of title 10, as a duty assignment in support of a 
contingency operation.
  ``(b) Definitions.--In this section:
          ``(1) Spill of national significance.--The term `spill of 
        national significance' means a discharge of oil or a hazardous 
        substance that is declared by the Commandant to be a spill of 
        national significance.
          ``(2) Discharge.--The term `discharge' has the meaning given 
        that term in section 1001 of the Oil Pollution Act of 1990 (33 
        U.S.C. 2701).''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
inserting after the item relating to section 425 the following:

``426. Emergency leave retention authority.''.

SEC. 17. SINGLE-HULL TANKERS.

  (a) Application of Tank Vessel Construction Standards.--Section 
3703a(b) of title 46, United States Code, is amended by striking 
paragraph (3), and redesignating paragraphs (4) through (6) as 
paragraphs (3) through (5), respectively.
  (b) Effective Date.--The amendment made by subsection (a) takes 
effect on January 1, 2011.

SEC. 18. REPEAL OF RESPONSE PLAN WAIVER.

  Section 311(j)(5)(G) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)(5)(G)) is amended--
          (1) by striking ``a tank vessel, nontank vessel, offshore 
        facility, or onshore facility'' and inserting ``a nontank 
        vessel'';
          (2) by striking ``tank vessel, nontank vessel, or facility'' 
        and inserting ``nontank vessel''; and
          (3) by adding at the end the following: ``A mobile offshore 
        drilling unit, as such term is defined in section 1001 of the 
        Oil Pollution Act of 1990 (33 U.S.C. 2701), is not eligible to 
        operate without a response plan approved under this section.''.

SEC. 19. NATIONAL CONTINGENCY PLAN.

  (a) Guidelines for Containment Booms.--Section 311(d)(2) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(d)(2)) is amended 
by adding at the end the following:
                  ``(N) Guidelines regarding the use of containment 
                booms to contain a discharge of oil or a hazardous 
                substance, including identification of quantities of 
                containment booms likely to be needed, available 
                sources of containment booms, and best practices for 
                containment boom placement, monitoring, and 
                maintenance.''.
  (b) Schedule for Use of Dispersants, Other Chemicals, and Other Spill 
Mitigating Devices and Substances.--Section 311(d) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(d)) is amended by adding at the 
end the following:
          ``(5) Schedule for use of dispersants, other chemicals, and 
        other spill mitigating devices and substances.--
                  ``(A) Rulemaking.--Not later than 15 months after the 
                date of enactment of this paragraph, the President, 
                acting through the Administrator, after providing 
                notice and an opportunity for public comment, shall 
                issue a revised regulation for the development of the 
                schedule for the use of dispersants, other chemicals, 
                and other spill mitigating devices and substances 
                developed under paragraph (2)(G) in a manner that is 
                consistent with the requirements of this paragraph and 
                shall modify the existing schedule to take into account 
                the requirements of the revised regulation.
                  ``(B) Schedule listing requirements.--In issuing the 
                regulation under subparagraph (A), the Administrator 
                shall--
                          ``(i) with respect to dispersants, other 
                        chemicals, and other spill mitigating 
                        substances included or proposed to be included 
                        on the schedule under paragraph (2)(G)--
                                  ``(I) establish minimum toxicity and 
                                efficacy testing criteria, taking into 
                                account the results of the study 
                                carried out under subparagraph (C);
                                  ``(II) provide for testing or other 
                                verification (independent from the 
                                information provided by an applicant 
                                seeking the inclusion of such 
                                dispersant, chemical, or substance on 
                                the schedule) related to the toxicity 
                                and effectiveness of such dispersant, 
                                chemical, or substance;
                                  ``(III) establish a framework for the 
                                application of any such dispersant, 
                                chemical, or substance, including--
                                          ``(aa) quantity restrictions 
                                        or application conditions;
                                          ``(bb) the quantity 
                                        thresholds for which 
                                        consultation with and approval 
                                        by the Regional Response Team 
                                        and the Federal On-Scene 
                                        Coordinator is required;
                                          ``(cc) the criteria to be 
                                        used to develop the appropriate 
                                        maximum quantity of any such 
                                        dispersant, chemical, or 
                                        substance that the 
                                        Administrator determines may be 
                                        used, both on a daily and 
                                        cumulative basis; and
                                          ``(dd) a ranking, by 
                                        geographic area, of any such 
                                        dispersant, chemical, or 
                                        substance based on a 
                                        combination of its 
                                        effectiveness for each type of 
                                        oil and its level of toxicity;
                                  ``(IV) establish a requirement that 
                                the volume of oil or hazardous 
                                substance discharged, and the volume 
                                and location of any such dispersant, 
                                chemical, or substance used, be 
                                measured and made publicly available;
                                  ``(V) notwithstanding any other 
                                provision of law, require the public 
                                disclosure of the specific chemical 
                                identity, including the chemical and 
                                common name of any ingredients 
                                contained in, and specific chemical 
                                formulas or mixtures of, any such 
                                dispersant, chemical, or substance; and
                                  ``(VI) in addition to existing 
                                authority, expressly provide a 
                                mechanism for the delisting of any such 
                                dispersant, chemical, or substance 
                                based on any information made available 
                                to the Administrator that demonstrates 
                                that such dispersant, chemical, or 
                                substance poses a significant risk to 
                                or impact on human health or the 
                                environment;
                          ``(ii) with respect to a dispersant, other 
                        chemical, and other spill mitigating substance 
                        not specifically identified on the schedule, 
                        and prior to the use of such dispersant, 
                        chemical, or substance in accordance with 
                        paragraph (2)(G), establish--
                                  ``(I) the minimum toxicity and 
                                efficacy levels for such dispersant, 
                                chemical, or substance;
                                  ``(II) the information, including the 
                                specific chemical identity, formula, 
                                and mixtures, on such dispersant, other 
                                chemical, or other spill mitigating 
                                substance that shall be made publicly 
                                available; and
                                  ``(III) such additional information 
                                as the Administrator determines 
                                necessary; and
                          ``(iii) with respect to other spill 
                        mitigating devices included or proposed to be 
                        included on the schedule under paragraph 
                        (2)(G)--
                                  ``(I) require the manufacturer of 
                                such device to carry out a study of the 
                                risks and effectiveness of the device 
                                according to guidelines developed and 
                                published by the Administrator; and
                                  ``(II) in addition to existing 
                                authority, expressly provide a 
                                mechanism for the delisting of any such 
                                device based on any information made 
                                available to the Administrator that 
                                demonstrates that such device poses a 
                                significant risk to or impact on human 
                                health or the environment.
                  ``(C) Study.--
                          ``(i) In general.--Not later than 3 months 
                        after the date of enactment of this paragraph, 
                        the Administrator shall initiate a study of the 
                        potential risks and impacts to human health and 
                        the environment, including acute and chronic 
                        risks, from the use of dispersants, other 
                        chemicals, and other spill mitigating 
                        substances, if any, that may be used to carry 
                        out the National Contingency Plan, including an 
                        assessment of such risks and impacts--
                                  ``(I) on a representative sample of 
                                biota and types of oil from locations 
                                where such dispersants, chemicals, or 
                                substances may potentially be used;
                                  ``(II) on human health, including 
                                individuals most likely to come into 
                                contact with such dispersants, 
                                chemicals, or substances, such as oil 
                                spill response action workers; and
                                  ``(III) that result from any by-
                                products created from the use of such 
                                dispersants, chemicals, or substances.
                          ``(ii) Information from manufacturers.--
                                  ``(I) In general.--In conjunction 
                                with the study authorized by clause 
                                (i), the Administrator shall determine 
                                the requirements for manufacturers of 
                                dispersants, chemicals, or substances 
                                to evaluate the potential risks and 
                                impacts to human health and the 
                                environment, including acute and 
                                chronic risks, associated with the use 
                                of the dispersants, chemicals, or 
                                substances and any byproducts generated 
                                by such use and to provide the details 
                                of such evaluation as a condition for 
                                listing on the schedule according to 
                                guidelines developed and published by 
                                the Administrator.
                                  ``(II) Minimum requirements for 
                                evaluation.--Any evaluation carried out 
                                by a manufacturer under this clause 
                                shall include--
                                          ``(aa) information on the 
                                        oils and locations where such 
                                        dispersants, chemicals, or 
                                        substances may potentially be 
                                        used;
                                          ``(bb) an evaluation of the 
                                        variety of different 
                                        dispersants, chemicals, or 
                                        substances that may be used in 
                                        a response; and
                                          ``(cc) an assessment of 
                                        application and impacts from 
                                        subsea use of the dispersant, 
                                        chemical, or substance, 
                                        including the potential long 
                                        term effects of such use.
                  ``(D) Periodic revisions.--
                          ``(i) In general.--Not later than 5 years 
                        after the date of the issuance of the 
                        regulation under this paragraph, and at least 
                        once every 5 years thereafter, the 
                        Administrator shall review the schedule for the 
                        use of dispersants, other chemicals, and other 
                        spill mitigating devices and substances that 
                        may be used to carry out the National 
                        Contingency Plan and update or revise the 
                        schedule, as necessary, to ensure the 
                        protection of human health and the environment.
                          ``(ii) Effectiveness.--The Administrator 
                        shall ensure, to the maximum extent 
                        practicable, that each update or revision to 
                        the schedule increases the minimum 
                        effectiveness value necessary for listing a 
                        dispersant, other chemical, or other spill 
                        mitigating device or substance on the schedule.
                  ``(E) Approval of use and application of 
                dispersants.--
                          ``(i) In general.--In issuing the regulation 
                        under subparagraph (A), the Administrator shall 
                        require the approval of the Federal On-Scene 
                        Coordinator, in coordination with the 
                        Administrator, for all uses of a dispersant, 
                        other chemical, or other spill mitigating 
                        substance in any removal action, including--
                                  ``(I) any such dispersant, chemical, 
                                or substance that is included on the 
                                schedule developed pursuant to this 
                                subsection; or
                                  ``(II) any dispersant, chemical, or 
                                other substance that is included as 
                                part an approved area contingency plan 
                                or response plan developed under this 
                                section.
                          ``(ii) Repeal.--Any part of section 300.910 
                        of title 40, Code of Federal Regulations, that 
                        is inconsistent with this paragraph is hereby 
                        repealed.
          ``(6) Review of and development of criteria for evaluating 
        response plans.--
                  ``(A) Review.--Not later than 6 months after the date 
                of enactment of this paragraph, the President shall 
                review the procedures and standards developed under 
                paragraph (2)(J) to determine their sufficiency in 
                ceasing and removing a worst case discharge of oil or 
                hazardous substances, and for mitigating or preventing 
                a substantial threat of such a discharge.
                  ``(B) Rulemaking.--Not later than 1 year after the 
                date of enactment of this paragraph, the President, 
                after providing notice and an opportunity for public 
                comment, shall undertake a rulemaking to--
                          ``(i) revise the procedures and standards for 
                        ceasing and removing a worst case discharge of 
                        oil or hazardous substances, and for mitigating 
                        or preventing a substantial threat of such a 
                        discharge; and
                          ``(ii) develop a metric for evaluating the 
                        National Contingency Plan, Area Contingency 
                        Plans, and tank vessel, nontank vessel, and 
                        facility response plans consistent with the 
                        procedures and standards developed pursuant to 
                        this paragraph.''.
  (c) Inclusion of Containment Booms in Area Contingency Plans.--
Section 311(j)(4)(C)(iv) of such Act (33 U.S.C. 1321(j)(4)(C)(iv)) is 
amended by striking ``(including firefighting equipment)'' and 
inserting ``(including firefighting equipment and containment booms)''.

SEC. 20. TRACKING DATABASE.

  Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(b)) is amended by adding at the end the following:
          ``(13) Tracking database.--
                  ``(A) In general.--The President shall create a 
                database to track all discharges of oil or hazardous 
                substances--
                          ``(i) into the waters of the United States, 
                        adjoining shorelines, or into or upon the 
                        waters of the contiguous zone;
                          ``(ii) in connection with activities under 
                        the Outer Continental Shelf Lands Act (43 
                        U.S.C. 1331 et seq.) or the Deepwater Port Act 
                        of 1974 (33 U.S.C. 1501 et seq.); or
                          ``(iii) which may affect natural resources 
                        belonging to, appertaining to, or under the 
                        exclusive management authority of the United 
                        States (including resources under the Fishery 
                        Conservation and Management Act of 1976 (16 
                        U.S.C. 1801 et seq.)).
                  ``(B) Requirements.--The database shall--
                          ``(i) include--
                                  ``(I) the name of the vessel or 
                                facility;
                                  ``(II) the name of the owner, 
                                operator, or person in charge of the 
                                vessel or facility;
                                  ``(III) the date of the discharge;
                                  ``(IV) the volume of the discharge;
                                  ``(V) the location of the discharge, 
                                including an identification of any 
                                receiving waters that are or could be 
                                affected by the discharge;
                                  ``(VI) a record of any determination 
                                of a violation of this section or 
                                section 1002 of the Oil Pollution Act 
                                of 1990 (33 U.S.C. 2702);
                                  ``(VII) a record of any 
                                administrative or enforcement action 
                                taken against the owner, operator, or 
                                person in charge; and
                                  ``(VIII) any additional information 
                                that the President determines 
                                necessary;
                          ``(ii) use data provided by the Environmental 
                        Protection Agency, the Coast Guard, the 
                        Pipeline and Hazardous Materials Safety 
                        Administration, and other appropriate Federal 
                        agencies;
                          ``(iii) use data protocols developed and 
                        managed by the Environmental Protection Agency; 
                        and
                          ``(iv) be publicly accessible, including by 
                        electronic means.''.

SEC. 21. SAFETY OF TRANSPORTATION-RELATED OFFSHORE PLATFORMS.

  (a) In General.--Chapter 601 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 60138. Safety of transportation-related offshore platforms

  ``(a) In General.--The Secretary of Transportation shall conduct an 
analysis of the adequacy of existing regulations and standards for the 
safety of transportation-related offshore platforms and the impact of 
the integrity of such platforms on pipeline safety.
  ``(b) Consultation.--In carrying out subsection (a), the Secretary 
may consult with any agency, organization, or person with expertise in 
the design, construction, testing, operation, or maintenance of 
offshore platforms.
  ``(c) Report to Congress.--Not later than 24 months after the date of 
enactment of this section, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report describing the results of the analysis conducted under 
subsection (a). The report shall include any recommendations the 
Secretary may have for addressing the safety or integrity of 
transportation-related offshore platforms, including any 
recommendations for legislative or regulatory action.
  ``(d) Transportation-Related Offshore Platform Defined.--In this 
section, the term `transportation-related offshore platform' means any 
platform--
          ``(1) located beyond the shoreline of the United States in 
        State or Federal waters;
          ``(2) used for transporting gas or hazardous liquid; and
          ``(3) the design, construction, testing, operation, 
        maintenance, and security of which is not regulated by another 
        Federal agency.
  ``(e) Limitation.--Nothing in this section applies to a production 
facility.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following:

``60138. Safety of transportation-related offshore platforms.''.

SEC. 22. EVALUATION AND APPROVAL OF RESPONSE PLANS; MAXIMUM PENALTIES.

  (a) Agency Review of Response Plans.--
          (1) Lead federal agency for review of response plans.--
        Section 311(j)(5)(A) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1321(j)(5)(A)) is amended by adding at the end the 
        following:
          ``(iii) In issuing the regulations under this paragraph, the 
        President shall ensure that--
                  ``(I) the owner, operator, or person in charge of a 
                tank vessel, nontank vessel, or offshore facility 
                described in subparagraph (C) will not be considered to 
                have complied with this paragraph until the owner, 
                operator, or person in charge submits a plan under 
                clause (i) or (ii), as appropriate, to the Secretary of 
                the department in which the Coast Guard is operating, 
                or the Administrator, with respect to such offshore 
                facilities as the President may designate, and the 
                Secretary or Administrator, as appropriate, determines 
                and notifies the owner, operator, or person in charge 
                that the plan, if implemented, will provide an adequate 
                response to a worst case discharge of oil or a 
                hazardous substance or a substantial threat of such a 
                discharge; and
                  ``(II) the owner, operator, or person in charge of an 
                onshore facility described in subparagraph (C)(iv) will 
                not be considered to have complied with this paragraph 
                until the owner, operator, or person in charge submits 
                a plan under clause (i) either to the Secretary of 
                Transportation, with respect to transportation-related 
                onshore facilities, or the Administrator, with respect 
                to all other onshore facilities, and the Secretary or 
                Administrator, as appropriate, determines and notifies 
                the owner, operator, or person in charge that the plan, 
                if implemented, will provide an adequate response to a 
                worst-case discharge of oil or a hazardous substance or 
                a substantial threat of such a discharge.
          ``(iv)(I) The Secretary of the department in which the Coast 
        Guard is operating, the Secretary of Transportation, or the 
        Administrator, as appropriate, shall require that a plan 
        submitted to the Secretary or Administrator for a vessel or 
        facility under clause (iii)(I) or (iii)(II) by an owner, 
        operator, or person in charge--
                  ``(aa) contain a probabilistic risk analysis for all 
                critical engineered systems of the vessel or facility; 
                and
                  ``(bb) adequately address all risks identified in the 
                risk analysis.
          ``(II) The Secretary or Administrator, as appropriate, shall 
        require that a risk analysis developed under subclause (I) 
        include, at a minimum, the following:
                  ``(aa) An analysis of human factors risks, including 
                both organizational and management failure risks.
                  ``(bb) An analysis of technical failure risks, 
                including both component technologies and integrated 
                systems risks.
                  ``(cc) An analysis of interactions between humans and 
                critical engineered systems.
                  ``(dd) Quantification of the likelihood of modes of 
                failure and potential consequences.
                  ``(ee) A description of methods for reducing known 
                risks.
          ``(III) The Secretary or Administrator, as appropriate, shall 
        require an owner, operator, or person in charge that develops a 
        risk analysis under subclause (I) to make the risk analysis 
        available to the public.''.
          (2) Review and approval of response plans.--Section 
        311(j)(5)(E) of such Act (33 U.S.C. 1321(j)(5)(E)) is amended 
        to read as follows:
          ``(E) With respect to any response plan submitted under this 
        paragraph for an onshore facility that, because of its 
        location, could reasonably be expected to cause significant and 
        substantial harm to the environment by discharging into or on 
        the navigable waters or adjoining shorelines or the exclusive 
        economic zone, and with respect to each response plan submitted 
        under this paragraph for a tank vessel, nontank vessel, or 
        offshore facility, the President shall--
                  ``(i) promptly review the response plan;
                  ``(ii) verify that the response plan complies with 
                subparagraph (A)(iv), relating to risk analyses;
                  ``(iii) with respect to a plan for an offshore or 
                onshore facility or a tank vessel that carries 
                liquefied natural gas, provide an opportunity for 
                public notice and comment on the response plan;
                  ``(iv) taking into consideration any public comments 
                received and other appropriate factors, as determined 
                by the President, require revisions to the response 
                plan;
                  ``(v) approve, approve with revisions, or disapprove 
                the response plan;
                  ``(vi) review the response plan periodically 
                thereafter, and if applicable requirements are not met, 
                acting through the head of the appropriate Federal 
                department or agency--
                          ``(I) issue administrative orders directing 
                        the owner, operator, or person in charge to 
                        comply with the response plan or any regulation 
                        issued under this section; or
                          ``(II) assess civil penalties or conduct 
                        other appropriate enforcement actions in 
                        accordance with subsections (b)(6), (b)(7), and 
                        (b)(8) for failure to develop, submit, receive 
                        approval of, adhere to, or maintain the 
                        capability to implement the response plan, or 
                        failure to comply with any other requirement of 
                        this section;
                  ``(vii) acting through the head of the appropriate 
                Federal department or agency, require, at a minimum, 
                biennial inspections conducted by such agency of the 
                tank vessel, nontank vessel, or facility to ensure 
                compliance with the response plan or identify 
                deficiencies in such plan;
                  ``(viii) acting through the head of the appropriate 
                Federal department or agency, make the response plan 
                available to the public, including on the Internet; and
                  ``(ix) in the case of a plan for a nontank vessel, 
                consider any applicable State-mandated response plan in 
                effect on the date of enactment of the Coast Guard and 
                Maritime Transportation Act of 2004 and ensure 
                consistency to the extent practicable.''.
          (3) Biennial report.--Section 311(j)(5) of such Act (33 
        U.S.C. 1321(j)(5)) is amended by adding at the end the 
        following:
          ``(J) Not later than 2 years after the date of enactment of 
        this subparagraph, and biennially thereafter, the President, 
        acting through the Administrator, the Secretary of the 
        department in which the Coast Guard is operating, and the 
        Secretary of Transportation, shall submit to Congress a report 
        containing the following information for each owner, operator, 
        or person in charge that submitted a response plan for a tank 
        vessel, nontank vessel, or other facility under this paragraph:
                  ``(i) The number of response plans approved, 
                disapproved, or approved with revisions under 
                subparagraph (E) annually for tank vessels, nontank 
                vessels, and facilities of the owner, operator, or 
                person in charge.
                  ``(ii) The number of inspections conducted under 
                subparagraph (E) annually for tank vessels, nontank 
                vessels, and facilities of the owner, operator, or 
                person in charge.
                  ``(iii) A summary of each administrative or 
                enforcement action taken with respect each tank vessel, 
                nontank vessel, and facility of the owner, operator, or 
                person in charge, including a description of the 
                violation, the date of violation, the amount of each 
                penalty proposed, and the final assessment of each 
                penalty and an explanation for any reduction in a 
                penalty.''.
          (4) Administrative provisions for facilities.--Section 
        311(m)(2) of such Act (33 U.S.C. 1321(m)(2)) is amended in each 
        of subparagraphs (A) and (B) by inserting ``, the Secretary of 
        Transportation,'' before ``or the Secretary of the department 
        in which the Coast Guard is operating''.
  (b) Penalties.--
          (1) Administrative penalties.--
                  (A) Authority of secretary of transportation to 
                assess penalties.--Section 311(b)(6)(A) of such Act (33 
                U.S.C. 1321(b)(6)(A)) is amended by inserting ``, the 
                Secretary of Transportation,'' before ``or the 
                Administrator''.
                  (B) Administrative penalties for failure to provide 
                notice.--Section 311(b)(6)(A) of such Act (33 U.S.C. 
                1321(b)(6)(A)) is further amended--
                          (i) in clause (i) by striking ``paragraph 
                        (3), or'' and inserting ``paragraph (3),'';
                          (ii) in clause (ii) by striking ``any 
                        regulation'' and inserting ``any order or 
                        action required by the President under 
                        subsection (c) or (e) or any regulation'';
                          (iii) by redesignating clause (ii) as clause 
                        (iii);
                          (iv) by inserting after clause (i) the 
                        following:
                          ``(ii) who fails to provide notice to the 
                        appropriate Federal agency pursuant to 
                        paragraph (5), or''; and
                          (v) by adding at the end the following: 
                        ``Whenever the President delegates the 
                        authority to issue regulations under subsection 
                        (j), the agency that issues regulations 
                        pursuant to that authority shall have the 
                        authority to assess a civil penalty in 
                        accordance with this section for violations of 
                        such regulations.''.
                  (C) Penalty amounts.--Section 311(b)(6)(B) of such 
                Act (33 U.S.C. 1321(b)(6)(B)) is amended--
                          (i) in clause (i)--
                                  (I) by striking ``$10,000'' and 
                                inserting ``$100,000''; and
                                  (II) by striking ``$25,000'' and 
                                inserting ``$250,000''; and
                          (ii) in clause (ii)--
                                  (I) by striking ``$10,000'' and 
                                inserting ``$100,000''; and
                                  (II) by striking ``$125,000'' and 
                                inserting ``$1,000,000''.
          (2) Civil penalties.--Section 311(b)(7) of such Act (33 
        U.S.C. 1321(b)(7)) is amended--
                  (A) in subparagraph (A)--
                          (i) by striking ``$25,000'' and inserting 
                        ``$100,000''; and
                          (ii) by striking ``$1,000'' and inserting 
                        ``$2,500'';
                  (B) in subparagraph (B)--
                          (i) by striking ``described in subparagraph 
                        (A)'';
                          (ii) in clause (i) by striking ``carry out 
                        removal of the discharge under an order of the 
                        President pursuant to subsection (c); or'' and 
                        inserting ``comply with any action required by 
                        the President pursuant to subsection (c),'';
                          (iii) in clause (ii) by striking ``(1)(B)'';
                          (iv) by redesignating clause (ii) as clause 
                        (iii);
                          (v) by inserting after clause (i) the 
                        following:
                          ``(ii) fails to provide notice to the 
                        appropriate Federal agency pursuant to 
                        paragraph (5), or''; and
                          (vi) by striking ``$25,000'' and inserting 
                        ``$100,000'';
                  (C) in subparagraph (C)--
                          (i) by striking ``$25,000'' and inserting 
                        ``$100,000''; and
                          (ii) by adding at the end the following: 
                        ``Whenever the President delegates the 
                        authority to issue regulations under subsection 
                        (j), the agency that issues regulations 
                        pursuant to that authority shall have the 
                        authority to order injunctive relief or assess 
                        a civil penalty in accordance with this section 
                        for violations of such regulations and the 
                        authority to refer the matter to the Attorney 
                        General for action under subparagraph (E).'';
                  (D) in subparagraph (D)--
                          (i) by striking ``$100,000'' and inserting 
                        ``$1,000,000''; and
                          (ii) by striking ``$3,000'' and inserting 
                        ``$7,500''; and
                  (E) in subparagraph (E) by adding at the end the 
                following: ``The court may award appropriate relief, 
                including a temporary or permanent injunction, civil 
                penalties, compliance requirements, and punitive 
                damages.''.
          (3) Application.--The amendments made by this subsection 
        shall apply to violations occurring on or after April 19, 2010.
  (c) Clarification of Federal Removal Authority.--Section 
311(c)(1)(B)(ii) of such Act (33 U.S.C. 1321(c)(1)(B)(ii)) is amended 
by striking the term ``monitor all'' and inserting ``monitor, including 
through the use of an administrative order, all''.

SEC. 23. OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES.

  Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)) is amended by adding at the end the following:
          ``(9) Oil and hazardous substance cleanup technologies.--The 
        President, acting through the Secretary of the department in 
        which the Coast Guard is operating, shall--
                  ``(A) in coordination with the heads of other 
                appropriate Federal agencies, establish a process for--
                          ``(i) quickly and effectively soliciting, 
                        assessing, and deploying offshore oil and 
                        hazardous substance cleanup technologies in the 
                        event of a discharge or substantial threat of a 
                        discharge of oil or a hazardous substance in 
                        United States waters; and
                          ``(ii) effectively coordinating with other 
                        appropriate agencies, industry, academia, small 
                        businesses, and others to ensure the best 
                        technology available is implemented in the 
                        event of such a discharge or threat; and
                  ``(B) in coordination with the heads of other 
                appropriate Federal agencies, maintain a database on 
                best available oil and hazardous substance cleanup 
                technologies in the event of a discharge or substantial 
                threat of a discharge of oil or a hazardous substance 
                in United States waters.''.

SEC. 24. IMPLEMENTATION OF OIL SPILL PREVENTION AND RESPONSE 
                    AUTHORITIES.

  Section 311(l) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(l)) is amended--
          (1) by striking ``(l) The President'' and inserting the 
        following:
  ``(l) Delegation and Implementation.--
          ``(1) Delegation.--The President''; and
          (2) by adding at the end the following:
          ``(2) Environmental protection agency.--
                  ``(A) In general.--The President shall delegate the 
                responsibilities under subparagraph (B) to the 
                Administrator.
                  ``(B) Responsibilities.--The Administrator shall 
                ensure that Environmental Protection Agency personnel 
                develop and maintain operational capability--
                          ``(i) for effective inspection, monitoring, 
                        prevention, preparedness, and response 
                        authorities related to the discharge or 
                        substantial threat of a discharge of oil or a 
                        hazardous substance;
                          ``(ii) to protect human health and safety 
                        from impacts of a discharge or substantial 
                        threat of a discharge of oil or a hazardous 
                        substance;
                          ``(iii) to review and approve of, disapprove 
                        of, or require revisions (if necessary) to 
                        onshore facility response plans and to carry 
                        out all other responsibilities under subsection 
                        (j)(5)(E); and
                          ``(iv) to protect the environment and natural 
                        resources from impacts of a discharge or 
                        substantial threat of a discharge of oil or a 
                        hazardous substance.
          ``(3) Coast guard.--
                  ``(A) In general.--The President shall delegate the 
                responsibilities under subparagraph (B) to the 
                Secretary of the department in which the Coast Guard is 
                operating.
                  ``(B) Responsibilities.--The Secretary shall ensure 
                that Coast Guard personnel develop and maintain 
                operational capability--
                          ``(i) to establish and enforce regulations 
                        and standards for procedures, methods, 
                        equipment, and other requirements to prevent 
                        and to contain a discharge of oil or a 
                        hazardous substance from a tank vessel, nontank 
                        vessel, or offshore facility;
                          ``(ii) to establish and enforce regulations, 
                        and to carry out all other responsibilities, 
                        under subsection (j)(5)(A);
                          ``(iii) to review and approve of, disapprove 
                        of, or require revisions (if necessary) to tank 
                        vessel, nontank vessel, and offshore facility 
                        response plans and to carry out all other 
                        responsibilities under subsection (j)(5)(E);
                          ``(iv) for effective inspection, monitoring, 
                        prevention, preparedness, and response 
                        authorities related to the discharge or 
                        substantial threat of a discharge of oil or a 
                        hazardous substance from a tank vessel, nontank 
                        vessel, or offshore facility;
                          ``(v) to protect the public from impacts of a 
                        discharge or substantial threat of a discharge 
                        of oil or a hazardous substance in United 
                        States waters; and
                          ``(vi) to protect the environment and natural 
                        resources from impacts of a discharge or 
                        substantial threat of a discharge of oil or a 
                        hazardous substance in United States waters.
                  ``(C) Role as first responder.--
                          ``(i) In general.--The responsibilities 
                        delegated to the Secretary under subparagraph 
                        (B) shall be sufficient to allow the Coast 
                        Guard to act as a first responder to a 
                        discharge or substantial threat of a discharge 
                        of oil or a hazardous substance from a tank 
                        vessel, nontank vessel, or offshore facility.
                          ``(ii) Capabilities.--The President shall 
                        ensure that the Coast Guard has sufficient 
                        personnel and resources to act as a first 
                        responder as described in clause (i), including 
                        the resources necessary for on-going training 
                        of personnel, acquisition of equipment 
                        (including containment booms, dispersants, and 
                        skimmers), and prepositioning of equipment.
                  ``(D) Contracts.--The Secretary may enter into 
                contracts with private and nonprofit organizations for 
                personnel and equipment in carrying out the 
                responsibilities delegated to the Secretary under 
                subparagraph (B).
          ``(4) Department of transportation.--
                  ``(A) In general.--The President shall delegate the 
                responsibilities under subparagraph (B) to the 
                Secretary of Transportation.
                  ``(B) Responsibilities.--The Secretary of 
                Transportation shall--
                          ``(i) establish and enforce regulations and 
                        standards for procedures, methods, equipment, 
                        and other requirements to prevent and to 
                        contain discharges of oil and hazardous 
                        substances from transportation-related onshore 
                        facilities;
                          ``(ii) have the authority to review and 
                        approve of, disapprove of, or require revisions 
                        (if necessary) to transportation-related 
                        onshore facility response plans and to carry 
                        out all other responsibilities under subsection 
                        (j)(5)(E); and
                          ``(iii) ensure that Department of 
                        Transportation personnel develop and maintain 
                        operational capability--
                                  ``(I) for effective inspection, 
                                monitoring, prevention, preparedness, 
                                and response authorities related to the 
                                discharge or substantial threat of a 
                                discharge of oil or a hazardous 
                                substance from a transportation-related 
                                onshore facility;
                                  ``(II) to protect the public from the 
                                impacts of a discharge or substantial 
                                threat of a discharge of oil or a 
                                hazardous substance from a 
                                transportation-related onshore 
                                facility; and
                                  ``(III) to protect the environment 
                                and natural resources from the impacts 
                                of a discharge or substantial threat of 
                                a discharge of oil or a hazardous 
                                substance from a transportation-related 
                                onshore facility.''.

SEC. 25. DISASTER DAMAGE NOTIFICATION AND ASSESSMENT.

  (a) In General.--Section 60108 of title 49, United States Code, is 
amended by adding at the end the following:
  ``(e) Disaster Damage Notification and Assessment.--
          ``(1) Notification required.--In the event of a manmade or 
        natural disaster, the operator of a pipeline facility in an 
        affected location shall notify the Secretary not later than 12 
        hours after the cessation of the disaster, as determined by the 
        Secretary, or an earlier time determined appropriate by the 
        Secretary, of any changes to the operational status of the 
        pipeline facility, including information concerning physical 
        damages, releases of highly volatile liquid, other hazardous 
        liquid, or gas, disruptions in service, and projected dates for 
        return to service.
          ``(2) Preparation of damage assessments.--Not later than 30 
        days after the cessation of a manmade or natural disaster, as 
        determined by the Secretary, the operator of a pipeline 
        facility in an affected location shall develop and transmit to 
        the Secretary a written damage assessment. The damage 
        assessment, at a minimum, shall--
                  ``(A) identify any physical damage to the pipeline 
                facility and any other credible threat or hazard to the 
                pipeline facility;
                  ``(B) assess the extent of any physical damage to the 
                pipeline facility and any other credible threat or 
                hazard to the pipeline facility;
                  ``(C) evaluate the integrity of the pipeline 
                facility;
                  ``(D) if necessary, provide a schedule for repairing 
                or abandoning the pipeline facility; and
                  ``(E) meet any other requirements the Secretary 
                determines are appropriate by regulation.
          ``(3) Abandonment.--An operator of a pipeline facility shall 
        notify the Secretary promptly if the operator determines that 
        the pipeline facility must be abandoned as a result of a 
        manmade or natural disaster.
          ``(4) Other.--An operator of a pipeline facility shall 
        retain, and make available to the Secretary on request, a copy 
        of any report prepared under this subsection for at least 5 
        years.
          ``(5) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Abandon.--The term `abandon' means permanently 
                remove from service.
                  ``(B) Affected location.--The term `affected 
                location' means any area directly or substantially 
                affected by a manmade or natural disaster, as 
                determined by the Secretary.
                  ``(C) Manmade or natural disaster.--The term `manmade 
                or natural disaster' means any hurricane, tornado, 
                tidal wave, tsunami, earthquake, volcanic eruption, or, 
                regardless of cause, any fire, flood, or explosion, or 
                any similar catastrophe in the United States that 
                causes, or may cause, substantial damage or injury to 
                persons, property, or the environment, as determined by 
                the Secretary.''.
  (b) Regulations.--
          (1) Final rule.--The Secretary of Transportation shall issue 
        a final rule establishing procedures to carry out section 
        60108(e) of title 49, United States Code, not later than 1 year 
        after the date of enactment of this Act.
          (2) Interim guidance.--For the period beginning on the date 
        of enactment of this Act and ending on the date of issuance of 
        a rule under paragraph (1), or the date that is 45 days after 
        such date of enactment, whichever is earlier, the Secretary 
        shall issue interim guidance to the operator of a pipeline 
        facility requiring notification of the Secretary and an 
        assessment of pipeline facilities located in an affected area 
        in the case of a manmade or natural disaster.

SEC. 26. IMPACTS TO INDIAN TRIBES.

  Section 1002(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2702(b)(2)) is amended--
          (1) in subparagraph (D) by striking ``or a political 
        subdivision thereof'' and inserting ``a political subdivision 
        of a State, or an Indian tribe''; and
          (2) in subparagraph (F) by striking ``or a political 
        subdivision of a State'' and inserting ``a political 
        subdivision of a State, or an Indian tribe''.

SEC. 27. NATIONAL COMMISSION STUDY OF FEDERAL MANAGEMENT AND OVERSIGHT 
                    OF OFFSHORE DRILLING.

  (a) In General.--The National Commission on the BP Deepwater Horizon 
Oil Spill and Offshore Drilling established by Executive Order No. 
13543 dated May 21, 2010 (in this section referred to as the 
``Commission''), shall develop recommendations for--
          (1) improvements to Federal laws, regulations, and industry 
        practices applicable to offshore drilling that would--
                  (A) ensure the effective oversight, inspection, 
                monitoring, and response capabilities; and
                  (B) protect human health and safety, occupational 
                health and safety, and the environment and natural 
                resources; and
          (2) organizational or other reforms of Federal agencies or 
        processes, including the creation of new agencies, as 
        necessary, to ensure that the improvements described in 
        paragraph (1) are implemented and maintained.
  (b) Purposes.--In developing recommendations under subsection (a), 
the Commission shall ensure that the following goals are met:
          (1) Ensuring the safe operation and maintenance of offshore 
        drilling platforms or vessels.
          (2) Protecting the health and safety of workers on offshore 
        drilling platforms or vessels.
          (3) Protecting the overall environment and natural resources 
        surrounding ongoing and potential offshore drilling sites.
          (4) Protecting the health and safety of workers that service 
        offshore drilling platforms or vessels.
          (5) Developing and maintaining Federal agency expertise on 
        the safe and effective use of offshore drilling technologies, 
        including technologies to minimize the risk of release of oil 
        from offshore drilling platforms or vessels.
          (6) Encouraging the development and implementation of 
        efficient and effective oil spill response techniques and 
        technologies that minimize or eliminate any adverse effects on 
        natural resources or the environment that result from response 
        activities.
          (7) Protecting the health and safety of first responders 
        against releases of oil from offshore drilling platforms or 
        vessels.
          (8) Ensuring that the Federal agencies regulating offshore 
        drilling are staffed with, and managed by, career 
        professionals, who are--
                  (A) permitted to exercise independent professional 
                judgments and make safety the highest priority in 
                carrying out their responsibilities;
                  (B) not subject to undue influence from regulated 
                interests or political appointees; and
                  (C) subject to strict regulation to prevent improper 
                relationships with regulated interests and to eliminate 
                real or perceived conflicts of interests.
  (c) Report to Congress.--In coordination with the final public report 
to the President, the Commission shall submit to Congress a report 
containing the recommendations developed under subsection (a).

SEC. 28. FEDERAL ENFORCEMENT ACTIONS.

  Section 309(g)(6)(A) of the Federal Water Pollution Control Act (33 
U.S.C. 1319(g)(6)(A)) is amended by striking ``or section 311(b)''.

SEC. 29. TIME REQUIRED BEFORE ELECTING TO PROCEED WITH JUDICIAL CLAIM 
                    OR AGAINST THE FUND.

  Paragraph (2) of section 1013(c) of the Oil Pollution Act of 1990 (33 
U.S.C. 2713(c)) is amended by striking ``90'' and inserting ``45''.

SEC. 30. REPORT ON FORMER COAST GUARD OFFICIALS EMPLOYED BY RECOGNIZED 
                    ORGANIZATIONS OF FOREIGN FLAG ADMINISTRATIONS.

  (a) Report Required.--Not later than 1 year after the date of 
enactment of this Act and annually thereafter, the Comptroller General 
of the United States shall submit a report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
the employment during the preceding year of individuals who were Coast 
Guard officials in the previous 5-year period, by recognized 
organizations contracted to administer maritime programs for foreign 
flag administrations.
  (b) Objectives of Report.--At a minimum, the report required by this 
section shall assess the extent to which former Coast Guard officials 
who received compensation from recognized organizations were assigned 
to work on matters over which the former Coast Guard officials had 
oversight, inspection responsibility, or decision-making authority when 
the officials served in or worked for the Coast Guard. The report shall 
assess the extent to which former Coast Guard officials were provided 
compensation by recognized organizations and the positions held by 
former Coast Guard officials in the preceding calendar year.
  (c) Confidentiality Requirement.--The report required by this 
subsection shall not include the names of the former Coast Guard 
officials who received compensation from recognized organizations.
  (d) Access to Information.--The Comptroller General may seek 
agreements with recognized organizations to obtain access to 
information for the purpose of preparing reports required by this 
section.
  (e) Definitions.--In this section:
          (1) Foreign flag administration.--The term ``foreign flag 
        administration'' means the maritime administration, maritime 
        agency, or similar governmental organization of a country other 
        than the United States that maintains a register of vessels and 
        performs some or all of the following statutory functions with 
        respect to maritime programs:
                  (A) Issues certificates of registry and manning 
                certificates.
                  (B) Conducts or contracts with recognized 
                organizations to conduct safety inspections.
                  (C) Issues radio station licenses.
                  (D) Certifies maritime officers and unlicensed seamen 
                and conducts inquiries into charges of incompetence or 
                misconduct.
                  (E) Regulates the construction, equipment, and 
                operation of vessels under its flag.
                  (F) Monitors vessels' compliance with international 
                and national standards for marine safety, pollution 
                prevention, and security.
                  (G) Investigates marine casualties.
          (2) Recognized organization.--The term ``recognized 
        organization'' means an organization, such as a classification 
        society or a corporation, to which a foreign flag 
        administration has delegated some or all of its statutory 
        functions with respect to maritime programs.
          (3) Coast guard official.--The term ``Coast Guard official'' 
        includes former Coast Guard officers, enlisted personnel, or 
        civilian employees who had responsibilities for--
                  (A) issuing certificates of registry and manning 
                certificates;
                  (B) safety inspections;
                  (C) certification of maritime officers and unlicensed 
                seamen;
                  (D) conducting inquiries into charges of incompetence 
                or misconduct of maritime officers and unlicensed 
                seamen;
                  (E) regulation of the construction, equipment, and 
                operation of vessels;
                  (F) monitoring vessels' compliance with international 
                and national standards for marine safety, pollution 
                prevention, and security; or
                  (G) investigating marine casualties.

SEC. 31. AUTHORIZED LEVEL OF COAST GUARD PERSONNEL.

  The Coast Guard is authorized an end-of-year strength for active duty 
personnel of 47,300 for fiscal year 2011, of which at least 300 
personnel shall be assigned to implement the activities of the Coast 
Guard under this Act, including the amendments made by this Act.

SEC. 32. CLARIFICATION OF MEMORANDUMS OF UNDERSTANDING.

  Not later than September 30, 2011, the President (acting through the 
head of the appropriate Federal department or agency) shall implement 
or revise, as appropriate, memorandums of understanding to clarify the 
roles and jurisdictional responsibilities of the Environmental 
Protection Agency, the Coast Guard, the Department of Transportation, 
and other Federal agencies relating to the prevention of oil discharges 
from tank vessels, nontank vessels, and facilities subject to the Oil 
Pollution Act of 1990.

SEC. 33. STUDY OF HEALTH EFFECTS OF OIL SPILL.

  (a) Study.--The Director of the Agency for Toxic Substances and 
Disease Registry and the Director of the Centers for Disease Control 
and Prevention shall jointly--
          (1) conduct a comprehensive study of--
                  (A) the effects on human health of exposure to 
                petroleum and other substances released in the oil 
                spill or used or produced in response to the oil spill, 
                including chemicals used to disperse the oil;
                  (B) the effects on human health of secondary exposure 
                to such substances in an aerosolized form;
                  (C) whether such substances include or produce 
                airborne carcinogens, and the effects of any such 
                carcinogens; and
                  (D) the effects of exposure described in 
                subparagraphs (A) and (B) on a child of an individual 
                born after the individual has been subject to such 
                exposure; and
          (2) beginning as soon as practicable after the date of 
        enactment of this Act, complete a baseline assessment to 
        determine the health status of individuals exposed as described 
        in subparagraph (A) or (B) of paragraph (1) in order to gather 
        data that may be compared with data gathered later under 
        paragraph (1) to determine any change in health status from 
        continued exposure.
  (b) Public Health Assessment.--The Director of the Agency for Toxic 
Substances and Disease Registry shall conduct a public health 
assessment of persons who are thought to have an epidemiological link 
to the substances described in subsection (a)(1)(A).
  (c) Report.--The Directors shall submit to Congress a report on the 
results of the study and baseline assessment under subsection (a) and 
the assessment under subsection (b). The report shall be submitted not 
later than two years after the date of enactment of this Act and shall 
include the findings of the Directors on the matters covered by the 
report. The Directors shall include in the report a list of diseases or 
conditions that are found to exist within the populations specified in 
subsection (a)(1) and their rate of occurrence compared to the general 
population.
  (d) Oil Spill Defined.--For purposes of this section, the term ``oil 
spill'' means the oil spill resulting from the explosion and collapse 
of the mobile offshore drilling unit DEEPWATER HORIZON.

SEC. 34. OFFSHORE ENERGY SECURITY.

  (a) Offshore facilities constructed after the date of enactment of 
this Act for operation in the United States Exclusive Economic Zone for 
purposes of any form of energy production shall be built in the United 
States.
  (b) Foreign-built offshore facilities not operating in the United 
States Exclusive Economic Zone for purposes of any form of energy 
production on the date of enactment of this Act shall not operate in 
the United States Exclusive Economic Zone for such purposes after the 
date of enactment of this Act.

SEC. 35. OIL SPILL RESPONSE VESSEL DATABASE.

  (a) Requirement.--Not later than 90 days after the date of enactment 
of this Act, the Commandant of the Coast Guard shall complete an 
inventory of all vessels operating in the waters of the United States 
that are capable of meeting oil spill response needs designated in the 
National Contingency Plan authorized by section 311(d) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(d)).
  (b) Categorization.--The inventory required under subsection (a) 
shall categorize such vessels by capabilities, type, function, and 
location.
  (c) Maintenance of Database.--The Commandant shall maintain a 
database containing the results of the inventory required under 
subsection (a) and update the information in the database on no less 
than a quarterly basis.
  (d) Availability.--The Commandant may make information regarding the 
location and capabilities of oil spill response vessels available to a 
Federal On-Scene Coordinator designated under section 311 of such Act 
(33 U.S.C. 1321) to assist in the response to an oil spill or other 
incident in the waters of the United States.

SEC. 36. OFFSHORE SENSING AND MONITORING SYSTEMS.

  (a) Requirement.--Subtitle A of title IV of the Oil Pollution Act of 
1990 is amended by adding at the end the following new section:

``SEC. 4119. OFFSHORE SENSING AND MONITORING SYSTEMS.

  ``(a) In General.--The equipment required to be available under 
section 311(j)(5)(D)(iii) of the Federal Water Pollution Control Act 
for facilities listed in section 311(j)(5)(C)(iii) of such Act and 
located in more than 500 feet of water includes sensing and monitoring 
systems that meet the requirements of this section.
  ``(b) Systems Requirements.--Sensing and monitoring systems required 
under subsection (a) shall--
          ``(1) use an integrated, modular, expandable, multi-sensor, 
        open-architecture design and technology with interoperable 
        capability;
          ``(2) be capable of--
                  ``(A) operating for at least 25 years;
                  ``(B) real-time physical, biological, geological, and 
                environmental monitoring;
                  ``(C) providing alerts in the event of anomalous 
                circumstances;
                  ``(D) providing docking bases to accommodate spatial 
                sensors for remote inspection and monitoring; and
                  ``(E) collecting chemical boundary condition data for 
                drift and flow modeling; and
          ``(3) include--
                  ``(A) an uninterruptible power source;
                  ``(B) a spatial sensor; and
                  ``(C) secure Internet access to real-time physical, 
                biological, geological, and environmental monitoring 
                data gathered by the system sensors.''.
  (b) Request for Information.--Within 60 days after the date of 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall issue a request for information to 
determine the most capable and efficient domestic systems that meet the 
requirements under section 4119 of the Oil Pollution Act of 1990, as 
amended by this section.
  (c) Implementing Regulations.--Within 180 days after the date of 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall issue regulations to implement section 
4119 of the Oil Pollution Act of 1990 as amended by this section.
  (d) Clerical Amendment.--The table of contents in section 2 of the 
Oil Pollution Act of 1990 is amended by adding at the end of the items 
relating to such subtitle the following new item:

``Sec. 4119. Offshore sensing and monitoring systems.''.

SEC. 37. VICE COMMANDANT; VICE ADMIRALS.

  (a) Vice Commandant.--
          (1) Section 41 of title 14, United States Code, is amended by 
        striking ``an admiral,'' and inserting ``admirals,''.
          (2) The fourth sentence of section 47 of such title is 
        amended by striking ``vice admiral'' and inserting ``admiral''.
  (b) Vice Admirals.--Section 50 of such title is amended to read as 
follows:

``Sec. 50. Vice admirals

  ``(a)(1) The President may designate no more than 4 positions of 
importance and responsibility that shall be held by officers who--
          ``(A) while so serving, shall have the grade of vice admiral, 
        with the pay and allowances of that grade; and
          ``(B) shall perform such duties as the Commandant may 
        prescribe.
  ``(2) The President may appoint, by and with the advice and consent 
of the Senate, and reappoint, by and with the advice and consent of the 
Senate, to any such position an officer of the Coast Guard who is 
serving on active duty above the grade of captain. The Commandant shall 
make recommendations for such appointments.
  ``(b)(1) The appointment and the grade of vice admiral shall be 
effective on the date the officer assumes that duty and, except as 
provided in paragraph (2) of this subsection or in section 51(d) of 
this title, shall terminate on the date the officer is detached from 
that duty.
  ``(2) An officer who is appointed to a position designated under 
subsection (a) shall continue to hold the grade of vice admiral--
          ``(A) while under orders transferring the officer to another 
        position designated under subsection (a), beginning on the date 
        the officer is detached from that duty and terminating on the 
        date before the day the officer assumes the subsequent duty, 
        but not for more than 60 days;
          ``(B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is discharged 
        from the hospital, but not for more than 180 days; and
          ``(C) while awaiting retirement, beginning on the date the 
        officer is detached from duty and ending on the day before the 
        officer's retirement, but not for more than 60 days.
  ``(c)(1) An appointment of an officer under subsection (a) does not 
vacate the permanent grade held by the officer.
  ``(2) An officer serving in a grade above rear admiral who holds the 
permanent grade of rear admiral (lower half) shall be considered for 
promotion to the permanent grade of rear admiral as if the officer was 
serving in the officer's permanent grade.
  ``(d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position or office 
to carry out effectively the duties and responsibilities of that 
position or office.''.
  (c) Repeal.--Section 50a of such title is repealed.
  (d) Conforming Amendments.--Section 51 of such title is amended--
          (1) by striking subsections (a), (b), and (c) and inserting 
        the following:
  ``(a) An officer, other than the Commandant, who, while serving in 
the grade of admiral or vice admiral, is retired for physical 
disability shall be placed on the retired list with the highest grade 
in which that officer served.
  ``(b) An officer, other than the Commandant, who is retired while 
serving in the grade of admiral or vice admiral, or who, after serving 
at least 2\1/2\ years in the grade of admiral or vice admiral, is 
retired while serving in a lower grade, may in the discretion of the 
President, be retired with the highest grade in which that officer 
served.
  ``(c) An officer, other than the Commandant, who, after serving less 
than 2\1/2\ years in the grade of admiral or vice admiral, is retired 
while serving in a lower grade, shall be retired in his permanent 
grade.''; and
          (2) by striking ``Area Commander, or Chief of Staff'' in 
        subsection (d)(2) and inserting ``or Vice Admiral''.
  (e) Continuity of Grade.--Section 52 of such title is amended by 
inserting ``or admiral'' after ``vice admiral'' the first place it 
appears.
  (f) Continuation on Active Duty.--The second sentence of section 
290(a) of such title is amended to read as follows: ``Officers, other 
than the Commandant, serving for the time being or who have served in 
the grade of vice admiral or admiral are not subject to consideration 
for continuation under this subsection, and as to all other provisions 
of this section shall be considered as having been continued at the 
grade of rear admiral.''.
  (g) Clerical Amendments.--
          (1) The section caption for section 47 of such title is 
        amended to read as follows:

``Sec. 47. Vice Commandant; appointment''.

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

``Sec. 52. Vice admirals and admiral, continuity of grade''.

          (3) The analysis for chapter 3 of such title is amended--
                  (A) by striking the item relating to section 47 and 
                inserting the following:

``47. Vice Commandant; appointment.'';

                  (B) by striking the item relating to section 50a;
                  (C) by striking the item relating to section 50 and 
                inserting the following:

``50. Vice admirals.''; and

                  (D) by striking the item relating to section 52 and 
                inserting the following:

``52. Vice admirals and admiral, continuity of grade.''.

  (h) Technical Correction.--Section 47 of such title is further 
amended by striking ``subsection'' in the fifth sentence and inserting 
``section''.
  (i) Treatment of Incumbents; Transition.--
          (1) Notwithstanding any other provision of law, the officer 
        who, on the date of enactment of this Act, is serving as Vice 
        Commandant--
                  (A) shall continue to serve as Vice Commandant;
                  (B) shall have the grade of admiral with pay and 
                allowances of that grade; and
                  (C) shall not be required to be reappointed by reason 
                of the enactment of that Act.
          (2) Notwithstanding any other provision of law, an officer 
        who, on the date of enactment of this Act, is serving as Chief 
        of Staff, Commander, Atlantic Area, or Commander, Pacific 
        Area--
                  (A) shall continue to have the grade of vice admiral 
                with pay and allowance of that grade until such time 
                that the officer is relieved of his duties and 
                appointed and confirmed to another position as a vice 
                admiral or admiral; or
                  (B) for the purposes of transition, may continue at 
                the grade of vice admiral with pay and allowance of 
                that grade, for not more than 1 year after the date of 
                enactment of this Act, to perform the duties of the 
                officer's former position and any other such duties 
                that the Commandant prescribes.

SEC. 38. OIL AND GAS EXPLORATION AND PRODUCTION.

  Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended--
          (1) by striking paragraph (24); and
          (2) by redesignating paragraph (25) as paragraph (24).

SEC. 39. AUTHORIZATION OF APPROPRIATIONS.

  (a) Coast Guard.--In addition to amounts made available pursuant to 
section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)(A)), there is authorized to be appropriated to the Secretary 
of the department in which the Coast Guard is operating from the Oil 
Spill Liability Trust Fund established by section 9509 of the Internal 
Revenue Code of 1986 (26 U.S.C. 9509) the following:
          (1) For fiscal year 2011, $15,000,000.
          (2) For each of fiscal years 2012 through 2015, $16,000,000.
  (b) Environmental Protection Agency.--There is authorized to be 
appropriated to the Administrator of the Environmental Protection 
Agency from the Oil Spill Liability Trust Fund to implement this Act 
and the amendments made by this Act $10,000,000 for each of fiscal 
years 2011 through 2015.
  (c) Department of Transportation.--There is authorized to be 
appropriated to the Secretary of Transportation from the Oil Spill 
Liability Trust Fund to carry out the purposes of this Act and the 
amendments made by this Act the following:
          (1) For each of fiscal years 2011 through 2013, $7,000,000.
          (2) For each of fiscal years 2014 and 2015, $6,000,000.

                       Purpose of the Legislation

    H.R. 5629, as amended, the ``Oil Spill Accountability and 
Environmental Protection Act of 2010'' (Act), amends the Oil 
Pollution Act of 1990 (OPA), the Federal Water Pollution 
Control Act (Clean Water Act), the Death on the High Seas Act, 
the Jones Act, and various sections of titles 14, 46, and 49 of 
the United States Code to ensure full recovery from responsible 
parties of damages for physical and economic injuries, adverse 
effects on the environment, and clean up of oil spill 
pollution, to improve the safety of vessels and pipelines 
supporting offshore oil drilling, to ensure that there are 
adequate response plans to prevent environmental damage from 
oil spills, and for other purposes.

                  Background and Need for Legislation

    The Deepwater Horizon is a mobile offshore drilling unit 
(MODU); it is owned by Transocean Ltd. Due to causes and under 
circumstances currently under investigation, the Deepwater 
Horizon suffered an explosion on April 20, 2010, resulting from 
a blowout in the well it was drilling at the Macondo 
exploration site in an area of the Gulf of Mexico known as the 
Mississippi Canyon Block 252 (MC 252). At the time of the 
explosion, the Deepwater Horizon was leased by BP p.l.c. (BP), 
which owns a majority stake in the MC 252 site and had 
contracted the rig to drill a prospect well. Following the 
explosion, the MODU sank on April 22. Eleven individuals who 
had been working on the Deepwater Horizon were killed in this 
accident. Since the explosion, oil has been spilling from the 
well into the Gulf of Mexico. U.S. Government and independent 
scientists estimate that the most likely flow rate of oil is 
between 35,000 and 60,000 barrels per day. In response to the 
Deepwater Horizon disaster, BP has made numerous attempts to 
stop or contain the flow of oil into the Gulf. The Deepwater 
Horizon disaster has demonstrated that the current limits of 
liability are insufficient to address a potential worst-case 
scenario on the release of oil for offshore facilities, has 
called into question the current limits of liability for other 
vessels, and has highlighted the need to strengthen response 
efforts and environmental protections associated with oil 
spills.

                       Summary of the Legislation

Section 1. Short title; table of contents

    This section designates the title of the bill as the ``Oil 
Spill Accountability and Environmental Protection Act of 
2010'', and provides a table of contents.

Sec. 2. Repeal of and adjustment to limitations on liability

    This section amends section 1004 of OPA to remove the 
existing statutory limitation on liability for damages of a 
responsible party for an offshore facility, and directs the 
President to review, and revise as necessary, other limitations 
on liability provided in section 1004(a).
    Subsection (a)(1)(A) and (C) make technical changes to 
section 1004(a)(2) and redesignate paragraphs.
    Subsection (a)(1)(B) strikes existing section 1004(a)(3) of 
OPA, which established a limitation on liability for damages of 
a responsible party for an offshore facility of the total of 
all removal costs (as described in section 1002(b)(1)) plus $75 
million for damages (as described in section 1002(b)(2)). As a 
result, under the bill, any responsible party for an offshore 
facility is liable for all removal costs plus all damages 
related to a discharge, or a substantial threat of discharge, 
of oil.
    Subsection (a)(2) deletes the second sentence of existing 
section 1004(b)(2), which is rendered moot by the deletion of 
section 1004(a)(3) of OPA.
    Subsection (a)(3) replaces existing section 1004(d)(4) of 
OPA. Existing section 1004(d)(4) requires the President to 
periodically revise the current limits on liability for 
vessels, offshore facilities (including deepwater ports), and 
onshore facilities based on significant increases in the 
Consumer Price Index. Subsection (a)(3) amends section 
1004(d)(4) to direct the President, at least once every three 
years, to review limits on liability for vessels, deepwater 
ports, and onshore facilities, and by regulation revise such 
limits upward to reflect either the amount of liability that 
the President determines is commensurate with the risk of 
discharge of oil presented by a particular category of vessel, 
or any increase in the Consumer Price Index, whichever is 
greater.
    Subsection (b) provides that any repeals and amendments 
made by this section shall apply to all claims arising from 
events or activities occurring, on or after April 19, 2010, 
including any claims pending on or before the date of enactment 
of the Act.

Sec. 3. Evidence of financial responsibility for offshore facilities

    This section amends section 1016 of OPA to increase the 
minimum amount of evidence of financial responsibility that a 
responsible party for an offshore facility must demonstrate to 
comply with OPA.
    Subsection (a)(1) amends existing subsection (c)(1)(B) to 
remove the current, two-tiered system for establishing the 
minimum amount of evidence of financial responsibility for an 
offshore facility based on the location of the facility, and to 
establish the minimum amount of evidence of financial 
responsibility for an offshore facility of $1.5 billion.
    Subsection (a)(2) replaces existing subsection (c)(1)(C) of 
OPA. Existing subsection (c)(1)(C) provides the President with 
discretionary authority to increase the amount of evidence of 
financial responsibility for a responsible party of an offshore 
facility based on a series of factors, not to exceed $150 
million. Subsection (a)(2) amends subsection (c)(1)(C) to 
provide the President with similar discretionary authority to 
increase the amount of evidence of financial responsibility for 
a responsible party of an individual offshore facility, based 
on the relative operational, environmental, human health, and 
other risks posed by the quantity, quality, or location of oil 
that is explored for, drilled for, produced, or transported by 
the responsible party. Under new subsection (c)(1)(C)(i), there 
is no statutory limit to the amount of evidence of financial 
responsibility that the President may require, on a case-by-
case basis, for a responsible party of an individual offshore 
facility, provided that such amount is justified based on the 
factors identified in clause (i).
    Subsection (a)(2) also directs the President, at least once 
every three years, to review the level of financial 
responsibility established in subsection (c)(1)(B) (initially 
set at $1.5 billion) and by regulation revise such level 
upwards to a level that the President determines is justified 
based on the relative operational, environmental, human health, 
and other risks posed by the quantity, quality, or location of 
the oil that is explored for, drilled for, produced, or 
transported by the responsible party. This subsection requires 
the President, upon completion of such review, to notify 
Congress as to whether the President will revise the levels of 
financial responsibility and the factors for making such 
determination. This report shall be submitted to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and to the Committee on Environment and Public 
Works of the Senate.
    Subsection (a)(3) strikes a definition for the seaward 
boundary of a State that is rendered moot by the amendments to 
subsection (c)(1)(B) of OPA.
    Subsection (b)(1) provides that any amendments made by this 
section shall take effect on the date of enactment of the Act 
and shall apply to any lease for exploration, development, or 
production of minerals (including oil), as defined by the Outer 
Continental Shelf Lands Act, that the Secretary of the Interior 
awards after the date of enactment of the Act.
    Subsection (b)(2) requires the President, within six months 
of the date of enactment of the Act, to require any person who 
holds an existing lease for exploration, development, or 
production of minerals (including oil), as defined by the Outer 
Continental Shelf Lands Act, located in the navigable waters, 
adjoining shoreline, or the Exclusive Economic Zone (EEZ) of 
the United States to provide such additional evidence of 
financial responsibility, as necessary, to meet the levels of 
financial responsibility required by OPA, as amended by the 
Act.

Sec. 4. Damages to human health

    Subsection (a) amends section 1002(b)(2) of OPA to 
authorize an individual to seek compensation from a responsible 
party under the Act for damages to human health resulting from 
a discharge (or substantial threat of discharge) of oil. This 
subsection authorizes a claimant to seek damages from a 
responsible party for demonstrable, adverse impacts to human 
health, including fatal injuries and mental health impacts, 
resulting from the discharge or threatened discharge of oil.
    Subsection (b) provides that any amendments made by 
subsection (a) shall apply to all claims arising from events or 
activities occurring on or after April 19, 2010, including any 
claims pending on or before the date of enactment of the Act.

Sec. 5. Clarification of liability for discharges from mobile offshore 
        drilling units

    Subsection (a) amends section 1004(b)(2) of OPA to clarify 
that MODUs are liable for a discharge (or substantial threat of 
discharge) of oil into or upon the navigable waters or 
adjoining shoreline or the EEZ. The Committee notes that 
section 1002(a) of OPA explicitly states that a responsible 
party for a vessel or facility (including an offshore facility) 
from which oil is discharged, or that poses the substantial 
threat of a discharge of oil, into or upon the navigable waters 
or adjoining shoreline or the EEZ is liable for the removal 
cost and damages that result from such incident.
    The Committee received comments expressing concern that 
section 1004(b)(2) of OPA could be misinterpreted as limiting 
the liability for MODUs to only those discharges (or 
substantial threat of discharges) ``on or above the surface of 
the water.'' The Committee believes that such an interpretation 
is inconsistent with the explicit language on liability 
contained in section 1002(a) of OPA. Accordingly, the 
amendments made by this section are intended to clarify that a 
responsible party for a MODU is liable for all discharges from 
such unit, consistent with section 1002(a) of OPA.
    Subsection (b) provides that any amendments made by 
subsection (a) shall apply to all claims arising from events or 
activities occurring on or after April 19, 2010, including any 
claims pending on or before the date of enactment of the Act.

Sec. 6. Standard of review for damage assessment

    This section amends section 1006(e)(2) of OPA regarding the 
standard of judicial review for any determination or assessment 
of damages to natural resources pursuant to OPA. Existing 
section 1006(e)(2) of OPA provides that any determination of 
assessment of damages by a Federal, State, or Indian trustee 
shall have the force and effect of a rebuttable presumption on 
behalf of the trustee in any administrative or judicial 
proceeding under OPA. This section amends existing section 
1006(e)(2) to ensure that the standard of judicial review for 
such an assessment of damages is consistent with that 
established in the Administrative Procedures Act (APA), which 
is the general standard of review for final agency actions.

Sec. 7. Information on claims

    Subsection (a) amends Title I of OPA by adding a new 
section 1013A that authorizes the President, in the event of a 
spill of national significance, to require a responsible party 
or guarantor to provide information on or related to claims, 
either individually, in the aggregate, or both, that the 
President requests.
    Subsection (b) makes a conforming amendment to the table of 
contents of OPA.
    Subsection (c) provides that any amendments made by this 
section shall apply to all claims arising from events or 
activities occurring on or after April 19, 2010, including any 
claims pending on or before the date of enactment of the Act.

Sec. 8. Limitation of Liability Act

    This section repeals the Limitation of Liability Act of 
1851, which limits the liability of a ship owner to the value 
of the vessel and freight.
    Subsection (a)(1) repeals 46 U.S.C. Sec. Sec. 30505, 30506, 
30507, 30511, and 30512.
    Subsection (a)(2) re-designates sections 30508 through 
30510 as sections 30505 through 30507, respectively.
    Subsection (b) amends section 1018(a) and (c) of OPA and 46 
U.S.C. Sec. 14305(a) to remove references to the Limitation of 
Liability Act of 1851.
    Subsection (c) provides that any repeals and amendments 
made by this section shall apply to all claims arising from 
events or activities occurring on or after April 19, 2010, 
including any claims pending on or before the date of enactment 
of the Act.

Sec. 9. Death on the High Seas Act

    This section expands the damages recoverable under the 
Death on the High Seas Act (46 U.S.C. chapter 303). The Death 
on the High Seas Act applies when the death of an individual is 
caused by a wrongful act, neglect, or default occurring on the 
high seas.
    Subsection (a) amends 46 U.S.C. Sec. Sec. 30302 and 30303 
to allow the recovery of pecuniary losses and nonpecuniary 
losses authorized under general maritime law, including the 
loss of care, comfort, and companionship, plus fair 
compensation for the decedent's pain and suffering.
    Subsection (b) provides that the amendments made by this 
section shall apply to all claims arising from events or 
activities occurring on or after April 19, 2010, including any 
claims pending on or before the date of enactment of the Act.

Sec. 10. Jones Act

    This section expands the damages recoverable under 46 
U.S.C. Sec. 30104 (commonly called the Jones Act) regarding the 
personal injury to or death of seamen.
    Subsection (a) amends section 30104 to allow the recovery 
of nonpecuniary losses that are authorized under general 
maritime law, including the loss of care, comfort, and 
companionship.
    Subsection (b) provides that the amendments made by this 
section shall apply to all claims arising from events or 
activities occurring on or after April 19, 2010, including any 
claims pending on or before the date of enactment of the Act.

Sec. 11. Americanization of offshore operations in the exclusive 
        economic zone

    This section amends 46 U.S.C. Sec. 12111 to require vessels 
engaged in support of exploration, development, or production 
of resources in, on, above, or below the EEZ or any other 
activity in the EEZ (as defined in section 46 U.S.C. Sec. 107) 
be U.S.-flag vessels owned by U.S. citizens. This section 
ensures that these vessels are subject to U.S. safety 
regulations, employ U.S. citizens on board the vessel, and that 
U.S. taxes are paid on the operations of the vessel and by the 
personnel engaged on the vessel.
    Subsection (a)(2) states that this section applies only 
with respect to exploration, development, production, and 
support activities that commence on or after July 1, 2011.
    Subsection (b) extends the application of this title to the 
EEZ to the extent that regulation of such operation is not 
prohibited under customary international law.
    Subsection (c) requires the Secretary of the department in 
which the U.S. Coast Guard is operating (e.g., Secretary of 
Homeland Security), not later than 180 days after the date of 
enactment of this Act, to establish a program to provide Coast 
Guard personnel with the training necessary to implement this 
section.

Sec. 12. Safety management systems for mobile offshore drilling units

    This section amends 46 U.S.C. Sec. 3203 to require the 
safety management plan for a MODU operating in waters subject 
to the jurisdiction of the United States to include processes, 
procedures, and policies related to the safe operation and 
maintenance of the machinery and systems on board the unit that 
are used for the industrial business and functions of the unit, 
including drilling operations.

Sec. 13. Safety standards for mobile offshore drilling units

    This section requires the Secretary of Homeland Security, 
in prescribing regulations for MODUs, to develop standards to 
address a worst-case event involving a discharge of gas or oil.

Sec. 14. Coast Guard marine safety workforce

    This section amends 14 U.S.C. chapter 5 by requiring the 
Secretary of Homeland Security to designate a sufficient number 
of Coast Guard positions--including marine inspectors, marine 
casualty investigators, and marine safety engineers--to be in 
the service's marine safety workforce and to ensure that a 
sufficient number of fully-qualified officers, members, and 
civilian employees are assigned to these positions.
    This section also requires the Secretary of Homeland 
Security to ensure that appropriate career paths are available 
for officers, members, and civilian employees of the Coast 
Guard who want to pursue careers in marine safety and specifies 
training, experience, and qualification requirements for marine 
inspectors, marine casualty investigators, and marine safety 
engineers, as well as for those marine inspectors assigned to 
inspect MODUs.
    Further, this section requires that those personnel 
assigned as marine inspectors, marine casualty investigators, 
and marine safety engineers shall serve a minimum one-year 
apprenticeship under a qualified marine inspector, marine 
casualty investigator, or marine safety engineer unless the 
Commandant authorizes a shorter apprenticeship period for 
certain qualifications. Those personnel serving as marine 
inspectors or marine casualty investigators responsible for 
inspecting highly specialized vessels--including MODUs, tank 
vessels, and vessels carrying certain dangerous cargoes--are 
required to serve a minimum of a six-month apprenticeship with 
those vessels.
    Subsection (c) requires the Secretary to review and report 
to Congress on the needs of maritime safety and security teams 
participating in patrols and setup of safety zones for, and 
management of, the discharge of oil that began in 2010 in 
connection with the explosion on, and sinking of, the MODU 
Deepwater Horizon. This subsection also authorizes 
appropriations to remain available until expended sums that are 
necessary to support the response of the Coast Guard and any 
Coast Guard maritime safety and security team in such patrols, 
setup of safety zones, and management.

Sec. 15. Operational control of mobile offshore drilling units

    Current law requires that U.S.-flag vessels are under the 
command of a U.S. citizen that is operating under the authority 
of a license issued by the Coast Guard. This section adds 
additional requirements for an individual to obtain a license 
as master of a MODU. This section requires that the individual 
demonstrate the knowledge, understanding, proficiency, and sea 
service required to be responsible for all industrial business 
or functions of a MODU, including all drilling operations of 
that type of unit for which the applicant is to be licensed. 
These requirements are intended to ensure that a single person 
is responsible for ensuring the safe operation of a MODU at all 
times by exercising sole oversight over all activities 
conducted by a MODU. The amendments made by this section shall 
take effect six months after the date of enactment of this Act.

Sec. 16. Leave retention authority

    This section adds 14 U.S.C. Sec. 426 to provide that any 
Coast Guard personnel who work in support of a major disaster 
or emergency, as declared by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, or in 
support of the response to a spill of national significance, as 
declared by the Commandant, can retain up to 90 days of accrued 
leave at the end of the fiscal year.

Sec. 17. Single-hull tankers

    This section prohibits single-hull tankers from offloading 
at the Louisiana Offshore Oil Platform (LOOP) or U.S. 
lightering areas beginning on January 1, 2011, instead of the 
current law deadline of January 1, 2015.

Sec. 18. Repeal of response plan waiver

    This section amends section 311(j)(5)(G) of the Clean Water 
Act to prohibit an onshore facility, offshore facility, or tank 
vessel from operating without an approved plan for responding 
to a worst-case discharge, and to a substantial threat of such 
a discharge, of oil or a hazardous substance. Section 18(3) 
specifically prohibits a MODU, as defined in section 1001 of 
OPA, from operating without a response plan approved under 
section 311 of the Clean Water Act.

Sec. 19. National Contingency Plan

    This section amends section 311(d) of the Clean Water Act 
to require: (1) the President to develop guidelines for the use 
of oil spill containment booms; (2) the Administrator of the 
Environmental Protection Agency (EPA) to update the regulations 
for use of chemical dispersants; and (3) the President to 
develop criteria, as part of the National Contingency Plan, for 
ceasing and removing a worst-case discharge of oil or hazardous 
substances, or for mitigating and preventing a substantial 
threat of such a discharge.
    Subsection (a) amends section 311(d)(2) of the Clean Water 
Act to require that the National Contingency Plan for the 
removal of oil and hazardous substances include guidelines for 
the use of containment booms to contain a discharge of oil or a 
hazardous substance, including identification of quantities of 
containment booms likely to be needed, available sources of 
containment booms, and best practices for containment boom 
placement, monitoring, and maintenance.
    Subsection (b) amends section 311(d) of the Clean Water Act 
by adding a new paragraph (5) related to the use of 
dispersants, other chemicals, and other spill mitigating 
devices and substances to respond to the discharge or 
substantial threat of discharge of oil or a hazardous 
substance.
    New subsection (d)(5)(A) requires the President, acting 
through the Administrator of EPA, and within 15 months of the 
date of enactment of the Act, to issue a revised regulation for 
the development of the schedule for the use of dispersants, 
other chemicals, and other spill mitigating devices and 
substances, consistent with the requirements of new paragraph 
(5).
    New subsection (d)(5)(B) establishes minimum criteria for 
the regulation required under subparagraph (A). For 
dispersants, other chemicals, and other spill mitigating 
substances included or proposed for inclusion on the schedule 
under section 311(d)(2)(G), the Administrator is required to: 
(1) establish minimum toxicity and efficacy criteria, taking 
into account the results of the EPA-led study carried out under 
new subsection (d)(5)(C); (2) provide for independent testing 
or other verification of information provided by an applicant 
seeking inclusion of such dispersant, chemical, or substance on 
the schedule related to the toxicity or effectiveness of the 
product; (3) establish a framework for the use of any 
dispersant, chemical, or substance, including potential 
restrictions on the quantity, location, or method of use of the 
product, the quantity thresholds where additional consultation 
(on risk and potential impacts) with and approval (of specific 
quantities of product use) by the Regional Response Team and 
the Federal On-Scene Coordinator is required (over the baseline 
approval required new subsection 311(d)(5)(E)), criteria for 
developing the appropriate maximum quantity of a product that 
may be used, and a ranking of various products based on 
effectiveness and toxicity; (4) establish a requirement that 
the volume of oil or hazardous substances discharged, and the 
volume and location of any use of dispersant, chemical, or 
other substance, be measured and made publicly available; (5) 
notwithstanding any other provision of law, to require the 
public disclosure of the specific chemical identity, including 
the chemical and common name of any ingredients contained in, 
and specific chemical formulas or mixtures of, any dispersant, 
chemical, or substance; and (6) provide a mechanism for 
delisting any dispersant, chemical, or substance because it 
poses a significant risk to or impact on human health or the 
environment.
    With respect to the requirements of new subsection 
(d)(5)(B)(i)(II), the Committee received information 
questioning the accuracy of toxicity and effectiveness data 
submitted to EPA in relation to the listing of a dispersant, 
chemical, or other substance on the National Contingency Plan 
Product Schedule. The Committee also received testimony that 
called into question whether dispersants, chemicals, or other 
substances are sufficiently tested, and their potential impacts 
evaluated, before they are used in response to a release of oil 
or hazardous substance. The Committee intends the provisions of 
new subsection (d)(5)(B)(i)(II) to require the Administrator, 
prior to the listing (or extension of listing) of any 
dispersant, chemical, or other substance, to verify the 
accuracy of toxicity, effectiveness, and other data received 
from a manufacturer, including, where applicable, the 
independent testing of the dispersant, chemical, or other 
substance to verify such data.
    For a dispersant, chemical, or substance not specifically 
identified on the schedule, and prior to the use of such 
products in accordance with section 311(d)(2)(G), the 
Administrator is required to establish: (1) the minimum 
toxicity and efficacy criteria for such dispersant, chemical, 
or substance; (2) the information, including the specific 
chemical identity, formula, and mixtures, on such dispersant, 
chemical, or substance that shall be made publicly available; 
and (3) such additional information as the Administrator 
determines necessary. The Committee intends to harmonize the 
minimum toxicity and effectiveness criteria and public 
disclosure requirements for dispersants, chemicals, and other 
substances, regardless of whether they are listed on the 
schedule or not specifically identified on the schedule. The 
Committee intends that neither the Federal On-Scene Coordinator 
nor the Administrator will approve the use of any dispersant, 
chemical, or other substance under this section that does not 
meet the minimum requirements for toxicity, effectiveness, and 
public disclosure established by clauses (i) and (ii).
    For other spill mitigating devices included or proposed to 
be included on the schedule under section 311(d)(2)(G), the 
Administrator shall require the manufacturer of such device to 
carry out a study of the risks and effectiveness of the device, 
and provide a mechanism for delisting any such device because 
it poses a significant risk to or impact on human health or the 
environment.
    New subsection (d)(5)(C) requires the Administrator, within 
three months of the date of enactment of the Act, to initiate a 
study on the potential risks and impacts to human health and 
the environment, including acute and chronic risks, from the 
use of dispersants, chemicals, and other mitigating substances, 
in any, that may be used to carry out the National Contingency 
Plan. In carrying out this study, the Administrator shall 
assess the potential risks and impacts: (1) on a representative 
sample of biota and types of oil from locations where such 
products may be used; (2) on human health, including 
individuals most likely to come into contact with such 
products, such as oil spill response action workers; and (3) 
that result from any byproducts created from the use of such 
products, including chemically-dispersed oil and weathered 
dispersants, chemicals, and other substances. In carrying out 
the study, the Administrator shall determine what information 
may be required from manufacturers of dispersants, chemicals, 
or other substances to evaluate the potential risks and impacts 
to human health and the environment. New subsection 
(d)(5)(C)(ii)(I) provides that any manufacturer who is required 
to provide information to the Administrator must comply as a 
condition of listing on the schedule. The Committee intends 
that failure to provide such information be a factor to be 
considered in determining whether the use of a dispersant, 
chemical, or other mitigating substance should be approved by 
the Federal On-Scene Coordinator under new subsection 
(d)(5)(E).
    New subsection (d)(5)(D) requires the Administrator, not 
later than five years after the date of enactment of the Act, 
and at least once every five years thereafter, to review the 
schedule for the use of dispersants, chemicals, and other spill 
mitigating devices and substances that may be used to carry out 
the National Contingency Plan, and update or revise the 
schedule, as necessary, to ensure the protection of human 
health and the environment. Subparagraph (D) also directs the 
Administrator to ensure, to the maximum extent practicable, 
that each update or revision to the schedule increases the 
minimum effectiveness value necessary for listing a dispersant, 
other chemical, or other spill mitigating device or substance 
on the schedule. The Committee understands that, pursuant to 40 
C.F.R. Sec. 300.915, the current minimum effectiveness for a 
dispersant on the National Contingency Plan product schedule is 
45 percent. The Committee is concerned that, without a gradual 
increase in the minimum effectiveness, there may be little 
incentive to develop more effective (and potentially less 
toxic) dispersants for use in relation to the release of oil or 
hazardous substances. The Committee believes that the mandatory 
five-year review period and the gradual increase in the minimum 
effectiveness value will spur the development of the next 
generation of dispersants, chemicals, and other spill 
mitigating devices and substances to be used in the event of a 
discharge of oil or a hazardous substance.
    New subsection (d)(5)(E) directs the Administrator, in 
issuing regulations under subsection (d)(5)(A), to require the 
approval of the Federal On-Scene Coordinator, in coordination 
with the Administrator, for all uses of a dispersant, other 
chemical, or other spill mitigating substance in any removal 
action, including any product listed on the schedule developed 
pursuant to such regulation, and any product included as part 
of an approved area contingency plan or response plan developed 
under section 311.
    New subsection (d)(6) requires the President, within six 
months of the date of enactment of the Act, to review the 
procedures and standards developed under the National 
Contingency Plan (section 311(d)(2)(J)) for removing a worst-
case discharge of oil or hazardous substances and for 
mitigating or preventing a substantial threat of such a 
discharge, to determine their sufficiency in ceasing and 
removing a worst-case discharge, and for mitigating or 
preventing a substantial threat of such a discharge. Not later 
than one year after the date of enactment of the Act, the 
President is required to undertake a rulemaking to revise such 
procedures and standards, consistent with the findings of the 
review, and develop a metric for evaluating the National 
Contingency Plan, Area Contingency Plans, and tank vessel, 
nontank vessel, and facility response plans consistent with the 
revised procedures and standards. The Committee received 
testimony during its hearings on the Deepwater Horizon spill 
that called into question the adequacy of the contingency and 
response plans for addressing a worst-case discharge of oil 
from the facility. The Committee intends the amendments to the 
National Contingency Plan to require the President to re-
evaluate the overall effectiveness and sufficiency of 
contingency and response plans to address a worst-case 
discharge of oil from a site similar to that experienced by the 
Deepwater Horizon spill, and to develop a metric for review of 
future response plans to ensure their effectiveness and 
sufficiency in addressing future discharges (or substantial 
threats of discharge) of oil or hazardous substances.
    Subsection (c) amends section 311(j)(4)(C)(iv) to require 
Area Contingency Plans to identify, among the list of equipment 
available to the owner or operator of a vessel or facility and 
Federal, State, and local agencies, the amount of oil spill 
containment boom that is available.

Sec. 20. Tracking database

    This section amends section 311(b) of the Clean Water Act 
to require the President to create a comprehensive national 
database to track all discharges of oil or hazardous 
substances: (1) released into the waters of the United States, 
adjoining shoreline, or into or upon the waters of the 
contiguous zone; (2) released in connection with activities 
under the Outer Continental Shelf Lands Act or Deepwater Port 
Act of 1974; or (3) that may affect natural resources belonging 
to, appertaining to, or under the exclusive management 
authority of the United States (including resources under the 
Fishery Conservation and Management Act of 1976). New 
subsection 311(b)(13)(B) includes specific data that must be 
included as part of the national discharge database, directs 
the President to utilize data provided by each of the Federal 
agencies with regulatory authority over oil exploration, 
production, transportation, and storage, and requires that the 
database be publicly accessible.

Sec. 21. Safety of transportation-related offshore platforms

    This section adds 49 U.S.C. Sec. 60138 to require the 
Secretary of Transportation to conduct an analysis of the 
adequacy of existing regulations and standards for the safety 
of transportation-related offshore platforms and the impact of 
the integrity of such platforms on pipeline safety. Not later 
than two years after the date of enactment of this Act, the 
Secretary of Transportation shall submit a report on the 
results of such analysis to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate. The report shall include any recommendations that the 
Secretary of Transportation may have for addressing the safety 
or integrity of transportation-related offshore platforms, 
including any recommendations for legislative or regulatory 
action.

Sec. 22. Evaluation and approval of response plans; maximum penalties

    This section amends section 311 of the Clean Water Act to 
clarify and strengthen Federal oversight of oil spill response 
plans, and to update the level of administrative and civil 
penalties for failure to develop or implement an oil spill 
response plan.
    Subsection (a)(1) amends subsection (j)(5)(A) to clarify 
the respective roles of Federal agencies with respect to review 
and approval of oil spill response plans.
    New subsection (j)(5)(A)(iii)(I) clarifies that, with 
respect to a response plan for a tank vessel, nontank vessel, 
or offshore facility, the lead Federal agency is the Secretary 
of Homeland Security or the Administrator. Subclause (I) 
preserves EPA's existing authority with respect to an offshore 
facility located landward of the coast line (e.g., on inland 
lakes, rivers, streams, bays, and any other inland waters), as 
described in the 1993 Memorandum of Understanding (40 C.F.R. 
Sec. 112, Appendix B); preserves the Coast Guard's existing 
authority with respect to vessels; and provides additional 
authority to the Coast Guard with respect to other offshore 
facilities. Subclause (I) requires the Secretary of Homeland 
Security to concur with any response plan for an offshore 
facility not subject to the authority of the Administrator. The 
Committee believes that the events of the Deepwater Horizon 
spill highlighted a concern with joint oversight and review by 
the Coast Guard and the Minerals Management Service (MMS) of 
the Department of Interior over certain offshore facilities, 
such as MODUs. Because of a MODU's unique status as a vessel 
and an offshore facility, under current law, oversight of a 
MODU response plan was bifurcated between the Coast Guard (with 
respect to the vessel) and the MMS (with respect to the 
drilling unit and wellhead). The Coast Guard is the Federal On 
Scene Coordinator for an offshore oil spill. Therefore, the 
Committee believes that the Coast Guard should review and 
concur in any response plan that it will be responsible for 
implementing. Subclause (I) directs the Secretary of Homeland 
Security to provide the final review of both the vessel 
response plan, and the drilling unit/wellhead response plan, to 
ensure that the latter does not adversely impact the safety of 
the vessel.
    New subsection (j)(5)(A)(iii)(II) preserves the existing 
authority of the Administrator and the Secretary of 
Transportation with respect to an onshore facility, as 
described in the Memorandum of Understanding between the 
Secretary of Transportation and the Administrator (40 C.F.R. 
Sec. 112, Appendix A).
    New subsection (j)(5)(A)(iv) requires the Secretary of 
Homeland Security or the Administrator, as appropriate, to 
require that a response plan for a vessel or facility submitted 
for review contain a probabilistic risk analysis for all 
critically engineered systems of the vessel or facility, and 
adequately address all risks identified in the risk analysis. 
The Secretary or Administrator shall require an owner, 
operator, or person that develops such analysis to make the 
risk analysis available to the public.
    Subsection (a)(2) replaces existing subsection (j)(5)(E) to 
strengthen Federal oversight and approval or disapproval of any 
oil spill response plan. Subsection (j)(5)(E) requires the 
appropriate Federal department or agency (i.e., Department of 
Homeland Security, EPA, Department of Transportation (DOT), 
MMS) to establish a more transparent and rigorous oil spill 
response plan review and approval process. This subparagraph 
requires the President to provide an opportunity for public 
notice and comment on an oil spill response plan for an 
offshore or onshore facility or tank vessel that carries 
liquefied natural gas (LNG) and, acting through the appropriate 
Federal department or agency, make the response plan available 
to the public, including on the Internet.
    In addition, subsection (j)(5)(E) includes specific 
authority for the President to approve, approve with revisions, 
or disapprove the response plan. The Committee expects the 
appropriate Federal department or agency to assess the adequacy 
of a submitted response plan to prevent and address a potential 
discharge of oil or hazardous substances, including a potential 
worst-case discharge of oil, such as that experienced in the 
Deepwater Horizon spill. The Committee also expects that the 
appropriate Federal department or agency will either disapprove 
or approve with revisions any oil spill response plan that such 
department or agency believes is inadequate.
    Subparagraph (E) also requires the appropriate Federal 
department or agency to conduct, at a minimum, biennial 
inspections of the vessel or facility to ensure compliance with 
the response plan or identify deficiencies in the plan. The 
Committee intends that Federal agency personnel will conduct 
the biennial inspections required by this provision in-person; 
the practice of self-certification by the owner, operator, or 
other person in charge of the vessel or facility, even with 
Federal agency review, will not achieve compliance with this 
statutory requirement.
    Finally, subparagraph (E) provides authority for the head 
of the appropriate Federal department or agency to issue 
administrative orders directing the owner, operator, or person 
in charge of a vessel or facility to comply with an approved 
response plan or any regulation issued under section 311, and 
to assess civil penalties or conduct other appropriate 
enforcement actions, including issuance of administrative and 
civil penalties, for failure to develop, submit, receive 
approval of, adhere to, or maintain the capability to implement 
the response plan, or failure to comply with any other 
requirement of section 311.
    Subsection (a)(3) amends subsection (j)(5) to add new 
subparagraph (J) that requires the President, acting through 
the Secretary of Homeland Security, the Secretary of 
Transportation, and Administrator to submit a biennial report 
to Congress on the process of review, approval, approval with 
revisions, disapproval, inspection, and enforcement of oil 
spill response plans.
    Subsection (a)(4) amends subsection (m)(2) to clarify that 
the Secretary of Transportation has authority to conduct 
oversight and inspect a transportation-related facility.
    Subsection (b)(1)(A) amends subsection (b)(6)(A) to clarify 
that the Secretary of Transportation has authority to assess 
administrative penalties against an owner, operator, or person 
in charge of a transportation-related facility.
    Subsection (b)(1)(B) amends subsection (b)(6)(A) to: (1) 
provide the appropriate Federal department or agency with 
authority to issue administrative penalties for any person who 
fails to provide notice to such agency of a discharge of oil or 
hazardous substance in violation of section 311(b)(3); (2) 
clarify that the appropriate Federal agencies can assess 
administrative penalties for failure to comply with any order 
or action required by the President under subsections 311(c) 
(Federal Removal Authority) or (e) (Orders Protecting Public 
Health), or any regulation issued under subsection 311(j) 
(National Response System); and (3) clarify the respective 
roles of the appropriate Federal agencies.
    Subsection (b)(1)(C) amends various provisions of 
subsection (b)(6)(B) to increase the maximum amount of 
administrative penalties.
    Subsection (b)(2)(A) amends various provisions of 
subsection (b)(7) to increase the maximum amount of civil 
penalties.
    Subsection (b)(2)(B) amends subsection (b)(7)(B) to: (1) 
clarify that a civil penalty may be assessed for both a 
discharge of oil or hazardous substance or the substantial 
threat of discharge of oil or a hazardous substance; (2) to 
clarify that a civil penalty may be assessed for violation of 
any action required by the President under subsection 311(c) 
(Federal Removal Authority) or any order under subsection 
311(e) (Orders Protecting Public Health); and (3) provide the 
appropriate Federal agency with authority to assess a civil 
penalty against any person who fails to provide notice to such 
agency of a discharge of oil or hazardous substance in 
violation of section 311(b)(3).
    Subsection (b)(2)(C) amends subsection (b)(7)(C), (D), and 
(E) to: (1) clarify that the appropriate Federal agency has the 
authority to order injunctive relief for violations of 
regulations issued under section 311(j) (National Response 
System) or to refer such matters to the Attorney General; (2) 
clarify that a Federal district court may award appropriate 
relief, including injunctive relief, civil penalties, 
compliance and punitive damages for a violation of section 311; 
and (3) increase the maximum amount of civil penalties for 
failure to comply with regulations issued under section 311(j) 
(National Response System) or in the event of gross negligence.
    Subsection (b)(3) provides that any amendments made by this 
subsection shall apply to all violations occurring on or after 
April 19, 2010.
    Subsection (c) amends subsection (c)(1)(B)(ii) to clarify 
that the appropriate Federal agency has authority to issue an 
administrative order to compel Federal, State, or private 
action to remove a discharge of oil or hazardous substance.

Sec. 23. Oil and hazardous substance cleanup technologies

    This section amends section 311(j) of the Clean Water Act 
to require the Secretary of Homeland Security, in coordination 
with the heads of other appropriate Federal agencies, to 
establish a process for quickly and effectively soliciting, 
assessing, and deploying offshore oil and hazardous substance 
cleanup technologies in the event of a discharge or substantial 
threat of a discharge of oil or a hazardous substance in U.S. 
waters. This section also requires the Secretary of Homeland 
Security to maintain a database on best available oil and 
hazardous substance cleanup technologies. In addition, this 
section requires the Secretary to effectively coordinate with 
other appropriate agencies, industry, academia, small 
businesses, and others to ensure that the best technology 
available is implemented in the event of a discharge or threat 
of a discharge of oil of hazardous substance in U.S. waters.

Sec. 24. Implementation of oil spill prevention and response 
        authorities

    This section amends section 311(l) of the Clean Water Act 
to more explicitly describe the authorities of various Federal 
agencies with respect to section 311 of the Clean Water Act.
    This section requires EPA to develop and maintain the 
operational capability: (1) for effective inspection, 
monitoring, prevention, preparedness, and response authorities 
related to the discharge or substantial threat of a discharge 
of oil or a hazardous substance; (2) to protect human health 
and safety from impacts of a discharge or substantial threat of 
a discharge; (3) to review and approve of, disapprove of, or 
require revisions (if necessary) to onshore facility response 
plans and to carry out all other responsibilities under section 
311(j)(5)(E); and (4) to protect the environment and natural 
resources from impacts of a discharge or substantial threat of 
a discharge of oil or a hazardous substance.
    This section also requires the Coast Guard to develop and 
maintain operational capability: (1) to establish and enforce 
regulations and standards for procedures, methods, equipment, 
and other requirements to prevent and to contain a discharge of 
oil or a hazardous substance from a tank vessel, nontank 
vessel, or offshore facility; (2) to establish and enforce 
regulations, and to carry out all other responsibilities, under 
subsection 311(j)(5)(A); (3) to review and approve of, 
disapprove of, or require revisions (if necessary) to tank 
vessel, nontank vessel, and offshore facility response plans 
and to carry out all other responsibilities under section 
311(j)(5)(E); (4) for effective inspection, monitoring, 
prevention, preparedness, and response authorities related to 
the discharge or substantial threat of a discharge of oil or a 
hazardous substance from a tank vessel, nontank vessel, or 
offshore facility; (5) to protect the public from impacts of a 
discharge or substantial threat of a discharge of oil or a 
hazardous substance in U.S. waters; and (6) to protect the 
environment and natural resources from impacts of a discharge 
or substantial threat of a discharge of oil or a hazardous 
substance in U.S. waters.
    In addition, the President shall ensure that the Coast 
Guard has sufficient personnel and resources to act as a first 
responder to a discharge or substantial threat of a discharge 
of oil or a hazardous substance from a tank vessel, nontank 
vessel, or offshore facility, including the resources necessary 
for on-going training of personnel, acquisition of equipment 
(including containment booms, dispersants, and skimmers), and 
prepositioning of equipment. The Secretary of Homeland Security 
may enter into contracts with private and nonprofit 
organizations for personnel and equipment in carrying out these 
responsibilities.
    This section requires DOT to: (1) establish and enforce 
regulations and standards for procedures, methods, equipment, 
and other requirements to prevent and to contain a discharge of 
oil or a hazardous substance from a transportation-related 
onshore facility; (2) review and approve of, disapprove of, or 
require revisions (if necessary) to transportation-related 
onshore facility response plans; and (3) ensure that DOT 
personnel develop and maintain operational capability for 
effective inspection, monitoring, prevention, preparedness, and 
response authorities related to the discharge or substantial 
threat of a discharge of oil or a hazardous substance from a 
transportation-related onshore facility; protect the public 
from the impacts of a discharge or substantial threat of a 
discharge; and protect the environment and natural resources 
from the impacts of a discharge or substantial threat of a 
discharge of oil or a hazardous substance from a 
transportation-related onshore facility.

Sec. 25. Disaster damage notification and assessment

    This section amends 49 U.S.C. Sec. 60108 to require the 
operator of a pipeline facility in an area affected by a 
manmade or natural disaster to notify the Secretary of 
Transportation not later than 12 hours after the cessation of 
the disaster, or an earlier time determined appropriate by the 
Secretary, of any changes to the operational status of the 
pipeline facility, including information concerning physical 
damages, releases of highly volatile liquid, other hazardous 
liquid, or gas, disruptions in service, and projected dates for 
return to service.
    Subsection (a) requires such operator, not later than 30 
days after the cessation of a manmade or natural disaster, to 
develop and transmit to the Secretary of Transportation a 
written damage assessment, which, at a minimum: (1) identifies 
any physical damage to the pipeline facility and any other 
credible threat or hazard to the pipeline facility; (2) 
assesses the extent of any physical damage to the pipeline 
facility and any other credible threat or hazard to the 
pipeline facility; (3) evaluates the integrity of the pipeline 
facility; (4) if necessary, provides a schedule for repairing 
or abandoning the pipeline facility; and (5) meets any other 
requirements that the Secretary determines are appropriate by 
regulation.
    Subsection (b) requires the Secretary of Transportation to 
issue a final rule establishing procedures to carry out this 
section no later than one year after the date of enactment of 
the Act, and requires the Secretary, no later than 45 days 
after the date of enactment, to issue interim guidance to 
pipeline operators on such procedures.

Sec. 26. Impacts to Indian tribes

    This section amends section 1002(b)(2) of OPA to clarify 
that Indian tribes are eligible claimants for damages resulting 
from a discharge, or substantial threat of a discharge, of oil.

Sec. 27. National Commission study of Federal management and oversight 
        of offshore drilling

    On May 21, 2010, President Barack Obama issued an Executive 
Order (Ex. Order No. 13543) creating the National Commission on 
the BP Deepwater Horizon Oil Spill and Offshore Drilling to 
investigate the causes of the Deepwater Horizon disaster, and 
make recommendations for changes to Federal agencies, laws, or 
programs to ensure that similar incidents cannot happen in the 
future.
    This section directs the National Commission to 
specifically review and make recommendations on improvements to 
Federal laws, regulations, and industry practices applicable to 
offshore drilling that would ensure the effective oversight, 
inspection, monitoring, and response capabilities of Federal 
agencies, and to protect human health and safety, occupational 
health and safety, and the environment and natural resources.
    Specifically, this section requires the National Commission 
on the BP Deepwater Horizon Spill and Offshore Drilling to 
investigate the causes of the disaster, and make 
recommendations for changes to Federal agencies, laws, or 
programs to ensure that similar incidents cannot happen in the 
future. The Commission is directed to evaluate the current 
division of responsibility among different Federal agencies, 
and to submit recommendations of whether there should be 
changes in the responsibilities of the agencies now charged 
with regulation, and/or the creation of new agencies. The 
Commission shall ensure that Federal agencies regulating 
offshore drilling are staffed with, and managed by, career 
professionals who make safety the highest priority, and are not 
improperly influenced by political appointees or the regulated 
industry. In coordination with the final report to the 
President, the Commission is required to submit a report to 
Congress containing these recommendations.

Sec. 28. Federal enforcement actions

    This section amends section 309(g)(6)(A) of the Clean Water 
Act to allow independent Federal and State actions, including 
the assessment of penalties, in relation to the discharge of 
oil or hazardous substances under section 311 of the Clean 
Water Act. This amendment would have no effect on the ability 
of a State to file a separate claim under State law.

Sec. 29. Time required before electing to proceed with judicial claim 
        or against the fund

    This section amends section 1013(c) of OPA to decrease the 
time from 90 days to 45 days in which a claimant can elect to 
commence an action in court against the responsible party or to 
present the claim to the Oil Spill Liability Trust Fund (Trust 
Fund) if unpaid.

Sec. 30. Report on former Coast Guard officials employed by recognized 
        organizations

    This section requires the Comptroller General to submit an 
annual report to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Technology of the Senate on 
the employment of individuals who were Coast Guard officials in 
the previous five-year period by recognized organizations 
contracted to administer maritime programs for foreign flag 
administrations. At a minimum, the report shall assess the 
extent to which former Coast Guard officials who received 
compensation from recognized organizations were assigned to 
work on matters over which the former Coast Guard officials had 
oversight, inspection responsibility, or decision-making 
authority when the officials served in or worked for the Coast 
Guard. In addition, the report shall assess the extent to which 
former Coast Guard officials were provided compensation by 
recognized organizations and the positions held by former Coast 
Guard officials in the preceding calendar year.
    This section provides confidentiality to the former Coast 
Guard members by ensuring that their names are not included in 
the report.

Sec. 31. Authorized level of Coast Guard personnel

    This section authorizes an end-of-year strength for active-
duty Coast Guard personnel of 47,300 for fiscal year 2011, of 
which not less than 300 personnel shall be assigned to 
implement the activities required of the Coast Guard by this 
Act.

Sec. 32. Clarification of memorandums of understanding

    This section requires the President (acting through the 
head of the appropriate Federal department or agency) to 
implement or revise, as appropriate, memorandums of 
understanding to clarify the roles and jurisdictional 
responsibilities of EPA, the Coast Guard, DOT, and other 
Federal agencies relating to the prevention of oil discharges 
from tank vessels, nontank vessels, and facilities subject to 
OPA. The section shall be implemented no later than September 
30, 2011.

Sec. 33. Study of health effects of oil spill

    This section directs the Director of the Agency for Toxic 
Substances and Disease Registry (ATSDR) and the Director of the 
Centers for Disease Control and Prevention (CDC) to jointly 
conduct a comprehensive study of the effects on human health of 
exposure to petroleum and other substances released in relation 
to the Deepwater Horizon oil spill or used or produced in 
response to the oil spill, including chemicals used to disperse 
the oil. The section also requires the Directors of ATSDR and 
CDC to jointly complete a baseline assessment to determine the 
health status of individuals exposed to petroleum or other 
substances released in connection with the oil spill to gather 
data to determine any change in health status from continued 
exposure.
    This section also requires the Directors of ATSDR and CDC, 
not later than two years after the date of enactment of this 
Act, to submit a report to Congress on the results of the study 
and baseline assessment.

Sec. 34. Offshore energy security

    This section requires that for all offshore facilities 
constructed after the date of enactment of this Act for 
operation in the U.S. EEZ for purposes of any form of energy 
production shall be built in the United States. All foreign-
built offshore facilities are prohibited from operating in the 
EEZ for such purposes after the date of enactment of the Act.

Sec. 35. Oil spill response vessel database

    This section requires the Commandant of the Coast Guard, 
not later than 90 days after the date of enactment of this Act, 
to complete an inventory of all vessels operating in the waters 
of the United States that are capable of meeting oil spill 
response needs designated in the National Contingency Plan 
authorized by section 311(d) of the Clean Water Act. The 
inventory shall categorize such vessels by capabilities, type, 
function, and location and be stored in a database that is 
updated no less frequently than on a quarterly basis. The 
Commandant may make information regarding the location and 
capabilities of oil spill response vessels available to a 
Federal On-Scene Coordinator to assist in the response to an 
oil spill or other incident in the waters of the United States.

Sec. 36. Offshore sensing and monitoring systems

    This section adds section 4119 to OPA. This section 
requires that offshore facilities located in more than 500 feet 
of water to be equipped with sensing and monitoring systems 
that meet minimum requirements established under this section. 
These requirements include being able to operate for at least 
25 years, providing real-time physical, biological, geological, 
and environmental monitoring, and providing alerts in the event 
of anomalous circumstances. Within 180 days of the date of 
enactment of this Act, the Secretary of Homeland Security shall 
issue regulations to implement this section.

Sec. 37. Vice commandant; vice admirals

    This section authorizes the President to designate no more 
than four positions of importance and responsibility that shall 
be held by vice admirals, with the pay and allowances of that 
grade.

Sec. 38. Oil and gas exploration and production

    This section strikes the definition for ``oil and gas 
exploration and production'' found at section 502(24) of the 
Clean Water Act to restore the authority to address stormwater 
runoff associated with construction-related activities at oil 
and gas exploration, production, processing, and treatment 
operations or transmission facilities.
    Polluted runoff from impervious surfaces, such as 
construction sites, roadways, parking lots, and buildings, is 
the fastest growing source of water pollution in America. 
According to EPA, runoff from impervious surfaces is a central 
cause of pollution for the nation's waters. Although impervious 
surfaces cover only three percent of the land mass of the 
country, EPA estimates that such surfaces are the primary 
source of impairment for 13 percent of rivers, 18 percent of 
lakes, and 32 percent of estuaries in the United States.
    According to EPA, uncontrolled runoff from construction 
sites is a water quality concern because of the devastating 
effects that sedimentation can have on local waterbodies, 
particularly small streams. Numerous studies have shown the 
amount of sediment transported by stormwater runoff from 
construction sites with no controls is significantly greater 
than from sites with controls. In addition to sediment, 
construction activities yield pollutants, such as pesticides, 
petroleum products, construction chemicals, solvents, asphalts, 
and acids that can contaminate stormwater runoff. During 
storms, construction sites may be the source of sediment-laden 
runoff, which can overwhelm a small channel's capacity, 
resulting in streambed scour, streambank erosion, and 
destruction of near-stream vegetative cover. Where left 
uncontrolled, sediment-laden runoff has been shown to result in 
the loss of in-stream habitats for fish and other aquatic 
species, an increased difficulty in filtering drinking water, 
the loss of drinking water reservoir storage capacity, and 
negative impacts on the navigational capacity of waterways.
    In December 2007, an EPA-funded study concluded that 
construction-related activities at drilling sites have an 
adverse impact on water quality, and recommended that 
regulations be developed to reduce or eliminate stormwater 
runoff (and associated pollutants). According to the EPA-funded 
study, well sites have the potential to produce sediment loads 
comparable to other construction-related activities, as well as 
facilitate the introduction of other harmful pollutants, 
including dissolved solids, metals, and acidity, to local 
streams.
    In 1972, Congress authorized significant Federal and state 
authority to control water pollution from point sources, 
including conveyances of stormwater. In 1987, Congress amended 
the Clean Water Act to explicitly require the regulation of 
stormwater discharges, including stormwater from municipal, 
industrial, and construction sources. EPA established the 
National Pollutant Discharge Elimination System (NPDES) Storm 
Water Program, which required certain municipal, industrial, 
and construction sources to obtain Clean Water Act permit 
coverage for stormwater discharges. The stormwater program was 
implemented in two phases. Phase I, adopted in 1990, applied to 
medium and large municipal separate storm sewer systems and 11 
categories of industrial activities (including large 
construction-related activities disturbing more than five acres 
of land). Phase II, adopted in 1999, applied to small municipal 
separate sewer systems and small construction-related 
activities disturbing between one and five acres of land.
    For oil and gas construction-related activities, sites 
greater than five acres (Phase I) were generally required to 
obtain NPDES coverage by October 1, 1992 (See 55 Fed. Reg. 
47990, November 16, 1990). For oil and gas construction-related 
activities disturbing between one and five acres (Phase II), 
EPA proposed NPDES coverage by March 10, 2003 (See 64 Fed. Reg. 
68722, December 8, 1999). However, the compliance deadline for 
oil and gas construction-related activities at Phase II sites 
was extended by agency rulemaking on two separate occasions. In 
2003, the deadline was extended to March 10, 2005 (68 Fed. Reg. 
11325, March 10, 2003) and, in 2005, the deadline was extended 
to June 12, 2006 (70 Fed. Reg. 11560, March 9, 2005).
    Prior to the implementation of the application of NPDES to 
construction-related activities at Phase II oil and gas sites, 
Congress enacted the Energy Policy Act of 2005 (Pub. L. 109-58) 
that amended section 502 of the Clean Water Act to add the 
definition for ``oil and gas exploration and production''. 
Although this issue is squarely within the jurisdiction of the 
Committee on Transportation and Infrastructure, this amendment 
to the Clean Water Act was not considered by the Committee on 
Transportation and Infrastructure, and the Committee held no 
hearings on the water quality impacts of the amendment. The 
amendment to the Clean Water Act was included in the Energy 
Policy Acts reported by the Committee on Energy and Commerce, 
which does not have jurisdiction over the regulatory aspects of 
the Clean Water Act. See H.R. 1644, Sec. 2403 (108th Congress) 
and H.R. 6, Sec. 328 (109th Congress). This provision was 
included over the express objections of then-Ranking Member of 
the Committee on Transportation and Infrastructure, James L. 
Oberstar. See Dissenting Views: Oil and Gas Provisions, H. 
Rept. No. 108-65 (Pt. 1), at 345 (2003). When the House 
considered H.R. 1644 in the 108th Congress, then-Ranking Member 
Oberstar filed an amendment with the Committee on Rules to 
strike this provision from the bill. The Committee on Rules did 
not make the amendment in order and Members were not provided 
any opportunity to strike the provision from the bill.
    The current definition of ``oil and gas exploration and 
production'' provides a permanent exemption from the Clean 
Water Act NPDES permitting requirements for construction-
related activities associated with oil and gas exploration--
both Phase I and Phase II sites. Under current law, 
construction-related activities for oil and gas exploration are 
the only industrial construction-related activities not subject 
to Clean Water Act permitting requirements, despite their 
demonstrated impact on water quality.
    This section restores Clean Water Act NPDES authority over 
construction-related activities at oil and gas exploration, 
production, processing, and treatment operations or 
transmission facilities to that which existed prior to the 
enactment of Pub. L. 109-58. This section does not impact the 
statutory exemption for discharges of stormwater runoff for 
non-construction related activities at oil and gas exploration, 
production, processing, or treatment operations or transmission 
facilities found at section 402(l)(2) of the Clean Water Act.

Sec. 39. Authorization of appropriations

    This section authorizes appropriations from the Trust Fund 
for the Coast Guard, EPA, and DOT to carry out this Act.
    The Coast Guard is authorized to be appropriated from the 
Trust Fund the following amounts: (1) for fiscal year 2011, $15 
million; and (2) for each of fiscal years 2012 through 2015, 
$16 million.
    EPA is authorized to be appropriated from the Trust Fund 
$10 million for each of the fiscal years 2011 to 2015.
    DOT is authorized to be appropriated from the Trust Fund 
the following amounts: (1) for each of fiscal years 2011 
through 2013, $7 million; and (2) for each of fiscal years 2014 
and 2015, $6 million.

            Legislative History and Committee Consideration

    On May 19, 2010, the Committee on Transportation and 
Infrastructure held a hearing on ``Deepwater Horizon: Oil Spill 
Prevention and Response Measures and Natural Resources 
Impacts''. The Committee received testimony from 
representatives of BP, p.l.c., Transocean, Ltd., EPA, the 
National Oceanic and Atmospheric Administration, MMS, the Coast 
Guard, experts in toxicology and oceanography, an impacted Gulf 
fisherman, and representatives of non-governmental 
organizations.
    On June 9, 2010, the Committee on Transportation and 
Infrastructure held a hearing on ``Liability and Financial 
Responsibility for Oil Spills under the Oil Pollution Act of 
1990 and Related Statutes''. The Committee received testimony 
from Members of Congress, the Department of Justice, MMS, and 
the National Pollution Funds Center, and representatives of the 
oil industry, the insurance industry, the shipping industry, 
and the public advocacy and academic community.
    On June 29, 2010, Chairman James L. Oberstar introduced 
H.R. 5629, the ``Oil Spill Accountability and Environmental 
Protection Act of 2010''.
    On July 1, 2010, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 5629. The 
Committee adopted two amendments by voice vote. The Committee 
adopted a manager's amendment that made the numerous changes to 
the bill, including: (1) requiring EPA to rank dispersants on 
the National Contingency Plan list by efficacy and toxicity; 
(2) requiring a study of the human health impacts of the 
Deepwater Horizon oil spill; (3) requiring public notice and 
comment for response plans for LNG tank vessels; (4) addressing 
deficiencies associated with oil spill boom technologies and 
use; (5) strengthening the Coast Guard's role in responding to 
oil spills; (6) requiring a risk assessment analysis be 
included in response plans; (7) requiring the establishment of 
a national database of oil spill response vessels; (8) 
requiring offshore sensing and monitoring systems; (9) 
requiring construction of offshore oil rigs in the United 
States; (10) regarding Coast Guard deployment of best 
technologies available to address offshore release of oil; (11) 
authorizing the reorganization of the leadership of the Coast 
Guard; (12) regarding the payment of damages for mental health 
impacts; and (13) requiring a report on Marine Safety and 
Security Team needs in responding to the Deepwater Horizon oil 
spill. The Committee also adopted an amendment reestablishing a 
requirement that construction-related activities for oil and 
gas exploration and production comply with the stormwater 
requirements of the Clean Water Act. The Committee ordered H.R. 
5629, as amended, reported favorably to the House by voice vote 
with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 5629, or ordering the bill reported. 
A motion to order H.R. 5629, as amended, reported favorably to 
the House was agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is satisfied when a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. To date, the Committee 
has not received a cost estimate for H.R. 5629 from the 
Director of the Congressional Budget Office. The Committee 
references the Committee Cost Estimate, included below.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the Committee Cost Estimate, included 
below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
ensure full recovery from responsible parties of damages for 
physical and economic injuries, adverse effects on the 
environment, and clean up of oil spill pollution, to improve 
the safety of vessels and pipelines supporting offshore oil 
drilling, to ensure that there are adequate response plans to 
prevent environmental damage from oil spills, and for other 
purposes.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, a cost 
estimate from the Director of the Congressional Budget Office 
is not available.

                        Committee Cost Estimate

    H.R. 5629 authorizes the appropriation of the following 
amounts from the Oil Spill Liability Trust Fund for the Coast 
Guard, EPA, and DOT to implement the activities of these 
agencies under H.R. 5629:

                                        AUTHORIZATIONS OF APPROPRIATIONS
                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                            FY 2011    FY 2012    FY 2013    FY 2014    FY 2015
----------------------------------------------------------------------------------------------------------------
Coast Guard..............................................         15         16         16         16         16
Environmental Protection Agency..........................         10         10         10         10         10
Department of Transportation.............................          7          7          7          6          6
    Total................................................         32         33         33         32         32
----------------------------------------------------------------------------------------------------------------

    In addition to these increases in discretionary 
appropriations that would be required to implement H.R. 5629, 
the Committee estimates that two provisions of H.R. 5629 could 
significantly impact revenues and direct spending. First, 
section 3, Evidence of Financial Responsibility for Offshore 
Facilities, increases the minimum amount of evidence of 
financial responsibility that a responsible party for an 
offshore facility must demonstrate to $1.5 billion. This 
provision is likely to result in lower bonus bids on new leases 
for exploration, development, or production of minerals 
(including oil) in the Outer Continental Shelf and reduced 
future royalties to the Federal Government from lower Outer 
Continental Shelf production. Although the impact of this 
provision is highly uncertain, the Committee estimates that it 
could reduce revenues and/or increase direct spending by 
approximately $4 billion over the ten-year period from FY 2011-
FY 2020.
    Second, section 34, Offshore Energy Security, requires that 
all offshore facilities constructed after the date of enactment 
of this Act for operation in the U.S. Exclusive Economic Zone 
(EEZ) for purposes of any form of energy production shall be 
built in the United States. U.S. shipyards are facing declining 
orders for ships from the U.S. Navy and Coast Guard. The 
Committee believes that U.S. shipyards have the capacity and 
the skilled workforce necessary to meet the increased demand 
for the construction of offshore drilling platforms that would 
result from section 34, and would quickly do so. Therefore, the 
Committee estimates that, although this provision could reduce 
future Outer Continental Shelf bonus bids and royalties in the 
near-term, U.S. shipyards and workers will be able to meet 
increased demand.

                     Compliance with House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
5629, as amended, does not contain any earmarks, limited tax 
benefits, or limited tariff benefits under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee has not received an estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (UMRA) (P.L. 104-4). The Committee estimates that H.R. 5629 
contains private-sector mandates as defined in UMRA because it 
would impose new safety standards and financial responsibility 
requirements on vessels, offshore facilities, and onshore 
facilities supporting offshore oil drilling. The Committee 
estimates that the aggregate cost of complying with the 
private-sector mandates in the bill would be significant, and 
would exceed the annual threshold established in UMRA ($141 
million, adjusted annually for inflation).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5629, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

OIL POLLUTION ACT OF 1990

           *       *       *       *       *       *       *

SEC. 2. TABLE OF CONTENTS.

  The contents of this Act are as follows:

            TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

     * * * * * * *
Sec. 1013A. Information on claims.
     * * * * * * *

                    TITLE IV--PREVENTION AND REMOVAL

                         Subtitle A--Prevention

     * * * * * * *
Sec. 4119. Offshore sensing and monitoring systems.

           *       *       *       *       *       *       *

TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

           *       *       *       *       *       *       *

SEC. 1002. ELEMENTS OF LIABILITY.

  (a) * * *
  (b) Covered Removal Costs and Damages.--
          (1) * * *
          (2) Damages.--The damages referred to in subsection 
        (a) are the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) Revenues.--Damages equal to the net loss 
                of taxes, royalties, rents, fees, or net profit 
                shares due to the injury, destruction, or loss 
                of real property, personal property, or natural 
                resources, which shall be recoverable by the 
                Government of the United States, a State, [or a 
                political subdivision thereof] a political 
                subdivision of a State, or an Indian tribe.

           *       *       *       *       *       *       *

                  (F) Public services.--Damages for net costs 
                of providing increased or additional public 
                services during or after removal activities, 
                including protection from fire, safety, or 
                health hazards, caused by a discharge of oil, 
                which shall be recoverable by a State, [or a 
                political subdivision of a State] a political 
                subdivision of a State, or an Indian tribe.
                  (G) Human health.--
                          (i) In general.--Damages to human 
                        health, including fatal injuries, which 
                        shall be recoverable by any claimant 
                        who has a demonstrable, adverse impact 
                        to human health or, in the case of a 
                        fatal injury to an individual, a 
                        claimant filing a claim on behalf of 
                        such individual.
                          (ii) Inclusion.--For purposes of 
                        clause (i), the term ``human health'' 
                        includes mental health.

           *       *       *       *       *       *       *

SEC. 1004. LIMITS ON LIABILITY.

  (a) General Rule.--Except as otherwise provided in this 
section, the total of the liability of a responsible party 
under section 1002 and any removal costs incurred by, or on 
behalf of, the responsible party, with respect to each incident 
shall not exceed--
          (1) * * *
          (2) for any other vessel, $950 per gross ton or 
        [$800,000,,] $800,000, whichever is greater; and
          [(3) for an offshore facility except a deepwater 
        port, the total of all removal costs plus $75,000,000; 
        and]
          [(4)] (3) for any onshore facility and a deepwater 
        port, $350,000,000.
  (b) Division of Liability for Mobile Offshore Drilling 
Units.--
          (1) * * *
          (2) Treated as facility for excess liability.--To the 
        extent that removal costs and damages [from any 
        incident described in paragraph (1)] from any discharge 
        of oil, or substantial threat of a discharge of oil, 
        into or upon the water exceed the amount for which a 
        responsible party is [liable] liable as described in 
        paragraph (1) (as that amount may be limited under 
        subsection (a)(1)), the mobile offshore drilling unit 
        is deemed to be an offshore facility. [For purposes of 
        applying subsection (a)(3), the amount specified in 
        that subsection shall be reduced by the amount for 
        which the responsible party is liable under paragraph 
        (1).]

           *       *       *       *       *       *       *

  (d) Adjusting Limits of Liability.--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) Adjustment to reflect consumer price index.--The 
        President, by regulations issued not later than 3 years 
        after the date of enactment of the Delaware River 
        Protection Act of 2006 and not less than every 3 years 
        thereafter, shall adjust the limits on liability 
        specified in subsection (a) to reflect significant 
        increases in the Consumer Price Index.]
          (4) Adjustment of limits on liability.--Not later 
        than 3 years after the date of enactment of the Oil 
        Spill Accountability and Environmental Protection Act 
        of 2010, and at least once every 3 years thereafter, 
        the President shall review the limits on liability 
        specified in subsection (a) and shall by regulation 
        revise such limits upward to reflect either the amount 
        of liability that the President determines is 
        commensurate with the risk of discharge of oil 
        presented by a particular category of vessel or any 
        increase in the Consumer Price Index, whichever is 
        greater.

           *       *       *       *       *       *       *

SEC. 1006. NATURAL RESOURCES.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Damage Assessment Regulations.--
          (1) * * *
          (2) [Rebuttable presumption]Judicial review of 
        assessments.--Any determination or assessment of 
        damages to natural resources for the purposes of this 
        Act made under subsection (d) by a Federal, State, or 
        Indian trustee in accordance with the regulations 
        promulgated under paragraph (1) shall [have the force 
        and effect of a rebuttable presumption on behalf of the 
        trustee in any administrative or judicial proceeding 
        under this Act] be subject to judicial review under 
        subchapter II of chapter 5 of title 5, United States 
        Code (commonly known as the Administrative Procedure 
        Act), on the basis of the administrative record 
        developed by the lead Federal trustee as provided in 
        such regulations.

           *       *       *       *       *       *       *

SEC. 1013. CLAIMS PROCEDURE.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Election.--If a claim is presented in accordance with 
subsection (a) and--
          (1) * * *
          (2) the claim is not settled by any person by payment 
        within [90] 45 days after the date upon which (A) the 
        claim was presented, or (B) advertising was begun 
        pursuant to section 1014(b), whichever is later,
the claimant may elect to commence an action in court against 
the responsible party or guarantor or to present the claim to 
the Fund.

SEC. 1013A. INFORMATION ON CLAIMS.

  In the event of a spill of national significance, the 
President may require a responsible party or a guarantor of a 
source designated under section 1014(a) to provide to the 
President any information on or related to claims, either 
individually, in the aggregate, or both, that the President 
requests, including--
          (1) the transaction date or dates of such claims, 
        including processing times; and
          (2) any other data pertaining to such claims 
        necessary to ensure the performance of the responsible 
        party or the guarantor with regard to the processing 
        and adjudication of such claims.

           *       *       *       *       *       *       *

SEC. 1016. FINANCIAL RESPONSIBILITY.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Offshore Facilities.--
          (1) In general.--
                  (A) * * *
                  (B) Amount required generally.--Except as 
                provided in subparagraph (C), the amount of 
                financial responsibility for offshore 
                facilities that meet the criteria of 
                [subparagraph (A) is--
                          [(i) $35,000,000 for an offshore 
                        facility located seaward of the seaward 
                        boundary of a State; or
                          [(ii) $10,000,000 for an offshore 
                        facility located landward of the 
                        seaward boundary of a State] 
                        subparagraph (A) is $1,500,000,000.
                  [(C) Greater amount.--If the President 
                determines that an amount of financial 
                responsibility for a responsible party greater 
                than the amount required by subparagraph (B) is 
                justified based on the relative operational, 
                environmental, human health, and other risks 
                posed by the quantity or quality of oil that is 
                explored for, drilled for, produced, or 
                transported by the responsible party, the 
                evidence of financial responsibility required 
                shall be for an amount determined by the 
                President not exceeding $150,000,000.]
                  (C) Greater amount.--
                          (i) Specific facilities.--If the 
                        President determines that an amount of 
                        financial responsibility for a 
                        responsible party that is greater than 
                        the amount required by subparagraph (B) 
                        is justified based on the relative 
                        operational, environmental, human 
                        health, and other risks posed by the 
                        quantity, quality, or location of oil 
                        that is explored for, drilled for, 
                        produced, or transported by the 
                        responsible party, the evidence of 
                        financial responsibility required shall 
                        be for an amount determined by the 
                        President.
                          (ii) Adjustment for all offshore 
                        facilities.--
                                  (I) In general.--Not later 
                                than 3 years after the date of 
                                enactment of the Oil Spill 
                                Accountability and 
                                Environmental Protection Act of 
                                2010, and at least once every 3 
                                years thereafter, the President 
                                shall review the level of 
                                financial responsibility 
                                specified in subparagraph (B) 
                                and may by regulation revise 
                                such level upwards to a level 
                                that the President determines 
                                is justified based on the 
                                relative operational, 
                                environmental, human health, 
                                and other risks posed by the 
                                quantity, quality, or location 
                                of oil that is explored for, 
                                drilled for, produced, or 
                                transported by the responsible 
                                party.
                                  (II) Notice to congress.--
                                Upon completion of a review 
                                specified in subclause (I), the 
                                President shall notify Congress 
                                as to whether the President 
                                will revise the levels of 
                                financial responsibility and 
                                the factors for making such 
                                determination.

           *       *       *       *       *       *       *

                  [(E) Definition.--For the purpose of this 
                paragraph, the seaward boundary of a State 
                shall be determined in accordance with section 
                2(b) of the Submerged Lands Act (43 U.S.C. 
                1301(b)).]

           *       *       *       *       *       *       *

SEC. 1018. RELATIONSHIP TO OTHER LAW.

  (a) Preservation of State Authorities; Solid Waste Disposal 
Act.--Nothing in this Act [or the Act of March 3, 1851] shall--
          (1) * * *

           *       *       *       *       *       *       *

  (c) Additional Requirements and Liabilities; Penalties.--
Nothing in this Act[, the Act of March 3, 1851 (46 U.S.C. 183 
et seq.),] or section 9509 of the Internal Revenue Code of 1986 
(26 U.S.C. 9509), shall in any way affect, or be construed to 
affect, the authority of the United States or any State or 
political subdivision thereof--
          (1) * * *

           *       *       *       *       *       *       *

                    TITLE IV--PREVENTION AND REMOVAL

Subtitle A--Prevention

           *       *       *       *       *       *       *

SEC. 4119. OFFSHORE SENSING AND MONITORING SYSTEMS.

  (a) In General.--The equipment required to be available under 
section 311(j)(5)(D)(iii) of the Federal Water Pollution 
Control Act for facilities listed in section 311(j)(5)(C)(iii) 
of such Act and located in more than 500 feet of water includes 
sensing and monitoring systems that meet the requirements of 
this section.
  (b) Systems Requirements.--Sensing and monitoring systems 
required under subsection (a) shall--
          (1) use an integrated, modular, expandable, multi-
        sensor, open-architecture design and technology with 
        interoperable capability;
          (2) be capable of--
                  (A) operating for at least 25 years;
                  (B) real-time physical, biological, 
                geological, and environmental monitoring;
                  (C) providing alerts in the event of 
                anomalous circumstances;
                  (D) providing docking bases to accommodate 
                spatial sensors for remote inspection and 
                monitoring; and
                  (E) collecting chemical boundary condition 
                data for drift and flow modeling; and
          (3) include--
                  (A) an uninterruptible power source;
                  (B) a spatial sensor; and
                  (C) secure Internet access to real-time 
                physical, biological, geological, and 
                environmental monitoring data gathered by the 
                system sensors.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 46, UNITED STATES CODE

Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *

Part A--General Provisions

           *       *       *       *       *       *       *

CHAPTER 23--OPERATION OF VESSELS GENERALLY

           *       *       *       *       *       *       *

Sec. 2301. Application

  Except as provided in sections 2304 and 2306 of this title, 
this [chapter] title applies to a vessel operated on waters 
subject to the jurisdiction of the United States (including the 
territorial sea of the United States as described in 
Presidential Proclamation No. 5928 of December 27, 1988 and the 
exclusive economic zone to the extent that the regulation of 
such operation is not prohibited under customary international 
law) and, for a vessel owned in the United States, on the high 
seas.

           *       *       *       *       *       *       *

Part B--Inspection and Regulations of Vessels

           *       *       *       *       *       *       *

CHAPTER 32--MANAGEMENT OF VESSELS

           *       *       *       *       *       *       *

Sec. 3203. Safety management system

  (a) * * *
  (b) Mobile Offshore Drilling Units.--The safety management 
system described in subsection (a) for a mobile offshore 
drilling unit operating in waters subject to the jurisdiction 
of the United States (including the exclusive economic zone) 
shall include processes, procedures, and policies related to 
the safe operation and maintenance of the machinery and systems 
on board the unit that are used for the industrial business and 
functions of the unit, including drilling operations.
  [(b)] (c) Compliance With Code.--Regulations prescribed under 
this section shall be consistent with the International Safety 
Management Code with respect to vessels to which this chapter 
applies under section 3202(a) of this title.

CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *

Sec. 3306. Regulations

  (a) * * *

           *       *       *       *       *       *       *

  (k) In prescribing regulations for mobile offshore drilling 
units, the Secretary shall develop standards to address a 
worst-case event involving a discharge as that term is defined 
in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 
2701).

           *       *       *       *       *       *       *

CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

           *       *       *       *       *       *       *

Sec. 3703a. Tank vessel construction standards

  (a) * * *
  (b) This section does not apply to--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) before January 1, 2015--
                  [(A) a vessel unloading oil in bulk at a 
                deepwater port licensed under the Deepwater 
                Port Act of 1974 (33 U.S.C. 1501 et seq.); or
                  [(B) a delivering vessel that is offloading 
                in lightering activities--
                          [(i) within a lightering zone 
                        established under section 3715(b)(5) of 
                        this title; and
                          [(ii) more than 60 miles from the 
                        baseline from which the territorial sea 
                        of the United States is measured;]
          [(4)] (3) a vessel documented under chapter 121 of 
        this title that was equipped with a double hull before 
        August 12, 1992;
          [(5)] (4) a barge of less than 1,500 gross tons (as 
        measured under chapter 145 of this title) carrying 
        refined petroleum product in bulk as cargo in or 
        adjacent to waters of the Bering Sea, Chukchi Sea, and 
        Arctic Ocean and waters tributary thereto and in the 
        waters of the Aleutian Islands and the Alaskan 
        Peninsula west of 155 degrees west longitude; or
          [(6)] (5) a vessel in the National Defense Reserve 
        Fleet pursuant to section 11 of the Merchant Ship Sales 
        Act of 1946 (50 App. U.S.C. 1744).

           *       *       *       *       *       *       *

Part E--Merchant Seamen Licenses, Certificates, and Documents

           *       *       *       *       *       *       *

           CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY

Sec.
7101.  Issuing and classifying licenses and certificates of registry.
     * * * * * * *
[7104.  Certificates for medical doctors and nurses.
[7105.  Oaths.
[7106.  Duration of licenses.
[7107.  Duration of certificates of registry.
[7108.  Termination of licenses and certificates of registry.
[7109.  Review of criminal records.
[7110.  Exhibiting licenses.
[7111.  Oral examinations for licenses.
[7112.  Licenses of masters or mates as pilots.
[7113.  Exemption from draft.
[7114.  Fees.]
7104.  Licenses for masters of mobile offshore drilling units.
7105.  Certificates for medical doctors and nurses.
7106.  Oaths.
7107.  Duration of licenses.
7108.  Duration of certificates of registry.
7109.  Termination of licenses and certificates of registry.
7110.  Review of criminal records.
7111.  Exhibiting licenses.
7112.  Oral examinations for licenses.
7113.  Licenses of masters or mates as pilots.
7114.  Exemption from draft.
7115.   Fees.

           *       *       *       *       *       *       *

Sec. 7104. Licenses for masters of mobile offshore drilling units

  A license as master of a mobile offshore drilling unit may be 
issued only to an applicant who has been issued a license as 
master under section 7101(c)(1) and has demonstrated the 
knowledge, understanding, proficiency, and sea service required 
to be responsible for all industrial business or functions of a 
mobile offshore drilling unit, including all drilling 
operations of that type of unit for which the applicant is to 
be licensed.

Sec. [7104.] 7105. Certificates for medical doctors and nurses

  A certificate of registry as a medical doctor or professional 
nurse may be issued only to an applicant who has a license as a 
medical doctor or registered nurse, respectively, issued by a 
State.

Sec. [7105.] 7106. Oaths

  An applicant for a license or certificate of registry shall 
take, before the issuance of the license or certificate, an 
oath before a designated official, without concealment or 
reservation, that the applicant will perform faithfully and 
honestly, according to the best skill and judgment of the 
applicant, all the duties required by law.

Sec. [7106.] 7107. Duration of licenses

  A license issued under this part is valid for 5 years and may 
be renewed for additional 5-year periods. However, the validity 
of a license issued to a radio officer is conditioned on the 
continuous possession by the holder of a first-class or second-
class radiotelegraph operator license issued by the Federal 
Communications Commission.

Sec. [7107.] 7108. Duration of certificates of registry

  A certificate of registry issued under this part is valid for 
5 years and may be renewed for additional 5-year periods. 
However, the validity of a certificate issued to a medical 
doctor or professional nurse is conditioned on the continuous 
possession by the holder of a license as a medical doctor or 
registered nurse, respectively, issued by a State.

Sec. [7108.] 7109. Termination of licenses and certificates of registry

  When the holder of a license or certificate of registry, the 
duration of which is conditioned under [section 7106 or 7107] 
section 7107 or 7108 of this title, fails to hold the license 
required as a condition, the license or certificate of registry 
issued under this part is terminated.

Sec. [7109.] 7110. Review of criminal records

  The Secretary may review the criminal record of each holder 
of a license or certificate of registry issued under this part 
who applies for renewal of that license or certificate of 
registry.

Sec. [7110.] 7111. Exhibiting licenses

  Each holder of a license issued under this part shall 
display, within 48 hours after employment on a vessel for which 
that license is required, the license in a conspicuous place on 
the vessel.

Sec. [7111.] 7112. Oral examinations for licenses

  An individual may take an oral examination for a license to 
serve on a fishing, fish processing, or fish tender vessel not 
required to be inspected under part B of this subtitle.

Sec. [7112.] 7113. Licenses of masters or mates as pilots

  A master or mate licensed under this part who also qualifies 
as a pilot is not required to hold 2 licenses. Instead, the 
qualification of the master or mate as pilot shall be endorsed 
on the master's or mate's license.

Sec. [7113.] 7114. Exemption from draft

  A licensed master, mate, pilot, or engineer of a vessel 
inspected under part B of this subtitle, propelled by machinery 
or carrying hazardous liquid cargoes in bulk, is not liable to 
draft in time of war, except for performing duties authorized 
by the license. When performing those duties in the service of 
the United States Government, the master, mate, pilot, or 
engineer is entitled to the highest rate of wages paid in the 
merchant marine of the United States for similar services. If 
killed or wounded when performing those duties, the master, 
mate, pilot, or engineer, or the heirs or legal representatives 
of the master, mate, pilot, or engineer, are entitled to all 
the privileges under the pension laws of the United States 
provided to members of the Armed Forces.

Sec. [7114.] 7115. Fees

  The Secretary may prescribe by regulation reasonable fees for 
the inspection of and the issuance of a certificate, license, 
or permit related to small passenger vessels and sailing school 
vessels.

           *       *       *       *       *       *       *

Part F--Manning of Vessels

           *       *       *       *       *       *       *

CHAPTER 81--GENERAL

           *       *       *       *       *       *       *

Sec. 8101. Complement of inspected vessels

  (a) The certificate of inspection issued to a vessel under 
part B of this subtitle shall state the complement of licensed 
individuals and crew (including lifeboatmen) considered by the 
Secretary to be necessary for safe operation. A manning 
requirement imposed on--
          (1) * * *
          (2) a mobile offshore drilling unit shall consider 
        the specialized nature of the unit and shall at all 
        times be under the command of a master licensed under 
        section 7104; and

           *       *       *       *       *       *       *

Part H--Identification of Vessels

           *       *       *       *       *       *       *

CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *

SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION

           *       *       *       *       *       *       *

Sec. 12111. Registry endorsement

  (a) * * *

           *       *       *       *       *       *       *

  (e) Resource Activities in the EEZ.--Except for activities 
requiring an endorsement under sections 12112 or 12113, only a 
vessel for which a certificate of documentation with a registry 
endorsement is issued and that is owned by a citizen of the 
United States (as determined under section 50501(d)) may engage 
in support of exploration, development, or production of 
resources in, on, above, or below the exclusive economic zone 
or any other activity in the exclusive economic zone to the 
extent that the regulation of such activity is not prohibited 
under customary international law.

           *       *       *       *       *       *       *

Part J--Measurement of Vessels

           *       *       *       *       *       *       *

CHAPTER 143--CONVENTION MEASUREMENT

           *       *       *       *       *       *       *

Sec. 14305. Optional regulatory measurement

  (a) On request of the owner of a documented vessel measured 
under this chapter, the Secretary also shall measure the vessel 
under chapter 145 of this title. The tonnages determined under 
that chapter shall be used in applying--
          (1) * * *

           *       *       *       *       *       *       *

          [(5) section 30506 of this title;]
          [(6)] (5) sections 12118 and 12132 of this title;
          [(7)] (6) section 12139(b) of this title;
          [(8)] (7) sections 351, 352, 355, and 356 of the Ship 
        Radio Act (47 U.S.C. 351, 352, 354, and 354a);
          [(9)] (8) section 403 of the Commercial Fishing 
        Industry Vessel Act (46 U.S.C. 3302 note);
          [(10)] (9) the Officers' Competency Certificates 
        Convention, 1936, and sections 8303 and 8304 of this 
        title;
          [(11)] (10) the International Convention for the 
        Safety of Life at Sea as provided by IMCO Resolution 
        A.494 (XII) of November 19, 1981;
          [(12)] (11) the International Convention on Standards 
        of Training, Certification, and Watchkeeping for 
        Seafarers, 1978, as provided by IMO Resolution A.540 
        (XIII) of November 17, 1983;
          [(13)] (12) the International Convention for the 
        Prevention of Pollution from Ships, 1973, as modified 
        by the Protocol of 1978 Relating to the International 
        Convention for the Prevention of Pollution from Ships, 
        1973, as provided by IMO Resolution A.541 (XIII) of 
        November 17, 1983;
          [(14)] (13) provisions of law establishing the 
        threshold tonnage levels at which evidence of financial 
        responsibility must be demonstrated; or
          [(15)] (14) unless otherwise provided by law, any 
        other law of the United States in effect before July 
        19, 1994, and not listed by the Secretary under section 
        14302(c) of this title.

           *       *       *       *       *       *       *

Subtitle III--Maritime Liability

           *       *       *       *       *       *       *

CHAPTER 301--GENERAL LIABILITY PROVISIONS

           *       *       *       *       *       *       *

Sec. 30104. Personal injury to or death of seamen

   (a) In General.--A seaman injured in the course of 
employment or, if the seaman dies from the injury, the personal 
representative of the seaman may elect to bring a civil action 
at law, with the right of trial by jury, against the employer. 
[Laws] Except as provided in subsection (b), laws of the United 
States regulating recovery for personal injury to, or death of, 
a railway employee apply to an action under this section.
  (b) Nonpecuniary Losses for Death.--In addition to other 
amounts authorized by law, the recovery for a seaman who dies 
may also include nonpecuniary losses that are authorized under 
general maritime law, such as the loss of care, comfort, and 
companionship.

           *       *       *       *       *       *       *

                  CHAPTER 303--DEATH ON THE HIGH SEAS

Sec.
30301.  Short title.
     * * * * * * *
[30307.  Commercial aviation accidents.]

           *       *       *       *       *       *       *

Sec. 30301. Short title

  This chapter may be cited as the ``Death on the High Seas 
Act''.

Sec. 30302. Cause of action

  When the death of an individual is caused by wrongful act, 
neglect, or default occurring on the high seas beyond 3 
nautical miles from the shore of the United States, the 
personal representative of the decedent may bring a civil 
action in admiralty or law against the person or vessel 
responsible. [The action shall be for the exclusive benefit of 
the decedent's spouse, parent, child, or dependent relative.] 
The action shall be for the exclusive benefit of the survivors, 
including the decedent's spouse, parent, child, or dependent 
relatives.

Sec. 30303. Amount and apportionment of recovery

  The recovery in an action under this chapter shall be a fair 
compensation for the pecuniary loss and nonpecuniary loss 
sustained [by the individuals for whose benefit the action is 
brought. The court shall apportion the recovery among those 
individuals in proportion to the loss each has sustained.], 
plus a fair compensation for the decedent's pain and suffering. 
In this section, the term ``nonpecuniary loss'' means losses 
authorized under general maritime law including loss of care, 
comfort, and companionship.

           *       *       *       *       *       *       *

Sec. 30305. Death of plaintiff in pending action

  If a civil action in admiralty or law is pending in a court 
of the United States to recover for personal injury caused by 
wrongful act, neglect, or default described in section 30302 of 
this title, and the individual dies during the action as a 
result of the wrongful act, neglect, or default, the personal 
representative of the decedent may be substituted as the 
plaintiff and the action may proceed under this chapter for the 
recovery authorized by this chapter.

Sec. 30306. Foreign cause of action

  When a cause of action exists under the law of a foreign 
country for death by wrongful act, neglect, or default on the 
high seas, a civil action in admiralty or law may be brought in 
a court of the United States based on the foreign cause of 
action, without abatement of the amount for which recovery is 
authorized.

[Sec. 30307. Commercial aviation accidents

  [(a) Definition.--In this section, the term ``nonpecuniary 
damages'' means damages for loss of care, comfort, and 
companionship.
  [(b) Beyond 12 Nautical Miles.--In an action under this 
chapter, if the death resulted from a commercial aviation 
accident occurring on the high seas beyond 12 nautical miles 
from the shore of the United States, additional compensation is 
recoverable for nonpecuniary damages, but punitive damages are 
not recoverable.
  [(c) Within 12 Nautical Miles.--This chapter does not apply 
if the death resulted from a commercial aviation accident 
occurring on the high seas 12 nautical miles or less from the 
shore of the United States.]

           *       *       *       *       *       *       *

          CHAPTER 305--EXONERATION AND LIMITATION OF LIABILITY

Sec.
30501.  Definition.
     * * * * * * *
[30505.  General limit of liability.
[30506.  Limit of liability for personal injury or death.
[30507.  Apportionment of losses.
[30508.  Provisions requiring notice of claim or limiting time for 
          bringing action.
[30509.  Provisions limiting liability for personal injury or death.
[30510.  Vicarious liability for medical malpractice with regard to 
          crew.
[30511.  Action by owner for limitation.
[30512.  Liability as master, officer, or seaman not affected.]
30505.  Provisions requiring notice of claim or limiting time for 
          bringing action.
30506.  Provisions limiting liability for personal injury or death.
30507.  Vicarious liability for medical malpractice with regard to crew.

           *       *       *       *       *       *       *

[Sec. 30505. General limit of liability

  [(a) In General.--Except as provided in section 30506 of this 
title, the liability of the owner of a vessel for any claim, 
debt, or liability described in subsection (b) shall not exceed 
the value of the vessel and pending freight. If the vessel has 
more than one owner, the proportionate share of the liability 
of any one owner shall not exceed that owner's proportionate 
interest in the vessel and pending freight.
  [(b) Claims Subject to Limitation.--Unless otherwise excluded 
by law, claims, debts, and liabilities subject to limitation 
under subsection (a) are those arising from any embezzlement, 
loss, or destruction of any property, goods, or merchandise 
shipped or put on board the vessel, any loss, damage, or injury 
by collision, or any act, matter, or thing, loss, damage, or 
forfeiture, done, occasioned, or incurred, without the privity 
or knowledge of the owner.
  [(c) Wages.--Subsection (a) does not apply to a claim for 
wages.

[Sec. 30506. Limit of liability for personal injury or death

  [(a) Application.--This section applies only to seagoing 
vessels, but does not apply to pleasure yachts, tugs, towboats, 
towing vessels, tank vessels, fishing vessels, fish tender 
vessels, canal boats, scows, car floats, barges, lighters, or 
nondescript vessels.
  [(b) Minimum Liability.--If the amount of the vessel owner's 
liability determined under section 30505 of this title is 
insufficient to pay all losses in full, and the portion 
available to pay claims for personal injury or death is less 
than $420 times the tonnage of the vessel, that portion shall 
be increased to $420 times the tonnage of the vessel. That 
portion may be used only to pay claims for personal injury or 
death.
  [(c) Calculation of Tonnage.--Under subsection (b), the 
tonnage of a self-propelled vessel is the gross tonnage without 
deduction for engine room, and the tonnage of a sailing vessel 
is the tonnage for documentation. However, space for the use of 
seamen is excluded.
  [(d) Claims Arising on Distinct Occasions.--Separate limits 
of liability apply to claims for personal injury or death 
arising on distinct occasions.
  [(e) Privity or Knowledge.--In a claim for personal injury or 
death, the privity or knowledge of the master or the owner's 
superintendent or managing agent, at or before the beginning of 
each voyage, is imputed to the owner.

[Sec. 30507. Apportionment of losses

  [If the amounts determined under sections 30505 and 30506 of 
this title are insufficient to pay all claims--
          [(1) all claimants shall be paid in proportion to 
        their respective losses out of the amount determined 
        under section 30505 of this title; and
          [(2) personal injury and death claimants, if any, 
        shall be paid an additional amount in proportion to 
        their respective losses out of the additional amount 
        determined under section 30506(b) of this title.]

Sec. [30508.] 30505. Provisions requiring notice of claim or limiting 
                    time for bringing action

  (a) * * *

           *       *       *       *       *       *       *

Sec. [30509.] 30506. Provisions limiting liability for personal injury 
                    or death

  (a) * * *

           *       *       *       *       *       *       *

Sec. [30510.] 30507. Vicarious liability for medical malpractice with 
                    regard to crew

  In a civil action by any person in which the owner or 
operator of a vessel or employer of a crewmember is claimed to 
have vicarious liability for medical malpractice with regard to 
a crewmember occurring at a shoreside facility, and to the 
extent the damages resulted from the conduct of any shoreside 
doctor, hospital, medical facility, or other health care 
provider, the owner, operator, or employer is entitled to rely 
on any statutory limitations of liability applicable to the 
doctor, hospital, medical facility, or other health care 
provider in the State of the United States in which the 
shoreside medical care was provided.

[Sec. 30511. Action by owner for limitation

  [(a) In General.--The owner of a vessel may bring a civil 
action in a district court of the United States for limitation 
of liability under this chapter. The action must be brought 
within 6 months after a claimant gives the owner written notice 
of a claim.
  [(b) Creation of Fund.--When the action is brought, the owner 
(at the owner's option) shall--
          [(1) deposit with the court, for the benefit of 
        claimants--
                  [(A) an amount equal to the value of the 
                owner's interest in the vessel and pending 
                freight, or approved security; and
                  [(B) an amount, or approved security, that 
                the court may fix from time to time as 
                necessary to carry out this chapter; or
          [(2) transfer to a trustee appointed by the court, 
        for the benefit of claimants--
                  [(A) the owner's interest in the vessel and 
                pending freight; and
                  [(B) an amount, or approved security, that 
                the court may fix from time to time as 
                necessary to carry out this chapter.
  [(c) Cessation of Other Actions.--When an action has been 
brought under this section and the owner has complied with 
subsection (b), all claims and proceedings against the owner 
related to the matter in question shall cease.

[Sec. 30512. Liability as master, officer, or seaman not affected

  [This chapter does not affect the liability of an individual 
as a master, officer, or seaman, even though the individual is 
also an owner of the vessel.]

           *       *       *       *       *       *       *

                              ----------                              

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *

PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *

                CHAPTER 3--COMPOSITION AND ORGANIZATION

Sec.
41.  Grades and ratings.
     * * * * * * *
[47.  Vice Commandant; assignment.
[50.  Area Commanders.
[50a.   Chief of Staff.]
47.  Vice Commandant; appointment.
50.  Vice admirals.
     * * * * * * *
[52.  Vice admirals, continuity of grade.]
52.  Vice admirals and admiral, continuity of grade.

           *       *       *       *       *       *       *

Sec. 41. Grades and ratings

  In the Coast Guard there shall be [an admiral,] admirals, 
vice admirals; rear admirals; rear admirals (lower half); 
captains; commanders; lieutenant commanders; lieutenants; 
lieutenants (junior grade); ensigns; chief warrant officers; 
cadets; warrant officers; and enlisted members. Enlisted 
members shall be distributed in ratings established by the 
Secretary.

           *       *       *       *       *       *       *

[Sec. 47. Vice Commandant; assignment]

Sec. 47. Vice Commandant; appointment

  The President may appoint, by and with the advice and consent 
of the Senate, one Vice Commandant who shall rank next after 
the Commandant, shall perform such duties as the Commandant may 
prescribe and shall act as Commandant during the absence or 
disability of the Commandant or in the event that there is a 
vacancy in the office of Commandant. The Vice Commandant shall 
be selected from the officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendation for such appointment. The Vice Commandant shall, 
while so serving, have the grade of [vice admiral] admiral with 
pay and allowances of that grade. The appointment and grade of 
a Vice Commandant shall be effective on the date the officer 
assumes that duty, and shall terminate on the date the officer 
is detached from that duty, except as provided in [subsection] 
section 51(d) of this title.

[Sec. 50. Area commanders

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Commander, Atlantic Area, and a 
Commander, Pacific Area, each of whom shall be an intermediate 
commander between the Commandant and the district commanders in 
his respective area and shall perform such duties as the 
Commandant may prescribe. The area commanders shall be 
appointed from officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendations for such appointments.
  [(b) An area commander shall, while so serving, have the 
grade of vice admiral with pay and allowances of that grade. 
The appointment and grade of an area commander shall be 
effective on the date the officer assumes that duty, and shall 
terminate on the date the officer is detached from that duty, 
except as provided in subsection 51(d) of this title.

[Sec. 50a. Chief of Staff

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Chief of Staff of the Coast Guard who 
shall rank next after the area commanders and who shall perform 
duties as prescribed by the Commandant. The Chief of Staff 
shall be appointed from the officers on the active duty 
promotion list serving above the grade of captain. The 
Commandant shall make recommendations for the appointment.
  [(b) The Chief of Staff shall have the grade of vice admiral 
with the pay and allowances of that grade. The appointment and 
grade of the Chief of Staff shall be effective on the date the 
officer assumes that duty, and shall terminate on the date the 
officer is detached from that duty, except as provided in 
section 51(d) of this title.]

Sec. 50. Vice admirals

  (a)(1) The President may designate no more than 4 positions 
of importance and responsibility that shall be held by officers 
who--
          (A) while so serving, shall have the grade of vice 
        admiral, with the pay and allowances of that grade; and
          (B) shall perform such duties as the Commandant may 
        prescribe.
  (2) The President may appoint, by and with the advice and 
consent of the Senate, and reappoint, by and with the advice 
and consent of the Senate, to any such position an officer of 
the Coast Guard who is serving on active duty above the grade 
of captain. The Commandant shall make recommendations for such 
appointments.
  (b)(1) The appointment and the grade of vice admiral shall be 
effective on the date the officer assumes that duty and, except 
as provided in paragraph (2) of this subsection or in section 
51(d) of this title, shall terminate on the date the officer is 
detached from that duty.
  (2) An officer who is appointed to a position designated 
under subsection (a) shall continue to hold the grade of vice 
admiral--
          (A) while under orders transferring the officer to 
        another position designated under subsection (a), 
        beginning on the date the officer is detached from that 
        duty and terminating on the date before the day the 
        officer assumes the subsequent duty, but not for more 
        than 60 days;
          (B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is 
        discharged from the hospital, but not for more than 180 
        days; and
          (C) while awaiting retirement, beginning on the date 
        the officer is detached from duty and ending on the day 
        before the officer's retirement, but not for more than 
        60 days.
  (c)(1) An appointment of an officer under subsection (a) does 
not vacate the permanent grade held by the officer.
  (2) An officer serving in a grade above rear admiral who 
holds the permanent grade of rear admiral (lower half) shall be 
considered for promotion to the permanent grade of rear admiral 
as if the officer was serving in the officer's permanent grade.
  (d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of 
the qualifications needed by an officer serving in that 
position or office to carry out effectively the duties and 
responsibilities of that position or office.

           *       *       *       *       *       *       *

Sec. 51. Retirement

  [(a) An officer who, while serving in the grade of vice 
admiral, is retired for physical disability shall be placed on 
the retired list with the grade of vice admiral.
  [(b) An officer who is retired while serving in the grade of 
vice admiral, or who, after serving at least two and one-half 
years in the grade of vice admiral, is retired while serving in 
a lower grade, may in the discretion of the President, be 
retired with the grade of vice admiral.
  [(c) An officer who, after serving less than two and one-half 
years in the grade of vice admiral, is retired while serving in 
a lower grade, shall be retired in his permanent grade.]
  (a) An officer, other than the Commandant, who, while serving 
in the grade of admiral or vice admiral, is retired for 
physical disability shall be placed on the retired list with 
the highest grade in which that officer served.
  (b) An officer, other than the Commandant, who is retired 
while serving in the grade of admiral or vice admiral, or who, 
after serving at least 2\1/2\ years in the grade of admiral or 
vice admiral, is retired while serving in a lower grade, may in 
the discretion of the President, be retired with the highest 
grade in which that officer served.
  (c) An officer, other than the Commandant, who, after serving 
less than 2\1/2\ years in the grade of admiral or vice admiral, 
is retired while serving in a lower grade, shall be retired in 
his permanent grade.
  (d) An officer serving in the grade of admiral or vice 
admiral shall continue to hold that grade--
          (1) * * *
          (2) while awaiting retirement, beginning on the day 
        that officer is relieved from the position of 
        Commandant, Vice Commandant, [Area Commander, or Chief 
        of Staff] or Vice Admiral and ending on the day before 
        the officer's retirement, but not for more than 60 
        days.

[Sec. 52. Vice admirals, continuity of grade]

Sec. 52. Vice admirals and admiral, continuity of grade

  The continuity of an officer's precedence on the active duty 
promotion list, date of rank, grade, pay, and allowances as a 
vice admiral or admiral shall not be interrupted by the 
termination of an appointment for the purpose of reappointment 
to another position as a vice admiral or admiral.

           *       *       *       *       *       *       *

                    CHAPTER 5--FUNCTIONS AND POWERS

Sec.
81.  Aids to navigation authorized.
     * * * * * * *
99. Marine safety workforce.
     * * * * * * *

Sec. 99. Marine safety workforce

  (a) Marine Safety Workforce.--The Secretary, acting through 
the Commandant--
          (1) shall designate a sufficient number of positions 
        to be in the Coast Guard's marine safety workforce to 
        perform vessel inspections and marine casualty 
        investigations; and
          (2) shall ensure that a sufficient number of fully 
        qualified officers, members, and civilian employees of 
        the Coast Guard are assigned to those positions.
  (b) Career Paths.--The Secretary, acting through the 
Commandant, shall ensure that appropriate career paths for an 
officer, member, or civilian employee of the Coast Guard who 
wishes to pursue a career in marine safety are identified in 
terms of the education, training, experience, and assignments 
necessary for career progression to the most senior marine 
safety positions. The Secretary shall make available published 
information on such career paths.
  (c) Qualifications.--With regard to the marine safety 
workforce, an officer, member, or civilian employee of the 
Coast Guard assigned as a--
          (1) marine inspector shall have the training, 
        experience, and qualifications equivalent to that 
        required for a similar position at a classification 
        society recognized by the Secretary under section 3316 
        of title 46 for the type of vessel, system, or 
        equipment that is inspected;
          (2) marine casualty investigator shall have training, 
        experience, and qualifications in investigation, marine 
        casualty reconstruction, evidence collection and 
        preservation, human factors, and documentation using 
        best investigation practices by Federal and non-Federal 
        entities;
          (3) marine safety engineer shall have knowledge, 
        skill, and practical experience in--
                  (A) the construction and operation of 
                commercial vessels;
                  (B) judging the character, strength, 
                stability, and safety qualities of such vessels 
                and their equipment; or
                  (C) the qualifications and training of vessel 
                personnel; or
          (4) marine inspector inspecting mobile offshore 
        drilling units shall have knowledge, skill, and 
        practical experience in--
                  (A) Federal, State, and international law 
                compliance;
                  (B) personnel training;
                  (C) drilling operations;
                  (D) mobile offshore drilling unit and 
                maritime safety;
                  (E) the effect of weather on mobile offshore 
                drilling unit safety and operations;
                  (F) ship handling and positioning; and
                  (G) emergency procedures.
  (d) Apprenticeship Requirements.--
          (1) In general.--An officer, member, or civilian 
        employee of the Coast Guard in training to become a 
        marine inspector, marine casualty investigator, or a 
        marine safety engineer shall serve a minimum of one-
        year apprenticeship, unless otherwise directed by the 
        Commandant, under the guidance of a qualified marine 
        inspector (including an inspector of mobile offshore 
        drilling units), marine casualty investigator, or 
        marine safety engineer. The Commandant may authorize 
        shorter apprenticeship periods for certain 
        qualifications, as appropriate.
          (2) Highly specialized vessels.--
                  (A) In general.--In addition to the 
                requirement under paragraph (1), any officer, 
                member, or employee of the Coast Guard assigned 
                as a marine inspector or marine casualty 
                investigator with responsibility for inspecting 
                or responding to casualties involving highly 
                specialized vessels must have served a minimum 
                of 6 months apprenticeship with those vessels.
                  (B) Highly specialized vessels defined.--In 
                this paragraph the term ``highly specialized 
                vessel'' includes mobile offshore drilling 
                units, tank vessels, and vessels carrying 
                certain dangerous cargoes as defined by the 
                Commandant.

           *       *       *       *       *       *       *

                         CHAPTER 11--PERSONNEL

                                Officers

                              a. appointments

Sec.
211.  Original appointment of permanent commissioned officers.
     * * * * * * *

                           GENERAL PROVISIONS

     * * * * * * *
426.  Emergency leave retention authority.

           *       *       *       *       *       *       *

OFFICERS

           *       *       *       *       *       *       *

D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS

           *       *       *       *       *       *       *

Sec. 290. Rear admirals and rear admirals (lower half); continuation on 
                    active duty; involuntary retirement

  (a) The Secretary shall from time to time convene boards to 
recommend for continuation on active duty the most senior 
officers on the active duty promotion list serving in the grade 
of rear admiral (lower half) or rear admiral who have not 
previously been considered for continuation in that grade. 
[Officers serving for the time being or who have served in the 
grade of vice admiral are not subject to consideration for 
continuation under this subsection, and as to all other 
provisions of this section shall be considered as having been 
continued in the grade of rear admiral.] Officers, other than 
the Commandant, serving for the time being or who have served 
in the grade of vice admiral or admiral are not subject to 
consideration for continuation under this subsection, and as to 
all other provisions of this section shall be considered as 
having been continued at the grade of rear admiral. A board 
shall consist of at least five officers serving in the grade of 
vice admiral or as rear admirals previously continued. Boards 
shall be convened frequently enough to assure that each officer 
serving in the grade of rear admiral (lower half) or rear 
admiral is subject to consideration for continuation during a 
promotion year in which that officer completes not less than 
four or more than five years combined service in the grades of 
rear admiral (lower half) and rear admiral.

           *       *       *       *       *       *       *

GENERAL PROVISIONS

           *       *       *       *       *       *       *

Sec. 426. Emergency leave retention authority

  (a) In General.--A duty assignment for an active duty member 
of the Coast Guard in support of a declaration of a major 
disaster or emergency by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) or in response to a spill of national 
significance shall be treated, for the purpose of section 
701(f)(2) of title 10, as a duty assignment in support of a 
contingency operation.
  (b) Definitions.--In this section:
          (1) Spill of national significance.--The term ``spill 
        of national significance'' means a discharge of oil or 
        a hazardous substance that is declared by the 
        Commandant to be a spill of national significance.
          (2) Discharge.--The term ``discharge'' has the 
        meaning given that term in section 1001 of the Oil 
        Pollution Act of 1990 (33 U.S.C. 2701).

           *       *       *       *       *       *       *

                              ----------                              

FEDERAL WATER POLLUTION CONTROL ACT

           *       *       *       *       *       *       *

TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *

                          FEDERAL ENFORCEMENT

  Sec. 309. (a) * * *

           *       *       *       *       *       *       *

  (g) Administrative Penalties.--
          (1) * * *

           *       *       *       *       *       *       *

          (6) Effect of order.--
                  (A) Limitation on actions under other 
                sections.--Action taken by the Administrator or 
                the Secretary, as the case may be, under this 
                subsection shall not affect or limit the 
                Administrator's or Secretary's authority to 
                enforce any provision of this Act; except that 
                any violation--
                          (i) * * *

           *       *       *       *       *       *       *

                shall not be the subject of a civil penalty 
                action under subsection (d) of this section [or 
                section 311(b)] or section 505 of this Act.

           *       *       *       *       *       *       *

                 OIL AND HAZARDOUS SUBSTANCE LIABILITY

  Sec. 311. (a) * * *
  (b)(1) * * *

           *       *       *       *       *       *       *

  (6) Administrative penalties.--
          (A) Violations.--Any owner, operator, or person in 
        charge of any vessel, onshore facility, or offshore 
        facility--
                  (i) from which oil or a hazardous substance 
                is discharged in violation of [paragraph (3), 
                or] paragraph (3),
                  (ii) who fails to provide notice to the 
                appropriate Federal agency pursuant to 
                paragraph (5), or
                  [(ii)] (iii) who fails or refuses to comply 
                with [any regulation] any order or action 
                required by the President under subsection (c) 
                or (e) or any regulation issued under 
                subsection (j) to which that owner, operator, 
                or person in charge is subject,
        may be assessed a class I or class II civil penalty by 
        the Secretary of the department in which the Coast 
        Guard is operating, the Secretary of Transportation, or 
        the Administrator. Whenever the President delegates the 
        authority to issue regulations under subsection (j), 
        the agency that issues regulations pursuant to that 
        authority shall have the authority to assess a civil 
        penalty in accordance with this section for violations 
        of such regulations.
          (B) Classes of penalties.--
                  (i) Class i.--The amount of a class I civil 
                penalty under subparagraph (A) may not exceed 
                [$10,000] $100,000 per violation, except that 
                the maximum amount of any class I civil penalty 
                under this subparagraph shall not exceed 
                [$25,000] $250,000. Before assessing a civil 
                penalty under this clause, the Administrator or 
                Secretary, as the case may be, shall give to 
                the person to be assessed such penalty written 
                notice of the Administrator's or Secretary's 
                proposal to assess the penalty and the 
                opportunity to request, within 30 days of the 
                date the notice is received by such person, a 
                hearing on the proposed penalty. Such hearing 
                shall not be subject to section 554 or 556 of 
                title 5, United States Code, but shall provide 
                a reasonable opportunity to be heard and to 
                present evidence.
                  (ii) Class ii.--The amount of a class II 
                civil penalty under subparagraph (A) may not 
                exceed [$10,000] $100,000 per day for each day 
                during which the violation continues; except 
                that the maximum amount of any class II civil 
                penalty under this subparagraph shall not 
                exceed [$125,000] $1,000,000. Except as 
                otherwise provided in this subsection, a class 
                II civil penalty shall be assessed and 
                collected in the same manner, and subject to 
                the same provisions, as in the case of civil 
                penalties assessed and collected after notice 
                and opportunity for a hearing on the record in 
                accordance with section 554 of title 5, United 
                States Code. The Administrator and Secretary 
                may issue rules for discovery procedures for 
                hearings under this paragraph.

           *       *       *       *       *       *       *

  (7) Civil penalty action.--
          (A) Discharge, generally.--Any person who is the 
        owner, operator, or person in charge of any vessel, 
        onshore facility, or offshore facility from which oil 
        or a hazardous substance is discharged in violation of 
        paragraph (3), shall be subject to a civil penalty in 
        an amount up to [$25,000] $100,000 per day of violation 
        or an amount up to [$1,000] $2,500 per barrel of oil or 
        unit of reportable quantity of hazardous substances 
        discharged.
          (B) Failure to remove or comply.--Any person 
        [described in subparagraph (A)] who, without sufficient 
        cause--
                  (i) fails to properly [carry out removal of 
                the discharge under an order of the President 
                pursuant to subsection (c); or] comply with any 
                action required by the President pursuant to 
                subsection (c),
                  (ii) fails to provide notice to the 
                appropriate Federal agency pursuant to 
                paragraph (5), or
                  [(ii)] (iii) fails to comply with an order 
                pursuant to subsection (e)[(1)(B)];
        shall be subject to a civil penalty in an amount up to 
        [$25,000] $100,000 per day of violation or an amount up 
        to 3 times the costs incurred by the Oil Spill 
        Liability Trust Fund as a result of such failure.
          (C) Failure to comply with regulation.--Any person 
        who fails or refuses to comply with any regulation 
        issued under subsection (j) shall be subject to a civil 
        penalty in an amount up to [$25,000] $100,000 per day 
        of violation. Whenever the President delegates the 
        authority to issue regulations under subsection (j), 
        the agency that issues regulations pursuant to that 
        authority shall have the authority to order injunctive 
        relief or assess a civil penalty in accordance with 
        this section for violations of such regulations and the 
        authority to refer the matter to the Attorney General 
        for action under subparagraph (E).
          (D) Gross negligence.--In any case in which a 
        violation of paragraph (3) was the result of gross 
        negligence or willful misconduct of a person described 
        in subparagraph (A), the person shall be subject to a 
        civil penalty of not less than [$100,000] $1,000,000, 
        and not more than [$3,000] $7,500 per barrel of oil or 
        unit of reportable quantity of hazardous substance 
        discharged.
          (E) Jurisdiction.--An action to impose a civil 
        penalty under this paragraph may be brought in the 
        district court of the United States for the district in 
        which the defendant is located, resides, or is doing 
        business, and such court shall have jurisdiction to 
        assess such penalty. The court may award appropriate 
        relief, including a temporary or permanent injunction, 
        civil penalties, compliance requirements, and punitive 
        damages.

           *       *       *       *       *       *       *

  (13) Tracking database.--
          (A) In general.--The President shall create a 
        database to track all discharges of oil or hazardous 
        substances--
                  (i) into the waters of the United States, 
                adjoining shorelines, or into or upon the 
                waters of the contiguous zone;
                  (ii) in connection with activities under the 
                Outer Continental Shelf Lands Act (43 U.S.C. 
                1331 et seq.) or the Deepwater Port Act of 1974 
                (33 U.S.C. 1501 et seq.); or
                  (iii) which may affect natural resources 
                belonging to, appertaining to, or under the 
                exclusive management authority of the United 
                States (including resources under the Fishery 
                Conservation and Management Act of 1976 (16 
                U.S.C. 1801 et seq.)).
          (B) Requirements.--The database shall--
                  (i) include--
                          (I) the name of the vessel or 
                        facility;
                          (II) the name of the owner, operator, 
                        or person in charge of the vessel or 
                        facility;
                          (III) the date of the discharge;
                          (IV) the volume of the discharge;
                          (V) the location of the discharge, 
                        including an identification of any 
                        receiving waters that are or could be 
                        affected by the discharge;
                          (VI) a record of any determination of 
                        a violation of this section or section 
                        1002 of the Oil Pollution Act of 1990 
                        (33 U.S.C. 2702);
                          (VII) a record of any administrative 
                        or enforcement action taken against the 
                        owner, operator, or person in charge; 
                        and
                          (VIII) any additional information 
                        that the President determines 
                        necessary;
                  (ii) use data provided by the Environmental 
                Protection Agency, the Coast Guard, the 
                Pipeline and Hazardous Materials Safety 
                Administration, and other appropriate Federal 
                agencies;
                  (iii) use data protocols developed and 
                managed by the Environmental Protection Agency; 
                and
                  (iv) be publicly accessible, including by 
                electronic means.
  (c) Federal Removal Authority.--
          (1) General removal requirement.--(A) * * *
          (B) In carrying out this paragraph, the President 
        may--
                  (i) * * *
                  (ii) direct or [monitor all] monitor, 
                including through the use of an administrative 
                order, all Federal, State, and private actions 
                to remove a discharge; and

           *       *       *       *       *       *       *

  (d) National Contingency Plan.--
          (1) * * *
          (2) Contents.--The National Contingency Plan shall 
        provide for efficient, coordinated, and effective 
        action to minimize damage from oil and hazardous 
        substance discharges, including containment, dispersal, 
        and removal of oil and hazardous substances, and shall 
        include, but not be limited to, the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (N) Guidelines regarding the use of 
                containment booms to contain a discharge of oil 
                or a hazardous substance, including 
                identification of quantities of containment 
                booms likely to be needed, available sources of 
                containment booms, and best practices for 
                containment boom placement, monitoring, and 
                maintenance.

           *       *       *       *       *       *       *

          (5) Schedule for use of dispersants, other chemicals, 
        and other spill mitigating devices and substances.--
                  (A) Rulemaking.--Not later than 15 months 
                after the date of enactment of this paragraph, 
                the President, acting through the 
                Administrator, after providing notice and an 
                opportunity for public comment, shall issue a 
                revised regulation for the development of the 
                schedule for the use of dispersants, other 
                chemicals, and other spill mitigating devices 
                and substances developed under paragraph (2)(G) 
                in a manner that is consistent with the 
                requirements of this paragraph and shall modify 
                the existing schedule to take into account the 
                requirements of the revised regulation.
                  (B) Schedule listing requirements.--In 
                issuing the regulation under subparagraph (A), 
                the Administrator shall--
                          (i) with respect to dispersants, 
                        other chemicals, and other spill 
                        mitigating substances included or 
                        proposed to be included on the schedule 
                        under paragraph (2)(G)--
                                  (I) establish minimum 
                                toxicity and efficacy testing 
                                criteria, taking into account 
                                the results of the study 
                                carried out under subparagraph 
                                (C);
                                  (II) provide for testing or 
                                other verification (independent 
                                from the information provided 
                                by an applicant seeking the 
                                inclusion of such dispersant, 
                                chemical, or substance on the 
                                schedule) related to the 
                                toxicity and effectiveness of 
                                such dispersant, chemical, or 
                                substance;
                                  (III) establish a framework 
                                for the application of any such 
                                dispersant, chemical, or 
                                substance, including--
                                          (aa) quantity 
                                        restrictions or 
                                        application conditions;
                                          (bb) the quantity 
                                        thresholds for which 
                                        consultation with and 
                                        approval by the 
                                        Regional Response Team 
                                        and the Federal On-
                                        Scene Coordinator is 
                                        required;
                                          (cc) the criteria to 
                                        be used to develop the 
                                        appropriate maximum 
                                        quantity of any such 
                                        dispersant, chemical, 
                                        or substance that the 
                                        Administrator 
                                        determines may be used, 
                                        both on a daily and 
                                        cumulative basis; and
                                          (dd) a ranking, by 
                                        geographic area, of any 
                                        such dispersant, 
                                        chemical, or substance 
                                        based on a combination 
                                        of its effectiveness 
                                        for each type of oil 
                                        and its level of 
                                        toxicity;
                                  (IV) establish a requirement 
                                that the volume of oil or 
                                hazardous substance discharged, 
                                and the volume and location of 
                                any such dispersant, chemical, 
                                or substance used, be measured 
                                and made publicly available;
                                  (V) notwithstanding any other 
                                provision of law, require the 
                                public disclosure of the 
                                specific chemical identity, 
                                including the chemical and 
                                common name of any ingredients 
                                contained in, and specific 
                                chemical formulas or mixtures 
                                of, any such dispersant, 
                                chemical, or substance; and
                                  (VI) in addition to existing 
                                authority, expressly provide a 
                                mechanism for the delisting of 
                                any such dispersant, chemical, 
                                or substance based on any 
                                information made available to 
                                the Administrator that 
                                demonstrates that such 
                                dispersant, chemical, or 
                                substance poses a significant 
                                risk to or impact on human 
                                health or the environment;
                          (ii) with respect to a dispersant, 
                        other chemical, and other spill 
                        mitigating substance not specifically 
                        identified on the schedule, and prior 
                        to the use of such dispersant, 
                        chemical, or substance in accordance 
                        with paragraph (2)(G), establish--
                                  (I) the minimum toxicity and 
                                efficacy levels for such 
                                dispersant, chemical, or 
                                substance;
                                  (II) the information, 
                                including the specific chemical 
                                identity, formula, and 
                                mixtures, on such dispersant, 
                                other chemical, or other spill 
                                mitigating substance that shall 
                                be made publicly available; and
                                  (III) such additional 
                                information as the 
                                Administrator determines 
                                necessary; and
                          (iii) with respect to other spill 
                        mitigating devices included or proposed 
                        to be included on the schedule under 
                        paragraph (2)(G)--
                                  (I) require the manufacturer 
                                of such device to carry out a 
                                study of the risks and 
                                effectiveness of the device 
                                according to guidelines 
                                developed and published by the 
                                Administrator; and
                                  (II) in addition to existing 
                                authority, expressly provide a 
                                mechanism for the delisting of 
                                any such device based on any 
                                information made available to 
                                the Administrator that 
                                demonstrates that such device 
                                poses a significant risk to or 
                                impact on human health or the 
                                environment.
                  (C) Study.--
                          (i) In general.--Not later than 3 
                        months after the date of enactment of 
                        this paragraph, the Administrator shall 
                        initiate a study of the potential risks 
                        and impacts to human health and the 
                        environment, including acute and 
                        chronic risks, from the use of 
                        dispersants, other chemicals, and other 
                        spill mitigating substances, if any, 
                        that may be used to carry out the 
                        National Contingency Plan, including an 
                        assessment of such risks and impacts--
                                  (I) on a representative 
                                sample of biota and types of 
                                oil from locations where such 
                                dispersants, chemicals, or 
                                substances may potentially be 
                                used;
                                  (II) on human health, 
                                including individuals most 
                                likely to come into contact 
                                with such dispersants, 
                                chemicals, or substances, such 
                                as oil spill response action 
                                workers; and
                                  (III) that result from any 
                                by-products created from the 
                                use of such dispersants, 
                                chemicals, or substances.
                          (ii) Information from 
                        manufacturers.--
                                  (I) In general.--In 
                                conjunction with the study 
                                authorized by clause (i), the 
                                Administrator shall determine 
                                the requirements for 
                                manufacturers of dispersants, 
                                chemicals, or substances to 
                                evaluate the potential risks 
                                and impacts to human health and 
                                the environment, including 
                                acute and chronic risks, 
                                associated with the use of the 
                                dispersants, chemicals, or 
                                substances and any byproducts 
                                generated by such use and to 
                                provide the details of such 
                                evaluation as a condition for 
                                listing on the schedule 
                                according to guidelines 
                                developed and published by the 
                                Administrator.
                                  (II) Minimum requirements for 
                                evaluation.--Any evaluation 
                                carried out by a manufacturer 
                                under this clause shall 
                                include--
                                          (aa) information on 
                                        the oils and locations 
                                        where such dispersants, 
                                        chemicals, or 
                                        substances may 
                                        potentially be used;
                                          (bb) an evaluation of 
                                        the variety of 
                                        different dispersants, 
                                        chemicals, or 
                                        substances that may be 
                                        used in a response; and
                                          (cc) an assessment of 
                                        application and impacts 
                                        from subsea use of the 
                                        dispersant, chemical, 
                                        or substance, including 
                                        the potential long term 
                                        effects of such use.
                  (D) Periodic revisions.--
                          (i) In general.--Not later than 5 
                        years after the date of the issuance of 
                        the regulation under this paragraph, 
                        and at least once every 5 years 
                        thereafter, the Administrator shall 
                        review the schedule for the use of 
                        dispersants, other chemicals, and other 
                        spill mitigating devices and substances 
                        that may be used to carry out the 
                        National Contingency Plan and update or 
                        revise the schedule, as necessary, to 
                        ensure the protection of human health 
                        and the environment.
                          (ii) Effectiveness.--The 
                        Administrator shall ensure, to the 
                        maximum extent practicable, that each 
                        update or revision to the schedule 
                        increases the minimum effectiveness 
                        value necessary for listing a 
                        dispersant, other chemical, or other 
                        spill mitigating device or substance on 
                        the schedule.
                  (E) Approval of use and application of 
                dispersants.--
                          (i) In general.--In issuing the 
                        regulation under subparagraph (A), the 
                        Administrator shall require the 
                        approval of the Federal On-Scene 
                        Coordinator, in coordination with the 
                        Administrator, for all uses of a 
                        dispersant, other chemical, or other 
                        spill mitigating substance in any 
                        removal action, including--
                                  (I) any such dispersant, 
                                chemical, or substance that is 
                                included on the schedule 
                                developed pursuant to this 
                                subsection; or
                                  (II) any dispersant, 
                                chemical, or other substance 
                                that is included as part an 
                                approved area contingency plan 
                                or response plan developed 
                                under this section.
                          (ii) Repeal.--Any part of section 
                        300.910 of title 40, Code of Federal 
                        Regulations, that is inconsistent with 
                        this paragraph is hereby repealed.
          (6) Review of and development of criteria for 
        evaluating response plans.--
                  (A) Review.--Not later than 6 months after 
                the date of enactment of this paragraph, the 
                President shall review the procedures and 
                standards developed under paragraph (2)(J) to 
                determine their sufficiency in ceasing and 
                removing a worst case discharge of oil or 
                hazardous substances, and for mitigating or 
                preventing a substantial threat of such a 
                discharge.
                  (B) Rulemaking.--Not later than 1 year after 
                the date of enactment of this paragraph, the 
                President, after providing notice and an 
                opportunity for public comment, shall undertake 
                a rulemaking to--
                          (i) revise the procedures and 
                        standards for ceasing and removing a 
                        worst case discharge of oil or 
                        hazardous substances, and for 
                        mitigating or preventing a substantial 
                        threat of such a discharge; and
                          (ii) develop a metric for evaluating 
                        the National Contingency Plan, Area 
                        Contingency Plans, and tank vessel, 
                        nontank vessel, and facility response 
                        plans consistent with the procedures 
                        and standards developed pursuant to 
                        this paragraph.

           *       *       *       *       *       *       *

  (j) National Response System.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Area committees and area contingency plans.--(A) 
        * * *

           *       *       *       *       *       *       *

          (C) Each Area Committee shall prepare and submit to 
        the President for approval an Area Contingency Plan for 
        its area. The Area Contingency Plan shall--
                  (i) * * *

           *       *       *       *       *       *       *

                  (iv) list the equipment [(including 
                firefighting equipment)] (including 
                firefighting equipment and containment booms), 
                dispersants or other mitigating substances and 
                devices, and personnel available to an owner or 
                operator and Federal, State, and local 
                agencies, to ensure an effective and immediate 
                removal of a discharge, and to ensure 
                mitigation or prevention of a substantial 
                threat of a discharge;

           *       *       *       *       *       *       *

          (5) Tank vessel, nontank vessel, and facility 
        response plans.--(A)(i) * * *

           *       *       *       *       *       *       *

          (iii) In issuing the regulations under this 
        paragraph, the President shall ensure that--
                  (I) the owner, operator, or person in charge 
                of a tank vessel, nontank vessel, or offshore 
                facility described in subparagraph (C) will not 
                be considered to have complied with this 
                paragraph until the owner, operator, or person 
                in charge submits a plan under clause (i) or 
                (ii), as appropriate, to the Secretary of the 
                department in which the Coast Guard is 
                operating, or the Administrator, with respect 
                to such offshore facilities as the President 
                may designate, and the Secretary or 
                Administrator, as appropriate, determines and 
                notifies the owner, operator, or person in 
                charge that the plan, if implemented, will 
                provide an adequate response to a worst case 
                discharge of oil or a hazardous substance or a 
                substantial threat of such a discharge; and
                  (II) the owner, operator, or person in charge 
                of an onshore facility described in 
                subparagraph (C)(iv) will not be considered to 
                have complied with this paragraph until the 
                owner, operator, or person in charge submits a 
                plan under clause (i) either to the Secretary 
                of Transportation, with respect to 
                transportation-related onshore facilities, or 
                the Administrator, with respect to all other 
                onshore facilities, and the Secretary or 
                Administrator, as appropriate, determines and 
                notifies the owner, operator, or person in 
                charge that the plan, if implemented, will 
                provide an adequate response to a worst-case 
                discharge of oil or a hazardous substance or a 
                substantial threat of such a discharge.
          (iv)(I) The Secretary of the department in which the 
        Coast Guard is operating, the Secretary of 
        Transportation, or the Administrator, as appropriate, 
        shall require that a plan submitted to the Secretary or 
        Administrator for a vessel or facility under clause 
        (iii)(I) or (iii)(II) by an owner, operator, or person 
        in charge--
                  (aa) contain a probabilistic risk analysis 
                for all critical engineered systems of the 
                vessel or facility; and
                  (bb) adequately address all risks identified 
                in the risk analysis.
          (II) The Secretary or Administrator, as appropriate, 
        shall require that a risk analysis developed under 
        subclause (I) include, at a minimum, the following:
                  (aa) An analysis of human factors risks, 
                including both organizational and management 
                failure risks.
                  (bb) An analysis of technical failure risks, 
                including both component technologies and 
                integrated systems risks.
                  (cc) An analysis of interactions between 
                humans and critical engineered systems.
                  (dd) Quantification of the likelihood of 
                modes of failure and potential consequences.
                  (ee) A description of methods for reducing 
                known risks.
          (III) The Secretary or Administrator, as appropriate, 
        shall require an owner, operator, or person in charge 
        that develops a risk analysis under subclause (I) to 
        make the risk analysis available to the public.

           *       *       *       *       *       *       *

          [(E) With respect to any response plan submitted 
        under this paragraph for an onshore facility that, 
        because of its location, could reasonably be expected 
        to cause significant and substantial harm to the 
        environment by discharging into or on the navigable 
        waters or adjoining shorelines or the exclusive 
        economic zone, and with respect to each response plan 
        submitted under this paragraph for a tank vessel, 
        nontank vessel, or offshore facility, the President 
        shall--
                  [(i) promptly review such response plan;
                  [(ii) require amendments to any plan that 
                does not meet the requirements of this 
                paragraph;
                  [(iii) approve any plan that meets the 
                requirements of this paragraph;
                  [(iv) review each plan periodically 
                thereafter; and
                  [(v) in the case of a plan for a nontank 
                vessel, consider any applicable State-mandated 
                response plan in effect on the date of the 
                enactment of the Coast Guard and Maritime 
                Transportation Act of 2004 and ensure 
                consistency to the extent practicable.]
          (E) With respect to any response plan submitted under 
        this paragraph for an onshore facility that, because of 
        its location, could reasonably be expected to cause 
        significant and substantial harm to the environment by 
        discharging into or on the navigable waters or 
        adjoining shorelines or the exclusive economic zone, 
        and with respect to each response plan submitted under 
        this paragraph for a tank vessel, nontank vessel, or 
        offshore facility, the President shall--
                  (i) promptly review the response plan;
                  (ii) verify that the response plan complies 
                with subparagraph (A)(iv), relating to risk 
                analyses;
                  (iii) with respect to a plan for an offshore 
                or onshore facility or a tank vessel that 
                carries liquefied natural gas, provide an 
                opportunity for public notice and comment on 
                the response plan;
                  (iv) taking into consideration any public 
                comments received and other appropriate 
                factors, as determined by the President, 
                require revisions to the response plan;
                  (v) approve, approve with revisions, or 
                disapprove the response plan;
                  (vi) review the response plan periodically 
                thereafter, and if applicable requirements are 
                not met, acting through the head of the 
                appropriate Federal department or agency--
                          (I) issue administrative orders 
                        directing the owner, operator, or 
                        person in charge to comply with the 
                        response plan or any regulation issued 
                        under this section; or
                          (II) assess civil penalties or 
                        conduct other appropriate enforcement 
                        actions in accordance with subsections 
                        (b)(6), (b)(7), and (b)(8) for failure 
                        to develop, submit, receive approval 
                        of, adhere to, or maintain the 
                        capability to implement the response 
                        plan, or failure to comply with any 
                        other requirement of this section;
                  (vii) acting through the head of the 
                appropriate Federal department or agency, 
                require, at a minimum, biennial inspections 
                conducted by such agency of the tank vessel, 
                nontank vessel, or facility to ensure 
                compliance with the response plan or identify 
                deficiencies in such plan;
                  (viii) acting through the head of the 
                appropriate Federal department or agency, make 
                the response plan available to the public, 
                including on the Internet; and
                  (ix) in the case of a plan for a nontank 
                vessel, consider any applicable State-mandated 
                response plan in effect on the date of 
                enactment of the Coast Guard and Maritime 
                Transportation Act of 2004 and ensure 
                consistency to the extent practicable.

           *       *       *       *       *       *       *

          (G) Notwithstanding subparagraph (E), the President 
        may authorize [a tank vessel, nontank vessel, offshore 
        facility, or onshore facility] a nontank vessel to 
        operate without a response plan approved under this 
        paragraph, until not later than 2 years after the date 
        of the submission to the President of a plan for the 
        [tank vessel, nontank vessel, or facility] nontank 
        vessel, if the owner or operator certifies that the 
        owner or operator has ensured by contract or other 
        means approved by the President the availability of 
        private personnel and equipment necessary to respond, 
        to the maximum extent practicable, to a worst case 
        discharge or a substantial threat of such a discharge. 
        A mobile offshore drilling unit, as such term is 
        defined in section 1001 of the Oil Pollution Act of 
        1990 (33 U.S.C. 2701), is not eligible to operate 
        without a response plan approved under this section.

           *       *       *       *       *       *       *

          (J) Not later than 2 years after the date of 
        enactment of this subparagraph, and biennially 
        thereafter, the President, acting through the 
        Administrator, the Secretary of the department in which 
        the Coast Guard is operating, and the Secretary of 
        Transportation, shall submit to Congress a report 
        containing the following information for each owner, 
        operator, or person in charge that submitted a response 
        plan for a tank vessel, nontank vessel, or other 
        facility under this paragraph:
                  (i) The number of response plans approved, 
                disapproved, or approved with revisions under 
                subparagraph (E) annually for tank vessels, 
                nontank vessels, and facilities of the owner, 
                operator, or person in charge.
                  (ii) The number of inspections conducted 
                under subparagraph (E) annually for tank 
                vessels, nontank vessels, and facilities of the 
                owner, operator, or person in charge.
                  (iii) A summary of each administrative or 
                enforcement action taken with respect each tank 
                vessel, nontank vessel, and facility of the 
                owner, operator, or person in charge, including 
                a description of the violation, the date of 
                violation, the amount of each penalty proposed, 
                and the final assessment of each penalty and an 
                explanation for any reduction in a penalty.

           *       *       *       *       *       *       *

          (9) Oil and hazardous substance cleanup 
        technologies.--The President, acting through the 
        Secretary of the department in which the Coast Guard is 
        operating, shall--
                  (A) in coordination with the heads of other 
                appropriate Federal agencies, establish a 
                process for--
                          (i) quickly and effectively 
                        soliciting, assessing, and deploying 
                        offshore oil and hazardous substance 
                        cleanup technologies in the event of a 
                        discharge or substantial threat of a 
                        discharge of oil or a hazardous 
                        substance in United States waters; and
                          (ii) effectively coordinating with 
                        other appropriate agencies, industry, 
                        academia, small businesses, and others 
                        to ensure the best technology available 
                        is implemented in the event of such a 
                        discharge or threat; and
                  (B) in coordination with the heads of other 
                appropriate Federal agencies, maintain a 
                database on best available oil and hazardous 
                substance cleanup technologies in the event of 
                a discharge or substantial threat of a 
                discharge of oil or a hazardous substance in 
                United States waters.
  [(l) The President]
  (l) Delegation and Implementation.--
          (1) Delegation.--The President is authorized to 
        delegate the administration of this section to the 
        heads of those Federal departments, agencies, and 
        instrumentalities which he determines to be 
        appropriate. Each such department, agency, and 
        instrumentality, in order to avoid duplication of 
        effort, shall, whenever appropriate, utilize the 
        personnel, services, and facilities of other Federal 
        departments, agencies, and instrumentalities.
          (2) Environmental protection agency.--
                  (A) In general.--The President shall delegate 
                the responsibilities under subparagraph (B) to 
                the Administrator.
                  (B) Responsibilities.--The Administrator 
                shall ensure that Environmental Protection 
                Agency personnel develop and maintain 
                operational capability--
                          (i) for effective inspection, 
                        monitoring, prevention, preparedness, 
                        and response authorities related to the 
                        discharge or substantial threat of a 
                        discharge of oil or a hazardous 
                        substance;
                          (ii) to protect human health and 
                        safety from impacts of a discharge or 
                        substantial threat of a discharge of 
                        oil or a hazardous substance;
                          (iii) to review and approve of, 
                        disapprove of, or require revisions (if 
                        necessary) to onshore facility response 
                        plans and to carry out all other 
                        responsibilities under subsection 
                        (j)(5)(E); and
                          (iv) to protect the environment and 
                        natural resources from impacts of a 
                        discharge or substantial threat of a 
                        discharge of oil or a hazardous 
                        substance.
          (3) Coast guard.--
                  (A) In general.--The President shall delegate 
                the responsibilities under subparagraph (B) to 
                the Secretary of the department in which the 
                Coast Guard is operating.
                  (B) Responsibilities.--The Secretary shall 
                ensure that Coast Guard personnel develop and 
                maintain operational capability--
                          (i) to establish and enforce 
                        regulations and standards for 
                        procedures, methods, equipment, and 
                        other requirements to prevent and to 
                        contain a discharge of oil or a 
                        hazardous substance from a tank vessel, 
                        nontank vessel, or offshore facility;
                          (ii) to establish and enforce 
                        regulations, and to carry out all other 
                        responsibilities, under subsection 
                        (j)(5)(A);
                          (iii) to review and approve of, 
                        disapprove of, or require revisions (if 
                        necessary) to tank vessel, nontank 
                        vessel, and offshore facility response 
                        plans and to carry out all other 
                        responsibilities under subsection 
                        (j)(5)(E);
                          (iv) for effective inspection, 
                        monitoring, prevention, preparedness, 
                        and response authorities related to the 
                        discharge or substantial threat of a 
                        discharge of oil or a hazardous 
                        substance from a tank vessel, nontank 
                        vessel, or offshore facility;
                          (v) to protect the public from 
                        impacts of a discharge or substantial 
                        threat of a discharge of oil or a 
                        hazardous substance in United States 
                        waters; and
                          (vi) to protect the environment and 
                        natural resources from impacts of a 
                        discharge or substantial threat of a 
                        discharge of oil or a hazardous 
                        substance in United States waters.
                  (C) Role as first responder.--
                          (i) In general.--The responsibilities 
                        delegated to the Secretary under 
                        subparagraph (B) shall be sufficient to 
                        allow the Coast Guard to act as a first 
                        responder to a discharge or substantial 
                        threat of a discharge of oil or a 
                        hazardous substance from a tank vessel, 
                        nontank vessel, or offshore facility.
                          (ii) Capabilities.--The President 
                        shall ensure that the Coast Guard has 
                        sufficient personnel and resources to 
                        act as a first responder as described 
                        in clause (i), including the resources 
                        necessary for on-going training of 
                        personnel, acquisition of equipment 
                        (including containment booms, 
                        dispersants, and skimmers), and 
                        prepositioning of equipment.
                  (D) Contracts.--The Secretary may enter into 
                contracts with private and nonprofit 
                organizations for personnel and equipment in 
                carrying out the responsibilities delegated to 
                the Secretary under subparagraph (B).
          (4) Department of transportation.--
                  (A) In general.--The President shall delegate 
                the responsibilities under subparagraph (B) to 
                the Secretary of Transportation.
                  (B) Responsibilities.--The Secretary of 
                Transportation shall--
                          (i) establish and enforce regulations 
                        and standards for procedures, methods, 
                        equipment, and other requirements to 
                        prevent and to contain discharges of 
                        oil and hazardous substances from 
                        transportation-related onshore 
                        facilities;
                          (ii) have the authority to review and 
                        approve of, disapprove of, or require 
                        revisions (if necessary) to 
                        transportation-related onshore facility 
                        response plans and to carry out all 
                        other responsibilities under subsection 
                        (j)(5)(E); and
                          (iii) ensure that Department of 
                        Transportation personnel develop and 
                        maintain operational capability--
                                  (I) for effective inspection, 
                                monitoring, prevention, 
                                preparedness, and response 
                                authorities related to the 
                                discharge or substantial threat 
                                of a discharge of oil or a 
                                hazardous substance from a 
                                transportation-related onshore 
                                facility;
                                  (II) to protect the public 
                                from the impacts of a discharge 
                                or substantial threat of a 
                                discharge of oil or a hazardous 
                                substance from a 
                                transportation-related onshore 
                                facility; and
                                  (III) to protect the 
                                environment and natural 
                                resources from the impacts of a 
                                discharge or substantial threat 
                                of a discharge of oil or a 
                                hazardous substance from a 
                                transportation-related onshore 
                                facility.
  (m) Administrative Provisions.--
          (1) * * *
          (2) For facilities.--
                  (A) Recordkeeping.--Whenever required to 
                carry out the purposes of this section, the 
                Administrator, the Secretary of Transportation, 
                or the Secretary of the Department in which the 
                Coast Guard is operating shall require the 
                owner or operator of a facility to which this 
                section applies to establish and maintain such 
                records, make such reports, install, use, and 
                maintain such monitoring equipment and methods, 
                and provide such other information as the 
                Administrator or Secretary, as the case may be, 
                may require to carry out the objectives of this 
                section.
                  (B) Entry and inspection.--Whenever required 
                to carry out the purposes of this section, the 
                Administrator, the Secretary of Transportation, 
                or the Secretary of the Department in which the 
                Coast Guard is operating or an authorized 
                representative of the Administrator or 
                Secretary, upon presentation of appropriate 
                credentials, may--
                          (i) * * *

           *       *       *       *       *       *       *

TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *

                          GENERAL DEFINITIONS

  Sec. 502. Except as otherwise specifically provided, when 
used in this Act:
          (1) * * *

           *       *       *       *       *       *       *

          [(24) Oil and gas exploration and production.--The 
        term ``oil and gas exploration, production, processing, 
        or treatment operations or transmission facilities'' 
        means all field activities or operations associated 
        with exploration, production, processing, or treatment 
        operations, or transmission facilities, including 
        activities necessary to prepare a site for drilling and 
        for the movement and placement of drilling equipment, 
        whether or not such field activities or operations may 
        be considered to be construction activities.]
          [(25)] (24) Recreational vessel.--
                  (A) * * *

           *       *       *       *       *       *       *

                              ----------                              

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *

Subtitle VIII--Pipelines

           *       *       *       *       *       *       *

                          CHAPTER 601--SAFETY

Sec.
60101. Definitions.
     * * * * * * *
60138. Safety of transportation-related offshore platforms.

           *       *       *       *       *       *       *

Sec. 60108. Inspection and maintenance

  (a) * * *

           *       *       *       *       *       *       *

  (e) Disaster Damage Notification and Assessment.--
          (1) Notification required.--In the event of a manmade 
        or natural disaster, the operator of a pipeline 
        facility in an affected location shall notify the 
        Secretary not later than 12 hours after the cessation 
        of the disaster, as determined by the Secretary, or an 
        earlier time determined appropriate by the Secretary, 
        of any changes to the operational status of the 
        pipeline facility, including information concerning 
        physical damages, releases of highly volatile liquid, 
        other hazardous liquid, or gas, disruptions in service, 
        and projected dates for return to service.
          (2) Preparation of damage assessments.--Not later 
        than 30 days after the cessation of a manmade or 
        natural disaster, as determined by the Secretary, the 
        operator of a pipeline facility in an affected location 
        shall develop and transmit to the Secretary a written 
        damage assessment. The damage assessment, at a minimum, 
        shall--
                  (A) identify any physical damage to the 
                pipeline facility and any other credible threat 
                or hazard to the pipeline facility;
                  (B) assess the extent of any physical damage 
                to the pipeline facility and any other credible 
                threat or hazard to the pipeline facility;
                  (C) evaluate the integrity of the pipeline 
                facility;
                  (D) if necessary, provide a schedule for 
                repairing or abandoning the pipeline facility; 
                and
                  (E) meet any other requirements the Secretary 
                determines are appropriate by regulation.
          (3) Abandonment.--An operator of a pipeline facility 
        shall notify the Secretary promptly if the operator 
        determines that the pipeline facility must be abandoned 
        as a result of a manmade or natural disaster.
          (4) Other.--An operator of a pipeline facility shall 
        retain, and make available to the Secretary on request, 
        a copy of any report prepared under this subsection for 
        at least 5 years.
          (5) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Abandon.--The term ``abandon'' means 
                permanently remove from service.
                  (B) Affected location.--The term ``affected 
                location'' means any area directly or 
                substantially affected by a manmade or natural 
                disaster, as determined by the Secretary.
                  (C) Manmade or natural disaster.--The term 
                ``manmade or natural disaster'' means any 
                hurricane, tornado, tidal wave, tsunami, 
                earthquake, volcanic eruption, or, regardless 
                of cause, any fire, flood, or explosion, or any 
                similar catastrophe in the United States that 
                causes, or may cause, substantial damage or 
                injury to persons, property, or the 
                environment, as determined by the Secretary.

           *       *       *       *       *       *       *

Sec. 60138. Safety of transportation-related offshore platforms

  (a) In General.--The Secretary of Transportation shall 
conduct an analysis of the adequacy of existing regulations and 
standards for the safety of transportation-related offshore 
platforms and the impact of the integrity of such platforms on 
pipeline safety.
  (b) Consultation.--In carrying out subsection (a), the 
Secretary may consult with any agency, organization, or person 
with expertise in the design, construction, testing, operation, 
or maintenance of offshore platforms.
  (c) Report to Congress.--Not later than 24 months after the 
date of enactment of this section, the Secretary shall submit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report describing 
the results of the analysis conducted under subsection (a). The 
report shall include any recommendations the Secretary may have 
for addressing the safety or integrity of transportation-
related offshore platforms, including any recommendations for 
legislative or regulatory action.
  (d) Transportation-Related Offshore Platform Defined.--In 
this section, the term ``transportation-related offshore 
platform'' means any platform--
          (1) located beyond the shoreline of the United States 
        in State or Federal waters;
          (2) used for transporting gas or hazardous liquid; 
        and
          (3) the design, construction, testing, operation, 
        maintenance, and security of which is not regulated by 
        another Federal agency.
  (e) Limitation.--Nothing in this section applies to a 
production facility.

           *       *       *       *       *       *       *

                        Commitee Correspondence

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                     Washington, DC, July 26, 2010.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, Ford House Office Building, 
        Washington, DC.
    Dear Chairman Thompson: I write to you regarding H.R. 5629, 
the ``Oil Spill Accountability and Environmental Protection Act 
of 2010''.
    I agree that provisions in H.R. 5629 are of jurisdictional 
interest to the Committee on Homeland Security. I acknowledge 
that by forgoing a sequential referral, your Committee is not 
relinquishing its jurisdiction and I will fully support your 
request to be represented in a House-Senate conference on those 
provisions over which the Committee on Homeland Security has 
jurisdiction in H.R. 5629.
    This exchange of letters will be inserted in the Committee 
Report on H.R. 5629 and in the Congressional Record as part of 
the consideration of this legislation in the House.
    I look forward to working with you as we prepare to pass 
this important legislation.
            Sincerely,
                                         James L. Oberstar,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                            Committee on Homeland Security,
                                     Washington, DC, July 26, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Chairman Oberstar: I write to you regarding H.R. 5629, 
the ``Oil Spill Accountability and Environmental Protection Act 
of 2010''.
    H.R. 5629 contains provisions that fall within the 
jurisdiction of the Committee on Homeland Security. I recognize 
and appreciate your desire to bring this legislation before the 
House in an expeditious manner and, accordingly, I will not 
seek a sequential referral of the bill. However, agreeing to 
waive consideration of this bill should not be construed as the 
Committee on Homeland Security waiving, alerting, or otherwise 
affecting its jurisdiction over subject matters contained in 
the bill which fall within its Rule X jurisdiction.
    Further, I request your support for the appointment of an 
appropriate number of Members of the Committee on Homeland 
Security to be named as conferees during any House-Senate 
conference convened on H.R. 5629 or similar legislation. I also 
ask that a copy of this letter and your response be included in 
the legislative report for H.R. 5629 and in the Congressional 
Record during floor consideration of this bill.
    I look forward to working with you as we prepare to pass 
this important legislation.
            Sincerely,
                                        Bennie G. Thompson,
                                                          Chairman.

                             MINORITY VIEWS

    The Committee on Transportation and Infrastructure Minority 
supports many of the provisions in H.R. 5629 including 
eliminating the $75 million cap on damage payments by 
responsible parties at offshore facilities. The Minority 
believes that offshore drilling should be based on sound 
science, adequate and specific environmental review, and 
sufficient capability to quickly and effectively respond to any 
oil spills.
    However, the Minority is concerned that the tenfold 
increase in the amounts required for Certificates of Financial 
Responsibility, and the application of that new requirement to 
all offshore facilities may have an unnecessary negative impact 
on U.S. jobs, and energy independence. The provision may also 
severely limit the ability of American-owned small and medium 
oil companies to participate in the Gulf of Mexico market. In 
essence, the bill restricts that market to only a small number 
of huge multinational oil producers, like BP.
    Small and medium companies should be allowed to acquire 
joint certificates of liability, and that distinctions should 
be made between the amount required of different wells based on 
the risk posed by those wells rather than the hypothetical 
maximum amounts of coverage very large companies may be able to 
purchase. Smaller increases in the required certificates of 
financial responsibility coupled with planned increases in the 
industry-funded Oil Spill Liability Trust Fund can provide 
adequate protection for Americans living and working on our 
coasts without unnecessarily restricting the growth of U.S. 
jobs or further damaging our energy independence.
    We are concerned the provision requires public disclosure 
of chemical identity, formulas, or mixtures of dispersants and 
other chemicals used during an oil spill. This raises 
intellectual property considerations not fully investigated. It 
could also slow Research and Development of better dispersants 
if chemical producers believe that their new products could not 
be legally protected. An amendment was offered during the 
Transportation and Infrastructure Committee markup that would 
have allowed the EPA to collect such information but to keep it 
confidential if the producer asked for such protection. That 
amendment was withdrawn after the Chairman promised to address 
this concern as the bill moves forward.
    Aviation interests have expressed strong concern with the 
unintended consequences of expanding liability for recoverable 
damages for all accidents over the high seas. Currently, the 
Death on the High Seas Act (DOHSA) limits general aviation and 
commercial aviation manufacturers to recovery for pecuniary 
damages only with the understanding that insurance coverage is 
not guaranteed and that flight over the high seas is inherently 
risky.
    General aviation operators and commercial and general 
aviation manufacturers point out expanding recoverable losses 
to include both pecuniary and non-pecuniary damages, and 
possibly even punitive damages, will have far-reaching and 
potentially negative consequences. Additional changes to DOHSA 
in H.R. 5629 allow for jury trials which have been 
traditionally prohibited. Allowing jury trials raises concerns 
with the amount of damages that might be awarded for 
unquantifiable injuries. Expanding liability and legal process 
for all accidents over the high seas without the benefit of 
vetting the issues during even a single hearing, will lead to 
potential unintended consequences, including increased 
insurance rates and lawsuits, less availability of insurance, 
and negative impacts on aviation manufacturing and jobs in the 
United States. The aviation interests also point out that the 
change will impact not only the States of Alaska, Hawaii and 
flights to the Caribbean, but it could also impact humanitarian 
relief efforts like those undertaken in Haiti.
    The Minority Members, along with the aviation industry, 
rightly question if the intent of H.R. 5629 is to provide 
additional redress for victims of oil rig or vessel accidents, 
why is Congress making such wide-sweeping changes to DOHSA 
without carefully considering all potential consequences of the 
changes, particularly during a very weak economic recovery.
                                                      John L. Mica.

                                  
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