I 

111TH CONGRESS 

2D SESSION H. R. 5626 

To protect public health and safety and the environment by requiring the 

use of safe well control technologies and practices for the drilling of 

high-risk oil and gas wells in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2010 

Mr. WAXMAN (for himself, Mr. MARKEY of Massachusetts, and Mr. STUPAK) 

introduced the following bill; which was referred to the Committee on 

Natural Resources, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To protect public health and safety and the environment 

by requiring the use of safe well control technologies 

and practices for the drilling of high-risk oil and gas 

wells in the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Blowout Prevention 

5 Act of 2010’’. 


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1 SEC. 2. NO DRILLING WITHOUT DEMONSTRATED ABILITY 

2 TO PREVENT AND CONTAIN LEAKS. 

3 (a) FEDERALLY PERMITTED HIGH-RISK WELLS.— 

4 Effective one year after the date of enactment of this Act, 

5 the appropriate Federal official shall not issue a permit 

6 to drill for a high-risk well unless the applicant for such 

7 permit demonstrates, the Chief Executive Officer of the 

8 applicant attests in writing, and the appropriate Federal 

9 official determines that— 

10 (1) the blowout preventer and other well control 

11 measures will prevent a blowout from occurring; 

12 (2) the applicant has an oil spill response plan 

13 that ensures that the applicant has the capacity to 

14 promptly stop a blowout in the event the blowout 

15 preventer and other well control measures fail; and 

16 (3) the applicant has the capability to begin 

17 drilling of a relief well within 15 days, and complete 

18 such drilling of a relief well to control a blowout 

19 within 90 days of the well control event that causes 

20 such blowout. 

21 (b) OTHER HIGH-RISK WELLS.—Effective one year 

22 after the date of enactment of this Act, any operator who 

23 intends to drill a high-risk well for which a permit to drill 

24 is not otherwise required to be issued by a Federal official 

25 shall notify the appropriate Federal official of the opera26 tor’s intent to drill such high-risk well, and shall not comVerDate Mar 15 2010 00:11 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5626.IH H5626

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1 mence drilling such well without approval of the appro2 priate Federal official. The appropriate Federal official 

3 shall approve the commencement of drilling of such well 

4 only if the operator has made a demonstration and attes5 tation, and the appropriate Federal official has made a 

6 determination, equivalent to those required under sub7 section (a). The appropriate Federal official may delegate 

8 the duties associated with this subsection to a State if the 

9 appropriate Federal official determines that such State is 

10 capable of faithfully executing such duties. 

11 SEC. 3. BLOWOUT PREVENTER REQUIREMENTS. 

12 (a) BLOWOUT PREVENTER ADEQUACY STAND13 ARDS.—The regulations issued under section 7(a) shall re14 quire the use of blowout preventers in all high-risk well 

15 drilling operations and prescribe safety standards for such 

16 blowout preventers. Such standards shall ensure that 

17 blowout preventer designs will operate effectively at the 

18 location where they will be deployed to prevent a blowout. 

19 At a minimum, such designs shall include the following 

20 components: 

21 (1) Two sets of blind shear rams appropriately 

22 spaced to prevent blowout preventer failure if a drill 

23 pipe joint, drill collar, or drill tool is across one set 

24 of blind shear rams during a situation that threatens 

25 loss of well control. 


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1 (2) Two sets of casing shear rams appropriately 

2 spaced to prevent blowout preventer failure if a drill 

3 pipe joint is across one set of casing shear rams dur4 ing a situation that threatens loss of well control. 

5 (3) Independent and redundant hydraulic and 

6 activation systems for each blind shear ram or cas7 ing shear ram. 

8 (4) One or more emergency backup control sys9 tems capable of activating the relevant components 

10 of a blowout preventer in a situation that threatens 

11 loss of well control. 

12 (5) As appropriate, ROV intervention capabili13 ties for secondary control of all blowout preventer 

14 functions. 

15 If the appropriate Federal official determines that a com16 ponent required under paragraphs (1) through (4) would 

17 be less effective than an alternative mechanism in pre18 venting a blowout in a situation that threatens loss of well 

19 control, the appropriate Federal official may include a re20 quirement for such alternative mechanism in lieu of a re21 quirement for the less effective component. 

22 (b) INDEPENDENT THIRD-PARTY CERTIFICATION OF

23 BLOWOUT PREVENTER READINESS.—The regulations 

24 issued under section 7(a) shall require the following: 


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1 (1) Prior to the commencement of drilling 

2 through a blowout preventer at any high-risk well, 

3 the operator shall obtain a written and signed cer4 tification from an independent third party approved 

5 and assigned by the appropriate Federal official pur6 suant to section 6(b) that the third party conducted 

7 a detailed physical inspection, design review, system 

8 integration test, and function and pressure testing of 

9 the blowout preventer to determine that— 

10 (A) the blowout preventer is designed for 

11 the specific drilling conditions, equipment, and 

12 location where it will be deployed and for the 

13 specific well design; 

14 (B) the blowout preventer, with all of its 

15 components and control systems, will operate 

16 effectively and as designed when deployed; 

17 (C) each blind shear ram or casing shear 

18 ram will function effectively under likely emer19 gency scenarios and is capable of shearing the 

20 drill pipe or casing, as applicable, that will be 

21 used when deployed; 

22 (D) emergency control systems will func23 tion under the conditions in which they will be 

24 deployed; and 


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1 (E) the blowout preventer has not been 

2 compromised or damaged from any previous 

3 service. 

4 (2) Not less than once every 180 days after 

5 commencement of drilling through a blowout pre6 venter at any high-risk well or upon implementation 

7 of any material modification to the blowout pre8 venter or well design at such a well, the operator 

9 shall obtain a written and signed recertification from 

10 an independent third party approved and assigned 

11 by the appropriate Federal official pursuant to sec12 tion 6(b) that the requirements in subparagraphs 

13 (A) through (E) of paragraph (1) continue to be met 

14 with the systems as deployed. Such recertification 

15 determinations shall consider the results of tests re16 quired by the appropriate Federal official, including 

17 testing of the emergency control systems of a blow18 out preventer at least every 14 days. 

19 (3) Certifications under paragraph (1), recer20 tifications under paragraph (2), and results of and 

21 data from all tests conducted pursuant to this sub22 section shall be promptly submitted to the appro23 priate Federal official and made publicly available. 

24 (c) ADDITIONAL BLOWOUT PREVENTER TESTING.— 

25 The regulations issued under section 7(a) shall require, 


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1 after a significant well control event at a high-risk well, 

2 prompt function and pressure testing of any blowout pre3 venter component used in such well control event to ensure 

4 the full operability of all functions of such component. The 

5 results of and data from such testing shall be submitted 

6 to the appropriate Federal official before drilling oper7 ations resume. 

8 (d) DOCUMENTATION AND REPORTING.—The regula9 tions issued under section 7(a) shall require— 

10 (1) ongoing submission to the appropriate Fed11 eral official of documentation of blowout preventer 

12 maintenance and repair within 24 hours of such 

13 maintenance and repair; 

14 (2) prompt and ongoing real-time transmission 

15 of the electronic log from a blowout preventer con16 trol system to a secure location where it shall be 

17 available for inspection by the appropriate Federal 

18 official; 

19 (3) maintenance of up-to-date design specifica20 tions of any blowout preventer in service; 

21 (4) submission to the appropriate Federal offi22 cial of any changes to the design specifications of a 

23 blowout preventer in service within 24 hours of such 

24 change; and 


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1 (5) prompt reporting to the appropriate Federal 

2 official of a failure of any blowout preventer or any 

3 component of a blowout preventer when used during 

4 a well control event. 

5 SEC. 4. ENSURING SAFE WELLS AND CEMENTING. 

6 (a) ENSURING SAFE WELL DESIGN.— 

7 (1) STANDARDS.—The regulations issued under 

8 section 7(a) shall ensure the appropriate and safe 

9 design of high-risk wells. At a minimum, such regu10 lations shall require— 

11 (A) at least three independent tested bar12 riers, including at least two mechanical bar13 riers, across each flow path during well comple14 tion and abandonment activities; 

15 (B) that wells shall be designed so that a 

16 failure of one barrier does not significantly in17 crease the likelihood of another barrier’s failure; 

18 (C) that the casing design is appropriate 

19 for the purpose for which it is intended under 

20 reasonably expected wellbore conditions; and 

21 (D) well control guidelines and fluid cir22 culation and displacement procedures. 

23 (2) THIRD-PARTY CERTIFICATION.—The regula24 tions issued under section 7(a) shall require that, 

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1 risk well, the operator shall obtain a written and 

2 signed certification from an independent third party 

3 approved and assigned by the appropriate Federal 

4 official pursuant to section 6(b) that the well design 

5 meets the requirements established by the appro6 priate Federal official under paragraph (1). 

7 (3) RECERTIFICATION.—Upon implementation 

8 of any material modification to the well design of 

9 such a well, the operator shall obtain a written and 

10 signed recertification from an independent third 

11 party approved and assigned by the appropriate 

12 Federal official pursuant to section 6(b) that the 

13 well design continues to meet the requirements es14 tablished by the appropriate Federal official under 

15 paragraph (1). 

16 (b) ENSURING SAFE CEMENTING AND CASING.—The 

17 regulations issued under section 7(a) shall require that 

18 well casing designs and cementing programs and proce19 dures for a high-risk well will ensure that well control will 

20 be maintained and that there will be no unintended flow 

21 path between any hydrocarbon-bearing formation zone and 

22 the wellhead. Such regulations shall also require that, 

23 prior to the commencement of drilling at any high-risk 

24 well, the operator shall obtain a written and signed certifi25 cation from an independent third party approved and asVerDate Mar 15 2010 00:11 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5626.IH H5626

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1 signed by the appropriate Federal official pursuant to sec2 tion 6(b) that the operator’s well casing designs and ce3 menting programs and procedures ensure that well control 

4 will be maintained and that there will be no unintended 

5 flow path between any hydrocarbon-bearing formation 

6 zone and the wellhead. Such regulations shall, at a min7 imum, require adequate cement volume and cement bond 

8 logs for all cementing programs (including remedial ce9 menting). 

10 (c) PREVENTING IGNITION AND EXPLOSION.—The 

11 regulations issued under section 7(a) shall establish proce12 dures and technologies to be used during drilling at any 

13 high-risk well to minimize the risk of ignition and explo14 sion of hydrocarbons or any other material discharged 

15 from the well during a well control event. Such regulations 

16 shall address the diversion of dangerous oil, gas, well 

17 fluids, and other materials and standards for drilling 

18 equipment and engines on such equipment. 

19 SEC. 5. STOP-WORK REQUIREMENTS. 

20 (a) REQUIREMENTS.—The regulations issued under 

21 section 7(a) shall establish stop-work requirements for oil 

22 and gas exploration and production activities at high-risk 

23 wells, including— 

24 (1) requirements that the operator, or the oper25 ator’s employees or contractors, immediately stop all 


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1 work, other than the work required to ensure safety, 

2 in the event of specified well conditions or other fac3 tors indicating that there is an immediate risk of a 

4 blowout; 

5 (2) requirements that the operator adopt poli6 cies, procedures, and incentives to ensure that the 

7 operator, or the operator’s employees or contractors, 

8 immediately stop all work, other than the work re9 quired to ensure safety, when the operator, or the 

10 operator’s employees or contractors, have identified 

11 well conditions, well design, drilling procedures, drill12 ing equipment, or any other factor indicating that 

13 there is an immediate risk of a well control event; 

14 and 

15 (3) that the operator, or the operator’s employ16 ees or contractors, take appropriate action to miti17 gate risks identified pursuant to paragraph (1) or 

18 (2), and obtain the concurrence of the appropriate 

19 Federal official that such action is sufficient, prior 

20 to resumption of work. 

21 (b) RECORDS OF EVENTS.—The appropriate Federal 

22 official shall maintain records of all such events, their du23 ration, the reason for such events, and the actions taken 

24 prior to the resumption of activities. 


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1 SEC. 6. INDEPENDENT TECHNICAL ADVICE AND CERTIFI2 CATION. 

3 (a) WELL CONTROL TECHNICAL ADVISORY COM4 MITTEE.— 

5 (1) ESTABLISHMENT.—Not later than 60 days 

6 after the date of enactment of this Act, the appro7 priate Federal official shall appoint an independent 

8 technical advisory committee to be known as the 

9 Well Control Technical Advisory Committee. 

10 (2) MEMBERSHIP.— 

11 (A) COMPOSITION.—The Advisory Com12 mittee shall be composed of 7 members. Mem13 bers shall be qualified by education, training, 

14 and experience to provide scientific and tech15 nical advice with regard to blowout preventers 

16 and other well control equipment and oper17 ations. At least 3 of the members of the Advi18 sory Committee shall be members of the Na19 tional Academy of Engineering. 

20 (B) APPOINTMENT AND TERMS.—The ap21 propriate Federal official shall appoint Advisory 

22 Committee members, including a chair and vice23 chair to the Advisory Committee. Each term of 

24 a member’s service on the Advisory Committee 

25 shall be 3 years, except for initial terms, which 

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1 gering. Members may be reappointed only once 

2 for an additional 3-year term. 

3 (C) CONFLICTS OF INTEREST.—Members 

4 of the Advisory Committee shall not be current 

5 employees of any entity subject to regulation 

6 under this Act or of any entity that is a con7 tractor of any entity subject to regulation under 

8 this Act. The appropriate Federal official shall 

9 establish requirements to ensure that members 

10 of the Advisory Committee do not have any con11 flicts of interest. 

12 (3) PERIODIC REPORTS.—Not later than 180 

13 days after the date of enactment of this Act, and 

14 every 5 years thereafter, the Advisory Committee 

15 shall submit to the appropriate Federal official and 

16 Congress a report that— 

17 (A) assesses available blowout preventer 

18 and well control technologies, practices, vol19 untary standards, and regulations in the United 

20 States and elsewhere; 

21 (B) assesses whether existing regulations 

22 issued by the appropriate Federal official for 

23 blowout preventers and well control for high24 risk wells for oil and gas exploration or produc25 tion in the United States adequately protect 


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1 public health and safety and the environment; 

2 and 

3 (C) as appropriate, recommends modifica4 tions to the regulations identified under sub5 paragraph (B) to ensure adequate protection of 

6 public health and safety and the environment. 

7 (4) ANNUAL IMPLEMENTATION ASSESSMENT

8 REPORTS.—Not later than March 31 of 2012, and 

9 each calendar year thereafter, the Advisory Com10 mittee shall submit to the appropriate Federal offi11 cial and to Congress a report that— 

12 (A) assesses the appropriate Federal offi13 cial’s implementation of the requirements of 

14 this Act during the preceding year, including 

15 well-specific regulatory determinations and 

16 oversight, administration of inspections, and 

17 third-party certification requirements; 

18 (B) recommends any improvements to the 

19 implementation referred to in subparagraph (A) 

20 that, in the Advisory Committee’s judgment, 

21 would enhance the safety of drilling operations 

22 subject to the requirements of this Act; and 

23 (C) reviews the safety record during the 

24 preceding year of any equipment, designs, or 


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1 practices subject to the requirements of this 

2 Act. 

3 (5) OTHER DUTIES.—In addition to the respon4 sibilities set forth under this section, the Advisory 

5 Committee shall— 

6 (A) review and comment on proposed regu7 lations as required under section 7; 

8 (B) respond to requests for advice from 

9 the appropriate Federal official on matters 

10 within the Advisory Committee’s expertise; and 

11 (C) as appropriate, consult with third12 party certifiers and with employees of the agen13 cy conducting inspections pursuant to this Act, 

14 and review reports or other documents sub15 mitted to the appropriate Federal official pur16 suant to this Act, to obtain information on 

17 blowout preventer and well control safety issues. 

18 (b) INDEPENDENT THIRD-PARTY CERTIFIERS.— 

19 (1) APPROVAL.—The appropriate Federal offi20 cial shall establish appropriate standards for the ap21 proval of independent third parties capable of exer22 cising the certification functions prescribed under 

23 sections 3 and 4, including standards to ensure tech24 nical competence and an absence of, or a mechanism 


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1 for adequately mitigating, any actual or apparent 

2 conflicts of interest. 

3 (2) ASSIGNMENT.—The appropriate Federal of4 ficial shall require that the reviews, inspections, 

5 tests, certifications, and recertifications required 

6 under sections 3 and 4 are performed by inde7 pendent third-party certifiers that have contracted 

8 directly with the appropriate Federal official rather 

9 than the operator and are randomly assigned by the 

10 appropriate Federal official to individual certifi11 cations and recertifications, including the reviews, 

12 inspections, and tests required for such individual 

13 certifications and recertifications. 

14 (3) CONTRACTING AND FEES.—The appropriate 

15 Federal official shall contract with independent 

16 third-party certifiers to perform the reviews, inspec17 tions, tests, certifications, and recertifications re18 quired by the regulations issued under this Act and 

19 shall assess fees upon operators to cover the costs of 

20 such activities. 

21 (4) ENFORCEMENT.—It shall be a violation of 

22 this Act for any third-party certifier approved under 

23 this section to make any false statement, knowingly 

24 or with reckless disregard for the truth of such 

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1 priate Federal official in connection with a certifi2 cation or recertification under this Act. 

3 (c) EXPERT REVIEW PANELS.—The appropriate 

4 Federal official may establish a panel of technical experts 

5 to provide technical advice with regard to any well-specific 

6 regulatory decision under this Act, including permitting 

7 determinations under section 2 and review and approval 

8 of well designs pursuant to section 4(a). The appropriate 

9 Federal official shall identify a pool of qualified experts 

10 in relevant areas for this purpose and shall establish 

11 standards for including and maintaining individuals in 

12 such pool, including standards to ensure technical com13 petence and an absence of, or a mechanism for adequately 

14 mitigating, any actual or apparent conflicts of interest. 

15 SEC. 7. REGULATIONS AND ORDERS. 

16 (a) ISSUANCE, REVIEW, AND REVISION OF REGULA17 TIONS.— 

18 (1) ISSUANCE OF REGULATIONS.—Not later 

19 than 1 year after the date of enactment of this Act, 

20 the appropriate Federal official shall issue the regu21 lations required under this Act. 

22 (2) PERIODIC REVIEW AND REVISION OF

23 RULES.—At least once every 5 years, the appro24 priate Federal official shall review and, based on 

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1 eration the recommendations of the Advisory Com2 mittee, shall— 

3 (A) revise the regulations issued under this 

4 Act to ensure that such regulations adequately 

5 protect public health and safety and the envi6 ronment; or 

7 (B) issue a written determination that re8 vision of such regulations would not materially 

9 enhance protection of public health and safety 

10 or the environment. 

11 (3) ADVISORY COMMITTEE REVIEW.—Upon 

12 issuance of any proposed regulation under this Act, 

13 the appropriate Federal official shall promptly sub14 mit such proposed regulation to the Advisory Com15 mittee for its review. The Advisory Committee shall, 

16 within 90 days, submit comments advising the ap17 propriate Federal official whether the proposed regu18 lation ensures adequate protection of public health 

19 and safety and the environment and, if not, pro20 posing modifications to ensure such adequate protec21 tion. Before issuance of a final regulation under this 

22 Act, the appropriate Federal official shall consider 

23 and respond in writing to comments and proposed 

24 modification submitted by the Advisory Committee. 

25 If the appropriate Federal official declines to adopt 


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1 such proposed modifications, the appropriate Fed2 eral official shall clearly and specifically state the 

3 reasons for such decision in the final regulation. 

4 (4) RULEMAKING DOCKETS.— 

5 (A) ESTABLISHMENT.—Not later than the 

6 date of proposal of any regulation under this 

7 Act, the appropriate Federal official shall estab8 lish a publicly available rulemaking docket for 

9 such regulation. 

10 (B) DOCUMENTS INCLUDED.—Promptly 

11 upon receipt by the appropriate Federal official, 

12 all written comments and documentary informa13 tion on the proposed rule received from any 

14 person for inclusion in the docket during the 

15 comment period shall be placed in the docket. 

16 The transcript of public hearings, if any, on the 

17 proposed rule shall also be included in the dock18 et promptly upon receipt from the person who 

19 transcribed such hearings. All documents which 

20 become available after the proposed rule has 

21 been published and which the appropriate Fed22 eral official determines are of central relevance 

23 to the rulemaking shall be placed in the docket 

24 as soon as possible after their availability. 


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1 (C) DOCUMENTS SUBMITTED TO THE OF2 FICE OF MANAGEMENT AND BUDGET.—The 

3 drafts of proposed rules submitted by the ap4 propriate Federal official to the Office of Man5 agement and Budget for any interagency review 

6 process prior to proposal of any such rule, all 

7 documents accompanying such drafts, and all 

8 written comments thereon by other agencies 

9 and all written responses to such written com10 ments by the appropriate Federal official shall 

11 be placed in the docket no later than the date 

12 of proposal of the rule. The drafts of the final 

13 rule submitted for such review process prior to 

14 issuance and all such written comments there15 on, all documents accompanying such drafts, 

16 and written responses thereto shall be placed in 

17 the docket no later than the date of issuance. 

18 (b) INTERIM ORDERS.—Prior to the issuance and ef19 fective date of initial regulations required pursuant to sub20 section (a)(1), the appropriate Federal official may issue 

21 an order applicable to one or more operators to ensure 

22 that such operator or operators— 

23 (1) have the ability to prevent and respond to 

24 a blowout; 

25 (2) utilize safe and effective blowout preventers; 


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1 (3) use safe casing designs and cementing pro2 grams and procedures; 

3 (4) use appropriate and safe designs of wells; 

4 (5) use appropriate procedures and technologies 

5 to minimize the risk of ignition of well fluids; and 

6 (6) take any other appropriate measure to en7 sure well control is maintained and blowouts are pre8 vented. 

9 SEC. 8. WELL CONTROL AND BLOWOUT PREVENTION IN10 SPECTORS. 

11 The appropriate Federal official shall provide for 

12 periodic unannounced inspections by agency inspectors of 

13 drilling operations of high-risk wells to ensure that such 

14 operations comply with the regulations issued pursuant to 

15 this Act. The appropriate Federal official shall also pro16 vide for periodic in-person observation by agency inspec17 tors of tests undertaken for recertification under section 

18 3. The appropriate Federal official may conduct inspec19 tions under this section at any time. The appropriate Fed20 eral official shall charge and collect fees from operators 

21 in amounts the appropriate Federal official determines are 

22 sufficient to cover the expenses associated with inspections 

23 under this section. 


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1 SEC. 9. JUDICIAL REVIEW OF REGULATIONS. 

2 Any person aggrieved by any regulation issued by the 

3 appropriate Federal official under this Act may seek judi4 cial review of such regulation exclusively in the United 

5 States Court of Appeals for the District of Columbia Cir6 cuit. Any petition for review under this section shall be 

7 filed within 60 days from the date notice of the issuance 

8 of such regulation appears in the Federal Register, except 

9 that if such petition is based solely on grounds arising 

10 after such sixtieth day, then any such petition for review 

11 shall be filed within 60 days after such grounds arise. 

12 SEC. 10. INVESTIGATIONS AND INFORMATION REQUESTS. 

13 (a) INSPECTIONS.—The appropriate Federal official 

14 is authorized to conduct investigations of violations or al15 leged or suspected violations of this Act or of any regula16 tion or order issued under this Act. In any investigation 

17 conducted under this section, the appropriate Federal offi18 cial shall have the authority to summon witnesses and to 

19 require the production of books, papers, documents, and 

20 any other evidence. Attendance of witnesses or the produc21 tion of books, papers, documents, or any other evidence 

22 shall be compelled by a similar process as in the district 

23 courts of the United States. 

24 (b) INFORMATION REQUESTS.—The appropriate 

25 Federal official may require an operator or third-party 

26 certifier, or an employee or contractor thereof, to provide, 


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1 on a one-time, periodic, or continuous basis, such informa2 tion as the appropriate Federal official may reasonably re3 quire for the purpose of— 

4 (1) making any permitting or other regulatory 

5 determination, issuing any order, or developing any 

6 regulation under this Act; 

7 (2) determining whether any person is in viola8 tion of this Act or of any regulation or order issued 

9 under this Act; or 

10 (3) carrying out any other provision of this Act. 

11 SEC. 11. CITIZEN SUITS. 

12 (a) IN GENERAL.—Any person may commence a civil 

13 action in a Federal district court of appropriate jurisdic14 tion on such person’s own behalf to compel compliance 

15 with this Act, or any regulation or order issued under this 

16 Act, against any person, including the United States, and 

17 any other government instrumentality or agency (to the 

18 extent permitted by the eleventh amendment to the Con19 stitution) for any alleged violation of any provision of this 

20 Act or any regulation or order issued under this Act. 

21 (b) NOTICE.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), no action may be commenced under sub24 section (a)— 


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1 (A) prior to 60 days after the plaintiff has 

2 given notice of the alleged violation, in writing 

3 under oath, to the appropriate Federal official, 

4 to the State in which the violation allegedly oc5 curred or is occurring, and to any alleged viola6 tor; or 

7 (B) if the Attorney General of the United 

8 States has commenced and is diligently pros9 ecuting a civil action in a court of the United 

10 States or a State with respect to such matter, 

11 but in any such action in a court of the United 

12 States any person having a legal interest which 

13 is or may be adversely affected may intervene 

14 as a matter of right. 

15 (2) EXCEPTION.—An action may be brought 

16 under this subsection immediately after notification 

17 of the alleged violation in any case in which the al18 leged violation constitutes an imminent threat to the 

19 public health or safety or the environment or would 

20 immediately affect a legal interest of the plaintiff. 

21 (c) INTERVENTION.—In any action commenced pur22 suant to this section, the Attorney General of the United 

23 States, upon the request of the appropriate Federal offi24 cial, may intervene as a matter of right. 


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1 (d) COSTS; SECURITY.—A court, in issuing any final 

2 order in any action brought pursuant to this section, may 

3 award costs of litigation, including reasonable attorney 

4 and expert witness fees, to any party, whenever such court 

5 determines such award is appropriate. The court may, if 

6 a temporary restraining order or preliminary injunction 

7 is sought, require the filing of a bond or equivalent secu8 rity in a sufficient amount to compensate for any loss or 

9 damage suffered, in accordance with the Federal Rules of 

10 Civil Procedure. 

11 (e) SAVINGS.—Nothing in this section shall restrict 

12 any right which any person or class of persons may have 

13 under any other Federal or State law or common law to 

14 seek appropriate relief. 

15 SEC. 12. REMEDIES AND PENALTIES. 

16 (a) INJUNCTIONS AND RESTRAINING ORDERS.—At 

17 the request of the appropriate Federal official, the Attor18 ney General of the United States or a United States attor19 ney shall institute a civil action in the district court of 

20 the United States for the district in which the affected 

21 operation is located for a temporary restraining order, in22 junction, or other appropriate remedy to enforce any pro23 vision of this Act or any regulation or order issued under 

24 this Act. 

25 (b) CIVIL PENALTIES; HEARING.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), if any person fails to comply with any 

3 provision of this Act or any regulation or order 

4 issued under this Act, after notice of such failure 

5 and expiration of any reasonable period allowed for 

6 corrective action, such person shall be liable for a 

7 civil penalty of not more than $75,000 for each day 

8 of the continuance of such failure. The appropriate 

9 Federal official may assess, collect, and compromise 

10 any such penalty. No penalty shall be assessed until 

11 the person charged with a violation has been given 

12 an opportunity for a hearing. The appropriate Fed13 eral official shall, by regulation at least every 3 

14 years, adjust the penalty specified in this paragraph 

15 to reflect any increases in the Consumer Price Index 

16 for all urban consumers. 

17 (2) THREAT OF SERIOUS IRREPARABLE OR IM18 MEDIATE HARM.—If a failure described in para19 graph (1) constitutes or constituted a threat of seri20 ous, irreparable, or immediate harm or damage to 

21 life (including fish and other aquatic life), property, 

22 any mineral deposit, or the marine, coastal, or 

23 human environment, a civil penalty of not more than 

24 $150,000 shall be assessed for each day of the con25 tinuance of the failure. 


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1 (c) CRIMINAL PENALTIES.—Any person who know2 ingly and willfully— 

3 (1) violates any provision of this Act, or any 

4 regulation or order issued under the authority of 

5 this Act, designed to protect the public health and 

6 safety or the environment; 

7 (2) makes any false statement, representation, 

8 or certification in any application, record, report, or 

9 other document filed or required to be maintained 

10 under this Act; or 

11 (3) falsifies, tampers with, or renders inac12 curate any monitoring device or method of record re13 quired to be maintained under this Act, 

14 shall, upon conviction, be punished by a fine of not more 

15 than $10,000,000, or by imprisonment for not more than 

16 10 years, or both. Each day that a violation of paragraph 

17 (1) continues, or each day that any monitoring device or 

18 data recorder remains inoperative or inaccurate because 

19 of any activity described in paragraph (3), shall constitute 

20 a separate violation. 

21 (d) LIABILITY OF CORPORATE OFFICERS AND

22 AGENTS FOR VIOLATIONS BY CORPORATION.—Whenever 

23 a corporation or other entity is subject to prosecution 

24 under subsection (c), any officer or agent of such corpora25 tion or entity who knowingly and willfully, or with willful 


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1 disregard, authorized, ordered, or carried out the pro2 scribed activity shall be subject to the same fines or im3 prisonment, or both, as provided for under subsection (c). 

4 (e) CONCURRENT AND CUMULATIVE NATURE OF

5 PENALTIES.—The remedies and penalties prescribed in 

6 this Act shall be concurrent and cumulative and the exer7 cise of one shall not preclude the exercise of the others. 

8 Further, the remedies and penalties prescribed in this Act 

9 shall be in addition to any other remedies and penalties 

10 afforded by any other law or regulation. 

11 SEC. 13. RETALIATION PROHIBITED. 

12 (a) PROHIBITION.—No person or employer may dis13 charge any employee or otherwise discriminate against any 

14 employee with respect to the employee’s compensation, 

15 terms, conditions, or other privileges of employment be16 cause the employee (or any person acting pursuant to a 

17 request of the employee)— 

18 (1) notified the appropriate Federal official, a 

19 Federal or State law enforcement or regulatory 

20 agency, or the employee’s employer of an alleged vio21 lation of this Act, or any regulation or order under 

22 this Act, including notification of such an alleged 

23 violation through communications related to carrying 

24 out the employee’s job duties; 


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1 (2) refused to participate in any conduct that 

2 the employee reasonably believes is in noncompliance 

3 with a requirement of this Act, or any regulation or 

4 order under this Act, if the employee has identified 

5 the alleged noncompliance to the employer; 

6 (3) testified before or otherwise provided infor7 mation relevant for Congress or for any Federal or 

8 State proceeding regarding any provision (or pro9 posed provision) of this Act; 

10 (4) commenced, caused to be commenced, or is 

11 about to commence or cause to be commenced a pro12 ceeding under this Act; 

13 (5) testified or is about to testify in any such 

14 proceeding; or 

15 (6) assisted or participated or is about to assist 

16 or participate in any manner in such a proceeding 

17 or in any other action to carry out the purposes of 

18 this Act. 

19 (b) ENFORCEMENT ACTION.—Any employee covered 

20 by this section who alleges discrimination by an employer 

21 in violation of subsection (a) may bring an action governed 

22 by the rules and procedures, legal burdens of proof, and 

23 remedies applicable under subsections (d) through (h) of 

24 section 20109 of title 49, United States Code. A party 

25 may seek district court review as set forth in subsection 


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1 (d)(3) of such section not later than 90 days after receiv2 ing a written final determination by the Secretary of 

3 Labor. 

4 SEC. 14. CHEMICAL SAFETY BOARD INVESTIGATION. 

5 Section 112(r)(6) of the Clean Air Act (42 U.S.C. 

6 7412(r)(6)) is amended by adding at the end the following: 

7 ‘‘(T) AGREEMENT.—Not later than 30 

8 days after the date of enactment of this sub9 paragraph, the Chemical Safety and Hazard In10 vestigation Board, the Coast Guard, and the 

11 Department of the Interior shall enter into an 

12 agreement in order to facilitate the Board’s in13 vestigation of the facts, circumstances, and 

14 causes of an accidental fire, explosion, or re15 lease involving an offshore oil or gas exploration 

16 or production facility (regardless of whether 

17 there is a resulting marine oil spill). Such 

18 agreement shall provide the Board with the fol19 lowing: 

20 ‘‘(i) Unrestricted access to any per21 sonnel, records, witness statements, re22 corded witness interviews, and physical or 

23 documentary evidence related to an off24 shore oil or gas exploration or production 

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1 sessed by the Coast Guard or the Depart2 ment of the Interior. 

3 ‘‘(ii) The ability to conduct recorded 

4 interviews of all agency personnel and con5 tractors and the right to obtain records re6 lated to Federal regulatory, inspection, en7 forcement, and safety programs for off8 shore oil or gas exploration and produc9 tion. 

10 ‘‘(iii) The right to participate equally 

11 in planning and executing any testing of 

12 relevant items of physical evidence related 

13 to the cause of the accident. 

14 ‘‘(iv) Such support and facilities as 

15 may be necessary for the Board’s inves16 tigation, including transportation to the 

17 accident site, coastal waters and affected 

18 areas, and other offshore oil or gas explo19 ration and production facilities without 

20 cost to the Board. 

21 ‘‘(U) RECOMMENDATIONS.—Based on an 

22 investigation of an accidental fire, explosion, or 

23 release involving an offshore oil or gas explo24 ration or production facility, the Board shall 

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1 venting subsequent accidental fires, explosions, 

2 or releases to the Secretary of the Interior and 

3 the Commandant of the Coast Guard. The Sec4 retary of the Interior and the Commandant of 

5 the Coast Guard shall respond formally and in 

6 writing to any recommendation of the Board 

7 within 90 days of the receipt of such rec8 ommendations.’’. 

9 SEC. 15. SAVINGS CLAUSE. 

10 Nothing in this Act shall be construed to preempt 

11 regulation by any State or local government of oil and gas 

12 exploration and production wells drilled in State waters, 

13 on State lands, or on private lands within that State pur14 suant to the laws of that State or local government. 

15 SEC. 16. DEFINITIONS. 

16 In this Act: 

17 (1) ADVISORY COMMITTEE.—The term ‘‘Advi18 sory Committee’’ means the Well Control Technical 

19 Advisory Committee established pursuant to section 

20 6(a). 

21 (2) APPROPRIATE FEDERAL OFFICIAL.—The 

22 term ‘‘appropriate Federal official’’ means the Sec23 retary of Energy, Secretary of the Interior, or Ad24 ministrator of the Environmental Protection Agency, 


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1 as designated for specific responsibilities provided in 

2 this Act by the President of the United States. 

3 (3) BLIND SHEAR RAM.—The term ‘‘blind shear 

4 ram’’ means a device capable of cutting through a 

5 drill pipe and sealing a well. 

6 (4) BLOWOUT.—The term ‘‘blowout’’ means the 

7 uncontrolled release of hydrocarbons or other mate8 rials from a well. 

9 (5) BLOWOUT PREVENTER.—The term ‘‘blow10 out preventer’’ means a wellhead device or combina11 tion of devices designed and intended to prevent a 

12 blowout. 

13 (6) CASING.—The term ‘‘casing’’ means any 

14 pipe permanently installed, or intended to be perma15 nently installed, in a well. 

16 (7) CASING SHEAR RAM.—The term ‘‘casing 

17 shear ram’’ means a device capable of cutting 

18 through casing. 

19 (8) CEMENTING.—The term ‘‘cementing’’ 

20 means the practice of forcing cement into the annu21 lar space between the casing and the bore-hole or be22 tween any two pipes within the bore-hole to seal the 

23 well against the possibility of fluids or gases finding 

24 a flow path through that space. 


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1 (9) CEMENT BOND LOG.—The term ‘‘cement 

2 bond log’’ means a test conducted to determine the 

3 integrity and completeness of a cementing job for a 

4 given well or segment of a well by determining the 

5 extent to which the cement has filled annular spaces 

6 and bonded to pipes and surrounding formations. 

7 (10) EXPLORATION WELL.—The term ‘‘explo8 ration well’’ means a well intended to determine 

9 whether economically recoverable oil, natural gas, 

10 natural gas liquids, or other hydrocarbons exist in 

11 the geological deposits or strata to or through which 

12 the well is drilled. 

13 (11) FLOW PATH.—The term ‘‘flow path’’ 

14 means a potential route by which hydrocarbons or 

15 other materials could migrate within a well. 

16 (12) HIGH-RISK WELL.—The term ‘‘high-risk 

17 well’’ means— 

18 (A) an offshore oil or gas exploration or 

19 production well within 200 nautical miles of the 

20 coast of the United States; or 

21 (B) an onshore oil or gas exploration or 

22 production well in the United States, identified 

23 pursuant to criteria established by the appro24 priate Federal official, that, in the event of a 


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1 blowout, could lead to substantial harm to pub2 lic health and safety or the environment. 

3 (13) OPERATOR.—The term ‘‘operator’’ means, 

4 with respect to a high-risk well, the owner or lessee 

5 of the rights to explore for, or produce oil or gas 

6 through such well. 

7 (14) PRESSURE TESTING.—The term ‘‘pressure 

8 testing’’ means testing under conditions of elevated 

9 hydrostatic pressure generated by natural or artifi10 cial means to determine well integrity, the effective11 ness of cementing, or the effectiveness of equipment 

12 used in the well or to drill the well. 

13 (15) PRODUCTION WELL.—The term ‘‘produc14 tion well’’ means a well intended to allow the pro15 duction of oil, natural gas, natural gas liquids, or 

16 other hydrocarbons. 

17 (16) REMEDIAL CEMENTING.—The term ‘‘reme18 dial cementing’’ means repairs to a cementing job 

19 that has been revealed to be incomplete, channeled, 

20 insufficiently bonded, or otherwise flawed. 

21 (17) ROV.—The term ‘‘ROV’’ is an acronym 

22 for Remotely Operated Vehicle, and means an un23 manned, remotely operated, submersible device that 

24 is capable of relaying images or information, manip25 ulating or operating various elements of a blowout 


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1 preventer or other equipment on the seabed, or per2 forming other subsea functions. 

3 (18) SYSTEM INTEGRATION TEST.—The term 

4 ‘‘system integration test’’ means a test of the var5 ious elements of a blowout preventer, equipment as6 sociated with the use of such preventer, and the con7 trols of the blowout preventer, as combined and con8 figured for operation. 

9 (19) WELL CONTROL EVENT.—The term ‘‘well 

10 control event’’ means a blowout or any event that 

11 threatens, if not controlled, to result in a blowout. 

Æ 


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