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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5626 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blowout Prevention Act of 2010''.

SEC. 2. NO DRILLING WITHOUT DEMONSTRATED ABILITY TO PREVENT AND CONTAIN 
              LEAKS.

    (a) Federally Permitted High-Risk Wells.--Effective one year after 
the date of enactment of this Act, the appropriate Federal official 
shall not issue a permit to drill for a high-risk well unless the 
applicant for such permit demonstrates, the Chief Executive Officer of 
the applicant attests in writing, and the appropriate Federal official 
determines that--
            (1) the blowout preventer and other well control measures 
        will prevent a blowout from occurring;
            (2) the applicant has an oil spill response plan that 
        ensures that the applicant has the capacity to promptly stop a 
        blowout in the event the blowout preventer and other well 
        control measures fail; and
            (3) the applicant has the capability to begin drilling of a 
        relief well within 15 days, and complete such drilling of a 
        relief well to control a blowout within 90 days of the well 
        control event that causes such blowout.
    (b) Other High-Risk Wells.--Effective one year after the date of 
enactment of this Act, any operator who intends to drill a high-risk 
well for which a permit to drill is not otherwise required to be issued 
by a Federal official shall notify the appropriate Federal official of 
the operator's intent to drill such high-risk well, and shall not 
commence drilling such well without approval of the appropriate Federal 
official. The appropriate Federal official shall approve the 
commencement of drilling of such well only if the operator has made a 
demonstration and attestation, and the appropriate Federal official has 
made a determination, equivalent to those required under subsection 
(a). The appropriate Federal official may delegate the duties 
associated with this subsection to a State if the appropriate Federal 
official determines that such State is capable of faithfully executing 
such duties.

SEC. 3. BLOWOUT PREVENTER REQUIREMENTS.

    (a) Blowout Preventer Adequacy Standards.--The regulations issued 
under section 7(a) shall require the use of blowout preventers in all 
high-risk well drilling operations and prescribe safety standards for 
such blowout preventers. Such standards shall ensure that blowout 
preventer designs will operate effectively at the location where they 
will be deployed to prevent a blowout. At a minimum, such designs shall 
include the following components:
            (1) Two sets of blind shear rams appropriately spaced to 
        prevent blowout preventer failure if a drill pipe joint, drill 
        collar, or drill tool is across one set of blind shear rams 
        during a situation that threatens loss of well control.
            (2) Two sets of casing shear rams appropriately spaced to 
        prevent blowout preventer failure if a drill pipe joint is 
        across one set of casing shear rams during a situation that 
        threatens loss of well control.
            (3) Independent and redundant hydraulic and activation 
        systems for each blind shear ram or casing shear ram.
            (4) One or more emergency backup control systems capable of 
        activating the relevant components of a blowout preventer in a 
        situation that threatens loss of well control.
            (5) As appropriate, ROV intervention capabilities for 
        secondary control of all blowout preventer functions.
If the appropriate Federal official determines that a component 
required under paragraphs (1) through (4) would be less effective than 
an alternative mechanism in preventing a blowout in a situation that 
threatens loss of well control, the appropriate Federal official may 
include a requirement for such alternative mechanism in lieu of a 
requirement for the less effective component.
    (b) Independent Third-Party Certification of Blowout Preventer 
Readiness.--The regulations issued under section 7(a) shall require the 
following:
            (1) Prior to the commencement of drilling through a blowout 
        preventer at any high-risk well, the operator shall obtain a 
        written and signed certification from an independent third 
        party approved and assigned by the appropriate Federal official 
        pursuant to section 6(b) that the third party conducted a 
        detailed physical inspection, design review, system integration 
        test, and function and pressure testing of the blowout 
        preventer to determine that--
                    (A) the blowout preventer is designed for the 
                specific drilling conditions, equipment, and location 
                where it will be deployed and for the specific well 
                design;
                    (B) the blowout preventer, with all of its 
                components and control systems, will operate 
                effectively and as designed when deployed;
                    (C) each blind shear ram or casing shear ram will 
                function effectively under likely emergency scenarios 
                and is capable of shearing the drill pipe or casing, as 
                applicable, that will be used when deployed;
                    (D) emergency control systems will function under 
                the conditions in which they will be deployed; and
                    (E) the blowout preventer has not been compromised 
                or damaged from any previous service.
            (2) Not less than once every 180 days after commencement of 
        drilling through a blowout preventer at any high-risk well or 
        upon implementation of any material modification to the blowout 
        preventer or well design at such a well, the operator shall 
        obtain a written and signed recertification from an independent 
        third party approved and assigned by the appropriate Federal 
        official pursuant to section 6(b) that the requirements in 
        subparagraphs (A) through (E) of paragraph (1) continue to be 
        met with the systems as deployed. Such recertification 
        determinations shall consider the results of tests required by 
        the appropriate Federal official, including testing of the 
        emergency control systems of a blowout preventer at least every 
        14 days.
            (3) Certifications under paragraph (1), recertifications 
        under paragraph (2), and results of and data from all tests 
        conducted pursuant to this subsection shall be promptly 
        submitted to the appropriate Federal official and made publicly 
        available.
    (c) Additional Blowout Preventer Testing.--The regulations issued 
under section 7(a) shall require, after a significant well control 
event at a high-risk well, prompt function and pressure testing of any 
blowout preventer component used in such well control event to ensure 
the full operability of all functions of such component. The results of 
and data from such testing shall be submitted to the appropriate 
Federal official before drilling operations resume.
    (d) Documentation and Reporting.--The regulations issued under 
section 7(a) shall require--
            (1) ongoing submission to the appropriate Federal official 
        of documentation of blowout preventer maintenance and repair 
        within 24 hours of such maintenance and repair;
            (2) prompt and ongoing real-time transmission of the 
        electronic log from a blowout preventer control system to a 
        secure location where it shall be available for inspection by 
        the appropriate Federal official;
            (3) maintenance of up-to-date design specifications of any 
        blowout preventer in service;
            (4) submission to the appropriate Federal official of any 
        changes to the design specifications of a blowout preventer in 
        service within 24 hours of such change; and
            (5) prompt reporting to the appropriate Federal official of 
        a failure of any blowout preventer or any component of a 
        blowout preventer when used during a well control event.

SEC. 4. ENSURING SAFE WELLS AND CEMENTING.

    (a) Ensuring Safe Well Design.--
            (1) Standards.--The regulations issued under section 7(a) 
        shall ensure the appropriate and safe design of high-risk 
        wells. At a minimum, such regulations shall require--
                    (A) at least three independent tested barriers, 
                including at least two mechanical barriers, across each 
                flow path during well completion and abandonment 
                activities;
                    (B) that wells shall be designed so that a failure 
                of one barrier does not significantly increase the 
                likelihood of another barrier's failure;
                    (C) that the casing design is appropriate for the 
                purpose for which it is intended under reasonably 
                expected wellbore conditions; and
                    (D) well control guidelines and fluid circulation 
                and displacement procedures.
            (2) Third-party certification.--The regulations issued 
        under section 7(a) shall require that, prior to the 
        commencement of drilling at any high-risk well, the operator 
        shall obtain a written and signed certification from an 
        independent third party approved and assigned by the 
        appropriate Federal official pursuant to section 6(b) that the 
        well design meets the requirements established by the 
        appropriate Federal official under paragraph (1).
            (3) Recertification.--Upon implementation of any material 
        modification to the well design of such a well, the operator 
        shall obtain a written and signed recertification from an 
        independent third party approved and assigned by the 
        appropriate Federal official pursuant to section 6(b) that the 
        well design continues to meet the requirements established by 
        the appropriate Federal official under paragraph (1).
    (b) Ensuring Safe Cementing and Casing.--The regulations issued 
under section 7(a) shall require that well casing designs and cementing 
programs and procedures for a high-risk well will ensure that well 
control will be maintained and that there will be no unintended flow 
path between any hydrocarbon-bearing formation zone and the wellhead. 
Such regulations shall also require that, prior to the commencement of 
drilling at any high-risk well, the operator shall obtain a written and 
signed certification from an independent third party approved and 
assigned by the appropriate Federal official pursuant to section 6(b) 
that the operator's well casing designs and cementing programs and 
procedures ensure that well control will be maintained and that there 
will be no unintended flow path between any hydrocarbon-bearing 
formation zone and the wellhead. Such regulations shall, at a minimum, 
require adequate cement volume and cement bond logs for all cementing 
programs (including remedial cementing).
    (c) Preventing Ignition and Explosion.--The regulations issued 
under section 7(a) shall establish procedures and technologies to be 
used during drilling at any high-risk well to minimize the risk of 
ignition and explosion of hydrocarbons or any other material discharged 
from the well during a well control event. Such regulations shall 
address the diversion of dangerous oil, gas, well fluids, and other 
materials and standards for drilling equipment and engines on such 
equipment.

SEC. 5. STOP-WORK REQUIREMENTS.

    (a) Requirements.--The regulations issued under section 7(a) shall 
establish stop-work requirements for oil and gas exploration and 
production activities at high-risk wells, including--
            (1) requirements that the operator, or the operator's 
        employees or contractors, immediately stop all work, other than 
        the work required to ensure safety, in the event of specified 
        well conditions or other factors indicating that there is an 
        immediate risk of a blowout;
            (2) requirements that the operator adopt policies, 
        procedures, and incentives to ensure that the operator, or the 
        operator's employees or contractors, immediately stop all work, 
        other than the work required to ensure safety, when the 
        operator, or the operator's employees or contractors, have 
        identified well conditions, well design, drilling procedures, 
        drilling equipment, or any other factor indicating that there 
        is an immediate risk of a well control event; and
            (3) that the operator, or the operator's employees or 
        contractors, take appropriate action to mitigate risks 
        identified pursuant to paragraph (1) or (2), and obtain the 
        concurrence of the appropriate Federal official that such 
        action is sufficient, prior to resumption of work.
    (b) Records of Events.--The appropriate Federal official shall 
maintain records of all such events, their duration, the reason for 
such events, and the actions taken prior to the resumption of 
activities.

SEC. 6. INDEPENDENT TECHNICAL ADVICE AND CERTIFICATION.

    (a) Well Control Technical Advisory Committee.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the appropriate Federal official 
        shall appoint an independent technical advisory committee to be 
        known as the Well Control Technical Advisory Committee.
            (2) Membership.--
                    (A) Composition.--The Advisory Committee shall be 
                composed of 7 members. Members shall be qualified by 
                education, training, and experience to provide 
                scientific and technical advice with regard to blowout 
                preventers and other well control equipment and 
                operations. At least 3 of the members of the Advisory 
                Committee shall be members of the National Academy of 
                Engineering.
                    (B) Appointment and terms.--The appropriate Federal 
                official shall appoint Advisory Committee members, 
                including a chair and vice-chair to the Advisory 
                Committee. Each term of a member's service on the 
                Advisory Committee shall be 3 years, except for initial 
                terms, which may be up to 5 years in length to allow 
                staggering. Members may be reappointed only once for an 
                additional 3-year term.
                    (C) Conflicts of interest.--Members of the Advisory 
                Committee shall not be current employees of any entity 
                subject to regulation under this Act or of any entity 
                that is a contractor of any entity subject to 
                regulation under this Act. The appropriate Federal 
                official shall establish requirements to ensure that 
                members of the Advisory Committee do not have any 
                conflicts of interest.
            (3) Periodic reports.--Not later than 180 days after the 
        date of enactment of this Act, and every 5 years thereafter, 
        the Advisory Committee shall submit to the appropriate Federal 
        official and Congress a report that--
                    (A) assesses available blowout preventer and well 
                control technologies, practices, voluntary standards, 
                and regulations in the United States and elsewhere;
                    (B) assesses whether existing regulations issued by 
                the appropriate Federal official for blowout preventers 
                and well control for high-risk wells for oil and gas 
                exploration or production in the United States 
                adequately protect public health and safety and the 
                environment; and
                    (C) as appropriate, recommends modifications to the 
                regulations identified under subparagraph (B) to ensure 
                adequate protection of public health and safety and the 
                environment.
            (4) Annual implementation assessment reports.--Not later 
        than March 31 of 2012, and each calendar year thereafter, the 
        Advisory Committee shall submit to the appropriate Federal 
        official and to Congress a report that--
                    (A) assesses the appropriate Federal official's 
                implementation of the requirements of this Act during 
                the preceding year, including well-specific regulatory 
                determinations and oversight, administration of 
                inspections, and third-party certification 
                requirements;
                    (B) recommends any improvements to the 
                implementation referred to in subparagraph (A) that, in 
                the Advisory Committee's judgment, would enhance the 
                safety of drilling operations subject to the 
                requirements of this Act; and
                    (C) reviews the safety record during the preceding 
                year of any equipment, designs, or practices subject to 
                the requirements of this Act.
            (5) Other duties.--In addition to the responsibilities set 
        forth under this section, the Advisory Committee shall--
                    (A) review and comment on proposed regulations as 
                required under section 7;
                    (B) respond to requests for advice from the 
                appropriate Federal official on matters within the 
                Advisory Committee's expertise; and
                    (C) as appropriate, consult with third-party 
                certifiers and with employees of the agency conducting 
                inspections pursuant to this Act, and review reports or 
                other documents submitted to the appropriate Federal 
                official pursuant to this Act, to obtain information on 
                blowout preventer and well control safety issues.
    (b) Independent Third-Party Certifiers.--
            (1) Approval.--The appropriate Federal official shall 
        establish appropriate standards for the approval of independent 
        third parties capable of exercising the certification functions 
        prescribed under sections 3 and 4, including standards to 
        ensure technical competence and an absence of, or a mechanism 
        for adequately mitigating, any actual or apparent conflicts of 
        interest.
            (2) Assignment.--The appropriate Federal official shall 
        require that the reviews, inspections, tests, certifications, 
        and recertifications required under sections 3 and 4 are 
        performed by independent third-party certifiers that have 
        contracted directly with the appropriate Federal official 
        rather than the operator and are randomly assigned by the 
        appropriate Federal official to individual certifications and 
        recertifications, including the reviews, inspections, and tests 
        required for such individual certifications and 
        recertifications.
            (3) Contracting and fees.--The appropriate Federal official 
        shall contract with independent third-party certifiers to 
        perform the reviews, inspections, tests, certifications, and 
        recertifications required by the regulations issued under this 
        Act and shall assess fees upon operators to cover the costs of 
        such activities.
            (4) Enforcement.--It shall be a violation of this Act for 
        any third-party certifier approved under this section to make 
        any false statement, knowingly or with reckless disregard for 
        the truth of such statement, in any document submitted to the 
        appropriate Federal official in connection with a certification 
        or recertification under this Act.
    (c) Expert Review Panels.--The appropriate Federal official may 
establish a panel of technical experts to provide technical advice with 
regard to any well-specific regulatory decision under this Act, 
including permitting determinations under section 2 and review and 
approval of well designs pursuant to section 4(a). The appropriate 
Federal official shall identify a pool of qualified experts in relevant 
areas for this purpose and shall establish standards for including and 
maintaining individuals in such pool, including standards to ensure 
technical competence and an absence of, or a mechanism for adequately 
mitigating, any actual or apparent conflicts of interest.

SEC. 7. REGULATIONS AND ORDERS.

    (a) Issuance, Review, and Revision of Regulations.--
            (1) Issuance of regulations.--Not later than 1 year after 
        the date of enactment of this Act, the appropriate Federal 
        official shall issue the regulations required under this Act.
            (2) Periodic review and revision of rules.--At least once 
        every 5 years, the appropriate Federal official shall review 
        and, based on new or updated information and taking into 
        consideration the recommendations of the Advisory Committee, 
        shall--
                    (A) revise the regulations issued under this Act to 
                ensure that such regulations adequately protect public 
                health and safety and the environment; or
                    (B) issue a written determination that revision of 
                such regulations would not materially enhance 
                protection of public health and safety or the 
                environment.
            (3) Advisory committee review.--Upon issuance of any 
        proposed regulation under this Act, the appropriate Federal 
        official shall promptly submit such proposed regulation to the 
        Advisory Committee for its review. The Advisory Committee 
        shall, within 90 days, submit comments advising the appropriate 
        Federal official whether the proposed regulation ensures 
        adequate protection of public health and safety and the 
        environment and, if not, proposing modifications to ensure such 
        adequate protection. Before issuance of a final regulation 
        under this Act, the appropriate Federal official shall consider 
        and respond in writing to comments and proposed modification 
        submitted by the Advisory Committee. If the appropriate Federal 
        official declines to adopt such proposed modifications, the 
        appropriate Federal official shall clearly and specifically 
        state the reasons for such decision in the final regulation.
            (4) Rulemaking dockets.--
                    (A) Establishment.--Not later than the date of 
                proposal of any regulation under this Act, the 
                appropriate Federal official shall establish a publicly 
                available rulemaking docket for such regulation.
                    (B) Documents included.--Promptly upon receipt by 
                the appropriate Federal official, all written comments 
                and documentary information on the proposed rule 
                received from any person for inclusion in the docket 
                during the comment period shall be placed in the 
                docket. The transcript of public hearings, if any, on 
                the proposed rule shall also be included in the docket 
                promptly upon receipt from the person who transcribed 
                such hearings. All documents which become available 
                after the proposed rule has been published and which 
                the appropriate Federal official determines are of 
                central relevance to the rulemaking shall be placed in 
                the docket as soon as possible after their 
                availability.
                    (C) Documents submitted to the office of management 
                and budget.--The drafts of proposed rules submitted by 
                the appropriate Federal official to the Office of 
                Management and Budget for any interagency review 
                process prior to proposal of any such rule, all 
                documents accompanying such drafts, and all written 
                comments thereon by other agencies and all written 
                responses to such written comments by the appropriate 
                Federal official shall be placed in the docket no later 
                than the date of proposal of the rule. The drafts of 
                the final rule submitted for such review process prior 
                to issuance and all such written comments thereon, all 
                documents accompanying such drafts, and written 
                responses thereto shall be placed in the docket no 
                later than the date of issuance.
    (b) Interim Orders.--Prior to the issuance and effective date of 
initial regulations required pursuant to subsection (a)(1), the 
appropriate Federal official may issue an order applicable to one or 
more operators to ensure that such operator or operators--
            (1) have the ability to prevent and respond to a blowout;
            (2) utilize safe and effective blowout preventers;
            (3) use safe casing designs and cementing programs and 
        procedures;
            (4) use appropriate and safe designs of wells;
            (5) use appropriate procedures and technologies to minimize 
        the risk of ignition of well fluids; and
            (6) take any other appropriate measure to ensure well 
        control is maintained and blowouts are prevented.

SEC. 8. WELL CONTROL AND BLOWOUT PREVENTION INSPECTORS.

    The appropriate Federal official shall provide for periodic 
unannounced inspections by agency inspectors of drilling operations of 
high-risk wells to ensure that such operations comply with the 
regulations issued pursuant to this Act. The appropriate Federal 
official shall also provide for periodic in-person observation by 
agency inspectors of tests undertaken for recertification under section 
3. The appropriate Federal official may conduct inspections under this 
section at any time. The appropriate Federal official shall charge and 
collect fees from operators in amounts the appropriate Federal official 
determines are sufficient to cover the expenses associated with 
inspections under this section.

SEC. 9. JUDICIAL REVIEW OF REGULATIONS.

    Any person aggrieved by any regulation issued by the appropriate 
Federal official under this Act may seek judicial review of such 
regulation exclusively in the United States Court of Appeals for the 
District of Columbia Circuit. Any petition for review under this 
section shall be filed within 60 days from the date notice of the 
issuance of such regulation appears in the Federal Register, except 
that if such petition is based solely on grounds arising after such 
sixtieth day, then any such petition for review shall be filed within 
60 days after such grounds arise.

SEC. 10. INVESTIGATIONS AND INFORMATION REQUESTS.

    (a) Inspections.--The appropriate Federal official is authorized to 
conduct investigations of violations or alleged or suspected violations 
of this Act or of any regulation or order issued under this Act. In any 
investigation conducted under this section, the appropriate Federal 
official shall have the authority to summon witnesses and to require 
the production of books, papers, documents, and any other evidence. 
Attendance of witnesses or the production of books, papers, documents, 
or any other evidence shall be compelled by a similar process as in the 
district courts of the United States.
    (b) Information Requests.--The appropriate Federal official may 
require an operator or third-party certifier, or an employee or 
contractor thereof, to provide, on a one-time, periodic, or continuous 
basis, such information as the appropriate Federal official may 
reasonably require for the purpose of--
            (1) making any permitting or other regulatory 
        determination, issuing any order, or developing any regulation 
        under this Act;
            (2) determining whether any person is in violation of this 
        Act or of any regulation or order issued under this Act; or
            (3) carrying out any other provision of this Act.

SEC. 11. CITIZEN SUITS.

    (a) In General.--Any person may commence a civil action in a 
Federal district court of appropriate jurisdiction on such person's own 
behalf to compel compliance with this Act, or any regulation or order 
issued under this Act, against any person, including the United States, 
and any other government instrumentality or agency (to the extent 
permitted by the eleventh amendment to the Constitution) for any 
alleged violation of any provision of this Act or any regulation or 
order issued under this Act.
    (b) Notice.--
            (1) In general.--Except as provided in paragraph (2), no 
        action may be commenced under subsection (a)--
                    (A) prior to 60 days after the plaintiff has given 
                notice of the alleged violation, in writing under oath, 
                to the appropriate Federal official, to the State in 
                which the violation allegedly occurred or is occurring, 
                and to any alleged violator; or
                    (B) if the Attorney General of the United States 
                has commenced and is diligently prosecuting a civil 
                action in a court of the United States or a State with 
                respect to such matter, but in any such action in a 
                court of the United States any person having a legal 
                interest which is or may be adversely affected may 
                intervene as a matter of right.
            (2) Exception.--An action may be brought under this 
        subsection immediately after notification of the alleged 
        violation in any case in which the alleged violation 
        constitutes an imminent threat to the public health or safety 
        or the environment or would immediately affect a legal interest 
        of the plaintiff.
    (c) Intervention.--In any action commenced pursuant to this 
section, the Attorney General of the United States, upon the request of 
the appropriate Federal official, may intervene as a matter of right.
    (d) Costs; Security.--A court, in issuing any final order in any 
action brought pursuant to this section, may award costs of litigation, 
including reasonable attorney and expert witness fees, to any party, 
whenever such court determines such award is appropriate. The court 
may, if a temporary restraining order or preliminary injunction is 
sought, require the filing of a bond or equivalent security in a 
sufficient amount to compensate for any loss or damage suffered, in 
accordance with the Federal Rules of Civil Procedure.
    (e) Savings.--Nothing in this section shall restrict any right 
which any person or class of persons may have under any other Federal 
or State law or common law to seek appropriate relief.

SEC. 12. REMEDIES AND PENALTIES.

    (a) Injunctions and Restraining Orders.--At the request of the 
appropriate Federal official, the Attorney General of the United States 
or a United States attorney shall institute a civil action in the 
district court of the United States for the district in which the 
affected operation is located for a temporary restraining order, 
injunction, or other appropriate remedy to enforce any provision of 
this Act or any regulation or order issued under this Act.
    (b) Civil Penalties; Hearing.--
            (1) In general.--Except as provided in paragraph (2), if 
        any person fails to comply with any provision of this Act or 
        any regulation or order issued under this Act, after notice of 
        such failure and expiration of any reasonable period allowed 
        for corrective action, such person shall be liable for a civil 
        penalty of not more than $75,000 for each day of the 
        continuance of such failure. The appropriate Federal official 
        may assess, collect, and compromise any such penalty. No 
        penalty shall be assessed until the person charged with a 
        violation has been given an opportunity for a hearing. The 
        appropriate Federal official shall, by regulation at least 
        every 3 years, adjust the penalty specified in this paragraph 
        to reflect any increases in the Consumer Price Index for all 
        urban consumers.
            (2) Threat of serious irreparable or immediate harm.--If a 
        failure described in paragraph (1) constitutes or constituted a 
        threat of serious, irreparable, or immediate harm or damage to 
        life (including fish and other aquatic life), property, any 
        mineral deposit, or the marine, coastal, or human environment, 
        a civil penalty of not more than $150,000 shall be assessed for 
        each day of the continuance of the failure.
    (c) Criminal Penalties.--Any person who knowingly and willfully--
            (1) violates any provision of this Act, or any regulation 
        or order issued under the authority of this Act, designed to 
        protect the public health and safety or the environment;
            (2) makes any false statement, representation, or 
        certification in any application, record, report, or other 
        document filed or required to be maintained under this Act; or
            (3) falsifies, tampers with, or renders inaccurate any 
        monitoring device or method of record required to be maintained 
        under this Act,
shall, upon conviction, be punished by a fine of not more than 
$10,000,000, or by imprisonment for not more than 10 years, or both. 
Each day that a violation of paragraph (1) continues, or each day that 
any monitoring device or data recorder remains inoperative or 
inaccurate because of any activity described in paragraph (3), shall 
constitute a separate violation.
    (d) Liability of Corporate Officers and Agents for Violations by 
Corporation.--Whenever a corporation or other entity is subject to 
prosecution under subsection (c), any officer or agent of such 
corporation or entity who knowingly and willfully, or with willful 
disregard, authorized, ordered, or carried out the proscribed activity 
shall be subject to the same fines or imprisonment, or both, as 
provided for under subsection (c).
    (e) Concurrent and Cumulative Nature of Penalties.--The remedies 
and penalties prescribed in this Act shall be concurrent and cumulative 
and the exercise of one shall not preclude the exercise of the others. 
Further, the remedies and penalties prescribed in this Act shall be in 
addition to any other remedies and penalties afforded by any other law 
or regulation.

SEC. 13. RETALIATION PROHIBITED.

    (a) Prohibition.--No person or employer may discharge any employee 
or otherwise discriminate against any employee with respect to the 
employee's compensation, terms, conditions, or other privileges of 
employment because the employee (or any person acting pursuant to a 
request of the employee)--
            (1) notified the appropriate Federal official, a Federal or 
        State law enforcement or regulatory agency, or the employee's 
        employer of an alleged violation of this Act, or any regulation 
        or order under this Act, including notification of such an 
        alleged violation through communications related to carrying 
        out the employee's job duties;
            (2) refused to participate in any conduct that the employee 
        reasonably believes is in noncompliance with a requirement of 
        this Act, or any regulation or order under this Act, if the 
        employee has identified the alleged noncompliance to the 
        employer;
            (3) testified before or otherwise provided information 
        relevant for Congress or for any Federal or State proceeding 
        regarding any provision (or proposed provision) of this Act;
            (4) commenced, caused to be commenced, or is about to 
        commence or cause to be commenced a proceeding under this Act;
            (5) testified or is about to testify in any such 
        proceeding; or
            (6) assisted or participated or is about to assist or 
        participate in any manner in such a proceeding or in any other 
        action to carry out the purposes of this Act.
    (b) Enforcement Action.--Any employee covered by this section who 
alleges discrimination by an employer in violation of subsection (a) 
may bring an action governed by the rules and procedures, legal burdens 
of proof, and remedies applicable under subsections (d) through (h) of 
section 20109 of title 49, United States Code. A party may seek 
district court review as set forth in subsection (d)(3) of such section 
not later than 90 days after receiving a written final determination by 
the Secretary of Labor.

SEC. 14. CHEMICAL SAFETY BOARD INVESTIGATION.

    Section 112(r)(6) of the Clean Air Act (42 U.S.C. 7412(r)(6)) is 
amended by adding at the end the following:
                    ``(T) Agreement.--Not later than 30 days after the 
                date of enactment of this subparagraph, the Chemical 
                Safety and Hazard Investigation Board, the Coast Guard, 
                and the Department of the Interior shall enter into an 
                agreement in order to facilitate the Board's 
                investigation of the facts, circumstances, and causes 
                of an accidental fire, explosion, or release involving 
                an offshore oil or gas exploration or production 
                facility (regardless of whether there is a resulting 
                marine oil spill). Such agreement shall provide the 
                Board with the following:
                            ``(i) Unrestricted access to any personnel, 
                        records, witness statements, recorded witness 
                        interviews, and physical or documentary 
                        evidence related to an offshore oil or gas 
                        exploration or production facility under 
                        investigation collected or possessed by the 
                        Coast Guard or the Department of the Interior.
                            ``(ii) The ability to conduct recorded 
                        interviews of all agency personnel and 
                        contractors and the right to obtain records 
                        related to Federal regulatory, inspection, 
                        enforcement, and safety programs for offshore 
                        oil or gas exploration and production.
                            ``(iii) The right to participate equally in 
                        planning and executing any testing of relevant 
                        items of physical evidence related to the cause 
                        of the accident.
                            ``(iv) Such support and facilities as may 
                        be necessary for the Board's investigation, 
                        including transportation to the accident site, 
                        coastal waters and affected areas, and other 
                        offshore oil or gas exploration and production 
                        facilities without cost to the Board.
                    ``(U) Recommendations.--Based on an investigation 
                of an accidental fire, explosion, or release involving 
                an offshore oil or gas exploration or production 
                facility, the Board shall make recommendations with 
                respect to preventing subsequent accidental fires, 
                explosions, or releases to the Secretary of the 
                Interior and the Commandant of the Coast Guard. The 
                Secretary of the Interior and the Commandant of the 
                Coast Guard shall respond formally and in writing to 
                any recommendation of the Board within 90 days of the 
                receipt of such recommendations.''.

SEC. 15. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to preempt regulation by any 
State or local government of oil and gas exploration and production 
wells drilled in State waters, on State lands, or on private lands 
within that State pursuant to the laws of that State or local 
government.

SEC. 16. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Well Control Technical Advisory Committee established 
        pursuant to section 6(a).
            (2) Appropriate federal official.--The term ``appropriate 
        Federal official'' means the Secretary of Energy, Secretary of 
        the Interior, or Administrator of the Environmental Protection 
        Agency, as designated for specific responsibilities provided in 
        this Act by the President of the United States.
            (3) Blind shear ram.--The term ``blind shear ram'' means a 
        device capable of cutting through a drill pipe and sealing a 
        well.
            (4) Blowout.--The term ``blowout'' means the uncontrolled 
        release of hydrocarbons or other materials from a well.
            (5) Blowout preventer.--The term ``blowout preventer'' 
        means a wellhead device or combination of devices designed and 
        intended to prevent a blowout.
            (6) Casing.--The term ``casing'' means any pipe permanently 
        installed, or intended to be permanently installed, in a well.
            (7) Casing shear ram.--The term ``casing shear ram'' means 
        a device capable of cutting through casing.
            (8) Cementing.--The term ``cementing'' means the practice 
        of forcing cement into the annular space between the casing and 
        the bore-hole or between any two pipes within the bore-hole to 
        seal the well against the possibility of fluids or gases 
        finding a flow path through that space.
            (9) Cement bond log.--The term ``cement bond log'' means a 
        test conducted to determine the integrity and completeness of a 
        cementing job for a given well or segment of a well by 
        determining the extent to which the cement has filled annular 
        spaces and bonded to pipes and surrounding formations.
            (10) Exploration well.--The term ``exploration well'' means 
        a well intended to determine whether economically recoverable 
        oil, natural gas, natural gas liquids, or other hydrocarbons 
        exist in the geological deposits or strata to or through which 
        the well is drilled.
            (11) Flow path.--The term ``flow path'' means a potential 
        route by which hydrocarbons or other materials could migrate 
        within a well.
            (12) High-risk well.--The term ``high-risk well'' means--
                    (A) an offshore oil or gas exploration or 
                production well within 200 nautical miles of the coast 
                of the United States; or
                    (B) an onshore oil or gas exploration or production 
                well in the United States, identified pursuant to 
                criteria established by the appropriate Federal 
                official, that, in the event of a blowout, could lead 
                to substantial harm to public health and safety or the 
                environment.
            (13) Operator.--The term ``operator'' means, with respect 
        to a high-risk well, the owner or lessee of the rights to 
        explore for, or produce oil or gas through such well.
            (14) Pressure testing.--The term ``pressure testing'' means 
        testing under conditions of elevated hydrostatic pressure 
        generated by natural or artificial means to determine well 
        integrity, the effectiveness of cementing, or the effectiveness 
        of equipment used in the well or to drill the well.
            (15) Production well.--The term ``production well'' means a 
        well intended to allow the production of oil, natural gas, 
        natural gas liquids, or other hydrocarbons.
            (16) Remedial cementing.--The term ``remedial cementing'' 
        means repairs to a cementing job that has been revealed to be 
        incomplete, channeled, insufficiently bonded, or otherwise 
        flawed.
            (17) ROV.--The term ``ROV'' is an acronym for Remotely 
        Operated Vehicle, and means an unmanned, remotely operated, 
        submersible device that is capable of relaying images or 
        information, manipulating or operating various elements of a 
        blowout preventer or other equipment on the seabed, or 
        performing other subsea functions.
            (18) System integration test.--The term ``system 
        integration test'' means a test of the various elements of a 
        blowout preventer, equipment associated with the use of such 
        preventer, and the controls of the blowout preventer, as 
        combined and configured for operation.
            (19) Well control event.--The term ``well control event'' 
        means a blowout or any event that threatens, if not controlled, 
        to result in a blowout.
                                 <all>
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