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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5629 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5629

    To ensure full recovery from responsible parties of damages for 
physical and economic injuries, adverse effects on the environment, and 
 clean up of oil spill pollution, to improve the safety of vessels and 
 pipelines supporting offshore oil drilling, to ensure that there are 
   adequate response plans to prevent environmental damage from oil 
                    spills, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2010

 Mr. Oberstar (for himself, Mr. Cummings, Ms. Eddie Bernice Johnson of 
 Texas, Mr. DeFazio, Mr. Nadler of New York, Mr. Larsen of Washington, 
  Mr. Capuano, Mr. Bishop of New York, and Ms. Hirono) introduced the 
 following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committees on the Judiciary 
 and Natural Resources, 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 ensure full recovery from responsible parties of damages for 
physical and economic injuries, adverse effects on the environment, and 
 clean up of oil spill pollution, to improve the safety of vessels and 
 pipelines supporting offshore oil drilling, to ensure that there are 
   adequate response plans to prevent environmental damage from oil 
                    spills, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

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

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

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

SEC. 4. DAMAGES TO HUMAN HEALTH.

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

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

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

SEC. 6. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT.

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

SEC. 7. INFORMATION ON CLAIMS.

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

``SEC. 1013A. INFORMATION ON CLAIMS.

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

``Sec. 1013A. Information on claims.''.
    (c) Application.--The amendments made by this section shall apply 
to all claims arising from events or activities occurring on or after 
April 19, 2010, including such claims pending on or before the date of 
enactment of this Act.

SEC. 8. LIMITATION OF LIABILITY ACT.

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

``30505. Provisions requiring notice of claim or limiting time for 
                            bringing action.
``30506. Provisions limiting liability for personal injury or death.
``30507. Vicarious liability for medical malpractice with regard to 
                            crew.''.
    (c) Application.--The repeals and amendments made by this section 
shall apply to all claims arising from events or activities occurring 
on or after April 19, 2010, including to claims pending on or before 
the date of enactment of this Act.

SEC. 9. DEATH ON THE HIGH SEAS ACT.

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

SEC. 10. JONES ACT.

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

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

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

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

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

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

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

SEC. 14. COAST GUARD MARINE SAFETY WORKFORCE.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 99. Marine safety workforce
    ``(a) Marine Safety Workforce.--The Secretary, acting through the 
Commandant--
            ``(1) shall designate a sufficient number of positions to 
        be in the Coast Guard's marine safety workforce to perform 
        vessel inspections and marine casualty investigations; and
            ``(2) shall ensure that a sufficient number of fully 
        qualified officers, members, and civilian employees of the 
        Coast Guard are assigned to those positions.
    ``(b) Career Paths.--The Secretary, acting through the Commandant, 
shall ensure that appropriate career paths for an officer, member, or 
civilian employee of the Coast Guard who wishes to pursue a career in 
marine safety are identified in terms of the education, training, 
experience, and assignments necessary for career progression to the 
most senior marine safety positions. The Secretary shall make available 
published information on such career paths.
    ``(c) Qualifications.--With regard to the marine safety workforce, 
an officer, member, or civilian employee of the Coast Guard assigned as 
a--
            ``(1) marine inspector shall have the training, experience, 
        and qualifications equivalent to that required for a similar 
        position at a classification society recognized by the 
        Secretary under section 3316 of title 46 for the type of 
        vessel, system, or equipment that is inspected;
            ``(2) marine casualty investigator shall have training, 
        experience, and qualifications in investigation, marine 
        casualty reconstruction, evidence collection and preservation, 
        human factors, and documentation using best investigation 
        practices by Federal and non-Federal entities;
            ``(3) marine safety engineer shall have knowledge, skill, 
        and practical experience in--
                    ``(A) the construction and operation of commercial 
                vessels;
                    ``(B) judging the character, strength, stability, 
                and safety qualities of such vessels and their 
                equipment; or
                    ``(C) the qualifications and training of vessel 
                personnel; or
            ``(4) marine inspector inspecting mobile offshore drilling 
        units shall have knowledge, skill, and practical experience 
        in--
                    ``(A) Federal, State, and international law 
                compliance;
                    ``(B) personnel training;
                    ``(C) drilling operations;
                    ``(D) mobile offshore drilling unit and maritime 
                safety;
                    ``(E) the effect of weather on mobile offshore 
                drilling unit safety and operations;
                    ``(F) ship handling and positioning; and
                    ``(G) emergency procedures.
    ``(d) Apprenticeship Requirements.--
            ``(1) In general.--An officer, member, or civilian employee 
        of the Coast Guard in training to become a marine inspector, 
        marine casualty investigator, or a marine safety engineer shall 
        serve a minimum of one-year apprenticeship, unless otherwise 
        directed by the Commandant, under the guidance of a qualified 
        marine inspector (including an inspector of mobile offshore 
        drilling units), marine casualty investigator, or marine safety 
        engineer. The Commandant may authorize shorter apprenticeship 
        periods for certain qualifications, as appropriate.
            ``(2) Highly specialized vessels.--
                    ``(A) In general.--In addition to the requirement 
                under paragraph (1), any officer, member, or employee 
                of the Coast Guard assigned as a marine inspector or 
                marine casualty investigator with responsibility for 
                inspecting or responding to casualties involving highly 
                specialized vessels must have served a minimum of 6 
                months apprenticeship with those vessels.
                    ``(B) Highly specialized vessels defined.--In this 
                paragraph the term `highly specialized vessel' includes 
                mobile offshore drilling units, tank vessels, and 
                vessels carrying certain dangerous cargoes as defined 
                by the Commandant.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``99. Marine safety workforce.''.

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

    (a) Licenses for Masters of Mobile Offshore Drilling Units.--
            (1) In general.--Chapter 71 of title 46, United States 
        Code, is amended by redesignating sections 7104 through 7114 as 
        sections 7105 through 7115, respectively, and by inserting 
        after section 7103 the following:
``Sec. 7104. Licenses for masters of mobile offshore drilling units
    ``A license as master of a mobile offshore drilling unit may be 
issued only to an applicant who has been issued a license as master 
under section 7101(c)(1) and has demonstrated the knowledge, 
understanding, proficiency, and sea service required to be responsible 
for all industrial business or functions of a mobile offshore drilling 
unit, including all drilling operations of that type of unit for which 
the applicant is to be licensed.''.
            (2) Conforming amendment.--Section 7109 of such title, as 
        so redesignated, is amended by striking ``section 7106 or 
        7107'' and inserting ``section 7107 or 7108''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by striking the items 
        relating to sections 7104 through 7114 and inserting the 
        following:

``7104. Licenses for masters of mobile offshore drilling units.
``7105. Certificates for medical doctors and nurses.
``7106. Oaths.
``7107. Duration of licenses.
``7108. Duration of certificates of registry.
``7109. Termination of licenses and certificates of registry.
``7110. Review of criminal records.
``7111. Exhibiting licenses.
``7112. Oral examinations for licenses.
``7113. Licenses of masters or mates as pilots.
``7114. Exemption from draft.
``7115. Fees.''.
    (b) Requirement for Certificate of Inspection.--Section 8101(a)(2) 
of title 46, United States Code, is amended by inserting before the 
semicolon the following: ``and shall at all times be under the command 
of a master licensed under section 7104''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 6 months after the date of the enactment of this Act.

SEC. 16. LEAVE RETENTION AUTHORITY.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
    ``(a) In General.--A duty assignment for an active duty member of 
the Coast Guard in support of a declaration of a major disaster or 
emergency by the President under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to 
a spill of national significance shall be treated, for the purpose of 
section 701(f)(2) of title 10, as a duty assignment in support of a 
contingency operation.
    ``(b) Definitions.--In this section:
            ``(1) Spill of national significance.--The term `spill of 
        national significance' means a discharge of oil or a hazardous 
        substance that is declared by the Commandant to be a spill of 
        national significance.
            ``(2) Discharge.--The term `discharge' has the meaning 
        given that term in section 1001 of the Oil Pollution Act of 
        1990 (33 U.S.C. 2701).''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 425 the following:

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

SEC. 17. SINGLE-HULL TANKERS.

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

SEC. 18. REPEAL OF RESPONSE PLAN WAIVER.

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

SEC. 19. NATIONAL CONTINGENCY PLAN.

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

SEC. 20. TRACKING DATABASE.

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

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

    (a) In General.--Chapter 601 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 60138. Safety of transportation-related offshore platforms
    ``(a) In General.--The Secretary of Transportation shall conduct an 
analysis of the adequacy of existing regulations and standards for the 
safety of transportation-related offshore platforms and the impact of 
the integrity of such platforms on pipeline safety.
    ``(b) Consultation.--In carrying out subsection (a), the Secretary 
may consult with any agency, organization, or person with expertise in 
the design, construction, testing, operation, or maintenance of 
offshore platforms.
    ``(c) Report to Congress.--Not later than 24 months after the date 
of enactment of this section, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report describing the results of the 
analysis conducted under subsection (a). The report shall include any 
recommendations the Secretary may have for addressing the safety or 
integrity of transportation-related offshore platforms, including any 
recommendations for legislative or regulatory action.
    ``(d) Transportation-Related Offshore Platform Defined.--In this 
section, the term `transportation-related offshore platform' means any 
platform--
            ``(1) located beyond the shoreline of the United States in 
        State or Federal waters;
            ``(2) used for transporting gas or hazardous liquid; and
            ``(3) the design, construction, testing, operation, 
        maintenance, and security of which is not regulated by another 
        Federal agency.
    ``(e) Limitation.--Nothing in this section applies to a production 
facility.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

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

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

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

SEC. 23. IMPLEMENTATION OF OIL SPILL PREVENTION AND RESPONSE 
              AUTHORITIES.

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

SEC. 24. DISASTER DAMAGE NOTIFICATION AND ASSESSMENT.

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

SEC. 25. IMPACTS TO INDIAN TRIBES.

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

SEC. 26. NATIONAL COMMISSION STUDY OF FEDERAL MANAGEMENT AND OVERSIGHT 
              OF OFFSHORE DRILLING.

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

SEC. 27. FEDERAL ENFORCEMENT ACTIONS.

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

SEC. 28. TIME REQUIRED BEFORE ELECTING TO PROCEED WITH JUDICIAL CLAIM 
              OR AGAINST THE FUND.

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

SEC. 29. REPORT ON FORMER COAST GUARD OFFICIALS EMPLOYED BY RECOGNIZED 
              ORGANIZATIONS OF FOREIGN FLAG ADMINISTRATIONS.

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

SEC. 30. AUTHORIZED LEVEL OF COAST GUARD PERSONNEL.

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

SEC. 31. CLARIFICATION OF MEMORANDUMS OF UNDERSTANDING.

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

SEC. 32. AUTHORIZATION OF APPROPRIATIONS.

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