I 

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. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Oil Spill Accountability and Environmental Protection 

6 Act of 2010’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 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. 


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

2 LIABILITY. 

3 (a) IN GENERAL.—Section 1004 of the Oil Pollution 

4 Act of 1990 (33 U.S.C. 2704) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (2)— 

7 (i) by striking ‘‘$800,000,,’’ and in8 serting ‘‘$800,000,’’; and 

9 (ii) by adding ‘‘and’’ after the semi10 colon at the end; 

11 (B) by striking paragraph (3); and 

12 (C) by redesignating paragraph (4) as 

13 paragraph (3); 

14 (2) in subsection (b)(2) by striking the second 

15 sentence; and 

16 (3) by striking subsection (d)(4) and inserting 

17 the following: 

18 ‘‘(4) ADJUSTMENT OF LIMITS ON LIABILITY.— 

19 Not later than 3 years after the date of enactment 

20 of the Oil Spill Accountability and Environmental 

21 Protection Act of 2010, and at least once every 3 

22 years thereafter, the President shall review the limits 

23 on liability specified in subsection (a) and shall by 

24 regulation revise such limits upward to reflect either 

25 the amount of liability that the President determines 

26 is commensurate with the risk of discharge of oil 


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1 presented by a particular category of vessel or any 

2 increase in the Consumer Price Index, whichever is 

3 greater.’’. 

4 (b) APPLICATION.—The repeals and amendments 

5 made by this section shall apply to all claims arising from 

6 events or activities occurring on or after April 19, 2010, 

7 including to claims pending on or before the date of enact8 ment of this Act. 

9 SEC. 3. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 

10 OFFSHORE FACILITIES. 

11 (a) MODIFICATION.—Section 1016(c)(1) of the Oil 

12 Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amend13 ed— 

14 (1) in subparagraph (B) by striking ‘‘subpara15 graph (A) is’’ and all that follows before the period 

16 and inserting ‘‘subparagraph (A) is 

17 $1,500,000,000’’; 

18 (2) by striking subparagraph (C) and inserting 

19 the following: 

20 ‘‘(C) GREATER AMOUNT.— 

21 ‘‘(i) SPECIFIC FACILITIES.—If the 

22 President determines that an amount of fi23 nancial responsibility for a responsible 

24 party that is greater than the amount re25 quired by subparagraph (B) is justified 


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1 based on the relative operational, environ2 mental, human health, and other risks 

3 posed by the quantity, quality, or location 

4 of oil that is explored for, drilled for, pro5 duced, or transported by the responsible 

6 party, the evidence of financial responsi7 bility required shall be for an amount de8 termined by the President. 

9 ‘‘(ii) ADJUSTMENT FOR ALL OFF10 SHORE FACILITIES.— 

11 ‘‘(I) IN GENERAL.—Not later 

12 than 3 years after the date of enact13 ment of the Oil Spill Accountability 

14 and Environmental Protection Act of 

15 2010, and at least once every 3 years 

16 thereafter, the President shall review 

17 the level of financial responsibility 

18 specified in subparagraph (B) and 

19 may by regulation revise such level 

20 upwards to a level that the President 

21 determines is justified based on the 

22 relative operational, environmental, 

23 human health, and other risks posed 

24 by the quantity, quality, or location of 

25 oil that is explored for, drilled for, 


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1 produced, or transported by the re2 sponsible party. 

3 ‘‘(II) NOTICE TO CONGRESS.— 

4 Upon completion of a review specified 

5 in subclause (I), the President shall 

6 notify Congress as to whether the 

7 President will revise the levels of fi8 nancial responsibility and the factors 

9 for making such determination.’’; and 

10 (3) by striking subparagraph (E). 

11 (b) APPLICATION; TRANSITION PERIOD.— 

12 (1) IN GENERAL.—The amendments made by 

13 this section shall take effect on the date of enact14 ment of this Act and shall apply to any lease for ex15 ploration, development, or production of minerals, as 

16 defined by the Outer Continental Shelf Lands Act 

17 (43 U.S.C. 1331 et seq.), that the Secretary of the 

18 Interior awards after the date of enactment of this 

19 Act. 

20 (2) TRANSITION PERIOD.—Notwithstanding 

21 paragraph (1), not later than 6 months after the 

22 date of enactment of this Act, the President shall re23 quire any person who holds, on the date of enact24 ment of this Act, a lease for exploration, develop25 ment, or production of minerals, as defined by the 


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1 Outer Continental Shelf Lands Act (43 U.S.C. 1331 

2 et seq.), located in the navigable waters, adjoining 

3 shoreline, or the exclusive economic zone of the 

4 United States to provide evidence of financial re5 sponsibility consistent with the amendments made 

6 by this section. 

7 SEC. 4. DAMAGES TO HUMAN HEALTH. 

8 (a) IN GENERAL.—Section 1002(b)(2) of the Oil Pol9 lution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by 

10 adding at the end the following: 

11 ‘‘(G) HUMAN HEALTH.—Damages to 

12 human health, including fatal injuries, which 

13 shall be recoverable by any claimant who has a 

14 demonstrable, adverse impact to human health 

15 or, in the case of a fatal injury to an individual, 

16 a claimant filing a claim on behalf of such indi17 vidual.’’. 

18 (b) APPLICATION.—The amendment made by sub19 section (a) shall apply to all claims arising from events 

20 or activities occurring on or after April 19, 2010, includ21 ing such claims pending on or before the date of enact22 ment of this Act. 


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1 SEC. 5. CLARIFICATION OF LIABILITY FOR DISCHARGES 

2 FROM MOBILE OFFSHORE DRILLING UNITS. 

3 (a) IN GENERAL.—Section 1004(b)(2) of the Oil Pol4 lution Act of 1990 (33 U.S.C. 2704(b)(2)) is amended— 

5 (1) by striking ‘‘from any incident described in 

6 paragraph (1)’’ and inserting ‘‘from any discharge of 

7 oil, or substantial threat of a discharge of oil, into 

8 or upon the water’’; and 

9 (2) by striking ‘‘liable’’ and inserting ‘‘liable as 

10 described in paragraph (1)’’. 

11 (b) APPLICATION.—The amendments made by sub12 section (a) shall apply to all claims arising from events 

13 or activities occurring on or after April 19, 2010, includ14 ing such claims pending on or before the date of enact15 ment of this Act. 

16 SEC. 6. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT. 

17 Section 1006(e)(2) of the Oil Pollution Act of 1990 

18 (33 U.S.C. 2706(e)(2)) is amended— 

19 (1) in the heading by striking ‘‘REBUTTABLE

20 PRESUMPTION’’ and inserting ‘‘JUDICIAL REVIEW OF

21 ASSESSMENTS’’; and 

22 (2) by striking ‘‘have the force and effect’’ and 

23 all that follows before the period and inserting the 

24 following: ‘‘be subject to judicial review under sub25 chapter II of chapter 5 of title 5, United States 

26 Code, (commonly known as the Administrative ProVerDate Mar 15 2010 00:28 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5629.IH H5629

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1 cedure Act) on the basis of the administrative record 

2 developed by the lead Federal trustee as provided in 

3 such regulations’’. 

4 SEC. 7. INFORMATION ON CLAIMS. 

5 (a) IN GENERAL.—Title I of the Oil Pollution Act 

6 of 1990 (33 U.S.C. 2701 et seq.) is amended by inserting 

7 after section 1013 the following: 

8 ‘‘SEC. 1013A. INFORMATION ON CLAIMS. 

9 ‘‘In the event of a spill of national significance, the 

10 President may require a responsible party or a guarantor 

11 of a source designated under section 1014(a) to provide 

12 to the President any information on or related to claims, 

13 either individually, in the aggregate, or both, that the 

14 President requests, including— 

15 ‘‘(1) the transaction date or dates of such 

16 claims, including processing times; and 

17 ‘‘(2) any other data pertaining to such claims 

18 necessary to ensure the performance of the respon19 sible party or the guarantor with regard to the proc20 essing and adjudication of such claims.’’. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents contained in section 2 of such Act is amended by 

23 inserting after the item relating to section 1013 the fol24 lowing: 

‘‘Sec. 1013A. Information on claims.’’. 


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1 (c) APPLICATION.—The amendments made by this 

2 section shall apply to all claims arising from events or ac3 tivities occurring on or after April 19, 2010, including 

4 such claims pending on or before the date of enactment 

5 of this Act. 

6 SEC. 8. LIMITATION OF LIABILITY ACT. 

7 (a) REPEAL.—Chapter 305 of title 46, United States 

8 Code, is amended— 

9 (1) by repealing sections 30505, 30506, 30507, 

10 30511, and 30512; and 

11 (2) by redesignating sections 30508 through 

12 30510 as sections 30505 through 30507, respec13 tively. 

14 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

15 (1) OIL POLLUTION ACT OF 1990.—Section 

16 1018 of the Oil Pollution Act of 1990 (33 U.S.C. 

17 2718) is amended— 

18 (A) in subsection (a), by striking ‘‘or the 

19 Act of March 3, 1851’’; and 

20 (B) in subsection (c), by striking ‘‘, the 

21 Act of March 3, 1851 (46 U.S.C. 183 et 

22 seq.),’’. 

23 (2) TITLE 46.—Section 14305(a) of title 46, 

24 United States Code, is amended by striking paraVerDate Mar 15 2010 00:28 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5629.IH H5629

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1 graph (5) and redesignating the subsequent para2 graphs as paragraphs (5) through (14), respectively. 

3 (3) CLERICAL AMENDMENT.—The analysis at 

4 the beginning of chapter 305 of title 46, United 

5 States Code, is amended by striking the items relat6 ing to sections 30505 through 30512 and inserting 

7 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.’’. 

8 (c) APPLICATION.—The repeals and amendments 

9 made by this section shall apply to all claims arising from 

10 events or activities occurring on or after April 19, 2010, 

11 including to claims pending on or before the date of enact12 ment of this Act. 

13 SEC. 9. DEATH ON THE HIGH SEAS ACT. 

14 (a) IN GENERAL.—The Death on the High Seas Act 

15 (chapter 303 of title 46, United States Code), is amend16 ed— 

17 (1) in section 30302— 

18 (A) by inserting ‘‘or law’’ after ‘‘admi19 ralty’’; and 

20 (B) by striking the last sentence and in21 serting ‘‘The action shall be for the exclusive 

22 benefit of the survivors, including the dece23 dent’s spouse, parent, child, or dependent rel24 atives.’’; 


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1 (2) in section 30303— 

2 (A) by inserting ‘‘and nonpecuniary loss’’ 

3 after ‘‘pecuniary loss’’; 

4 (B) by striking ‘‘by’’ and all that follows 

5 through the end, and inserting ‘‘, plus a fair 

6 compensation for the decedent’s pain and suf7 fering.’’; and 

8 (C) by adding at the end the following: ‘‘In 

9 this section, the term ‘nonpecuniary loss’ means 

10 losses authorized under general maritime law 

11 including loss of care, comfort, and companion12 ship.’’; 

13 (3) in section 30305 by inserting ‘‘or law’’ after 

14 ‘‘admiralty’’; 

15 (4) in section 30306, by inserting ‘‘or law’’ 

16 after ‘‘admiralty’’; 

17 (5) by striking section 30307; and 

18 (6) in the table of sections at the beginning of 

19 such chapter, by striking the item relating to sec20 tions 30307. 

21 (b) APPLICATION.—The amendments made by sub22 section (a) shall apply to all claims arising from events 

23 or activities occurring on or after April 19, 2010, includ24 ing such claims pending on or before the date of enact25 ment of this Act. 


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1 SEC. 10. JONES ACT. 

2 (a) IN GENERAL.—Section 30104 of title 46, United 

3 States Code, is amended— 

4 (1) in the second sentence, by striking ‘‘Laws’’ 

5 and inserting ‘‘Except as provided in subsection (b), 

6 laws’’; 

7 (2) by inserting ‘‘(a) IN GENERAL.—’’ before 

8 the first sentence; and 

9 (3) by adding at the end the following: 

10 ‘‘(b) NONPECUNIARY LOSSES FOR DEATH.—In addi11 tion to other amounts authorized by law, the recovery for 

12 a seaman who dies may also include nonpecuniary losses 

13 that are authorized under general maritime law, such as 

14 the loss of care, comfort, and companionship.’’. 

15 (b) APPLICATION.—The amendments made by sub16 section (a) shall apply to all claims arising from events 

17 or activities occurring on or after April 19, 2010, includ18 ing such claims pending on or before the date of enact19 ment of this Act. 

20 SEC. 11. AMERICANIZATION OF OFFSHORE OPERATIONS IN 

21 THE EXCLUSIVE ECONOMIC ZONE. 

22 (a) REGISTRY ENDORSEMENT REQUIRED.— 

23 (1) IN GENERAL.—Section 12111 of title 46, 

24 United States Code, is amended by adding at the 

25 end the following: 


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1 ‘‘(e) RESOURCE ACTIVITIES IN THE EEZ.—Except 

2 for activities requiring an endorsement under sections 

3 12112 or 12113, only a vessel for which a certificate of 

4 documentation with a registry endorsement is issued and 

5 that is owned by a citizen of the United States (as deter6 mined under section 50501(d)) may engage in support of 

7 exploration, development, or production of resources in, 

8 on, above, or below the exclusive economic zone or any 

9 other activity in the exclusive economic zone to the extent 

10 that the regulation of such activity is not prohibited under 

11 customary international law.’’. 

12 (2) APPLICATION.—The amendment made by 

13 paragraph (1) applies only with respect to explo14 ration, development, production, and support activi15 ties that commence on or after July 1, 2011. 

16 (b) LEGAL AUTHORITY.—Section 2301 of title 46, 

17 United States Code, is amended— 

18 (1) by striking ‘‘chapter’’ and inserting ‘‘title’’; 

19 and 

20 (2) by inserting after ‘‘1988’’ the following: 

21 ‘‘and the exclusive economic zone to the extent that 

22 the regulation of such operation is not prohibited 

23 under customary international law’’. 

24 (c) TRAINING FOR COAST GUARD PERSONNEL.—Not 

25 later than 180 days after the date of enactment of this 


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1 Act, the Secretary of the department in which the Coast 

2 Guard is operating shall establish a program to provide 

3 Coast Guard personnel with the training necessary for the 

4 implementation of the amendments made by this section. 

5 SEC. 12. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFF6 SHORE DRILLING UNITS. 

7 Section 3203 of title 46 United States Code, is 

8 amended— 

9 (1) by redesignating subsection (b) as sub10 section (c); and 

11 (2) by inserting after subsection (a) the fol12 lowing: 

13 ‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The 

14 safety management system described in subsection (a) for 

15 a mobile offshore drilling unit operating in waters subject 

16 to the jurisdiction of the United States (including the ex17 clusive economic zone) shall include processes, procedures, 

18 and policies related to the safe operation and maintenance 

19 of the machinery and systems on board the unit that are 

20 used for the industrial business and functions of the unit, 

21 including drilling operations.’’. 

22 SEC. 13. SAFETY STANDARDS FOR MOBILE OFFSHORE 

23 DRILLING UNITS. 

24 Section 3306 of title 46, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(k) In prescribing regulations for mobile offshore 

2 drilling units, the Secretary shall develop standards to ad3 dress a worst-case event involving a discharge as that term 

4 is defined in section 1001 of the Oil Pollution Act of 1990 

5 (33 U.S.C. 2701)’’. 

6 SEC. 14. COAST GUARD MARINE SAFETY WORKFORCE. 

7 (a) IN GENERAL.—Chapter 5 of title 14, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 99. Marine safety workforce 

11 ‘‘(a) MARINE SAFETY WORKFORCE.—The Secretary, 

12 acting through the Commandant— 

13 ‘‘(1) shall designate a sufficient number of posi14 tions to be in the Coast Guard’s marine safety work15 force to perform vessel inspections and marine cas16 ualty investigations; and 

17 ‘‘(2) shall ensure that a sufficient number of 

18 fully qualified officers, members, and civilian em19 ployees of the Coast Guard are assigned to those po20 sitions. 

21 ‘‘(b) CAREER PATHS.—The Secretary, acting 

22 through the Commandant, shall ensure that appropriate 

23 career paths for an officer, member, or civilian employee 

24 of the Coast Guard who wishes to pursue a career in ma25 rine safety are identified in terms of the education, trainVerDate Mar 15 2010 00:28 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5629.IH H5629

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1 ing, experience, and assignments necessary for career pro2 gression to the most senior marine safety positions. The 

3 Secretary shall make available published information on 

4 such career paths. 

5 ‘‘(c) QUALIFICATIONS.—With regard to the marine 

6 safety workforce, an officer, member, or civilian employee 

7 of the Coast Guard assigned as a— 

8 ‘‘(1) marine inspector shall have the training, 

9 experience, and qualifications equivalent to that re10 quired for a similar position at a classification soci11 ety recognized by the Secretary under section 3316 

12 of title 46 for the type of vessel, system, or equip13 ment that is inspected; 

14 ‘‘(2) marine casualty investigator shall have 

15 training, experience, and qualifications in investiga16 tion, marine casualty reconstruction, evidence collec17 tion and preservation, human factors, and docu18 mentation using best investigation practices by Fed19 eral and non-Federal entities; 

20 ‘‘(3) marine safety engineer shall have knowl21 edge, skill, and practical experience in— 

22 ‘‘(A) the construction and operation of 

23 commercial vessels; 


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1 ‘‘(B) judging the character, strength, sta2 bility, and safety qualities of such vessels and 

3 their equipment; or 

4 ‘‘(C) the qualifications and training of ves5 sel personnel; or 

6 ‘‘(4) marine inspector inspecting mobile off7 shore drilling units shall have knowledge, skill, and 

8 practical experience in— 

9 ‘‘(A) Federal, State, and international law 

10 compliance; 

11 ‘‘(B) personnel training; 

12 ‘‘(C) drilling operations; 

13 ‘‘(D) mobile offshore drilling unit and mar14 itime safety; 

15 ‘‘(E) the effect of weather on mobile off16 shore drilling unit safety and operations; 

17 ‘‘(F) ship handling and positioning; and 

18 ‘‘(G) emergency procedures. 

19 ‘‘(d) APPRENTICESHIP REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—An officer, member, or ci21 vilian employee of the Coast Guard in training to be22 come a marine inspector, marine casualty investi23 gator, or a marine safety engineer shall serve a min24 imum of one-year apprenticeship, unless otherwise 

25 directed by the Commandant, under the guidance of 


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1 a qualified marine inspector (including an inspector 

2 of mobile offshore drilling units), marine casualty in3 vestigator, or marine safety engineer. The Com4 mandant may authorize shorter apprenticeship peri5 ods for certain qualifications, as appropriate. 

6 ‘‘(2) HIGHLY SPECIALIZED VESSELS.— 

7 ‘‘(A) IN GENERAL.—In addition to the re8 quirement under paragraph (1), any officer, 

9 member, or employee of the Coast Guard as10 signed as a marine inspector or marine casualty 

11 investigator with responsibility for inspecting or 

12 responding to casualties involving highly spe13 cialized vessels must have served a minimum of 

14 6 months apprenticeship with those vessels. 

15 ‘‘(B) HIGHLY SPECIALIZED VESSELS DE16 FINED.—In this paragraph the term ‘highly 

17 specialized vessel’ includes mobile offshore drill18 ing units, tank vessels, and vessels carrying cer19 tain dangerous cargoes as defined by the Com20 mandant.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended by adding 

23 at the end the following: 

‘‘99. Marine safety workforce.’’. 


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1 SEC. 15. OPERATIONAL CONTROL OF MOBILE OFFSHORE 

2 DRILLING UNITS. 

3 (a) LICENSES FOR MASTERS OF MOBILE OFFSHORE

4 DRILLING UNITS.— 

5 (1) IN GENERAL.—Chapter 71 of title 46, 

6 United States Code, is amended by redesignating 

7 sections 7104 through 7114 as sections 7105 

8 through 7115, respectively, and by inserting after 

9 section 7103 the following: 

10 ‘‘§ 7104. Licenses for masters of mobile offshore drill11 ing units 

12 ‘‘A license as master of a mobile offshore drilling unit 

13 may be issued only to an applicant who has been issued 

14 a license as master under section 7101(c)(1) and has dem15 onstrated the knowledge, understanding, proficiency, and 

16 sea service required to be responsible for all industrial 

17 business or functions of a mobile offshore drilling unit, 

18 including all drilling operations of that type of unit for 

19 which the applicant is to be licensed.’’. 

20 (2) CONFORMING AMENDMENT.—Section 7109 

21 of such title, as so redesignated, is amended by 

22 striking ‘‘section 7106 or 7107’’ and inserting ‘‘sec23 tion 7107 or 7108’’. 

24 (3) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of such chapter is amended 


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1 by striking the items relating to sections 7104 

2 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.’’. 

3 (b) REQUIREMENT FOR CERTIFICATE OF INSPEC4 TION.—Section 8101(a)(2) of title 46, United States 

5 Code, is amended by inserting before the semicolon the 

6 following: ‘‘and shall at all times be under the command 

7 of a master licensed under section 7104’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect 6 months after the date of 

10 the enactment of this Act. 

11 SEC. 16. LEAVE RETENTION AUTHORITY. 

12 (a) IN GENERAL.—Chapter 11 of title 14, United 

13 States Code, is amended by inserting after section 425 the 

14 following: 

15 ‘‘§ 426. Emergency leave retention authority 

16 ‘‘(a) IN GENERAL.—A duty assignment for an active 

17 duty member of the Coast Guard in support of a declara18 tion of a major disaster or emergency by the President 

19 under the Robert T. Stafford Disaster Relief and Emer20 gency Assistance Act (42 U.S.C. 5121 et seq.) or in reVerDate Mar 15 2010 00:28 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5629.IH H5629

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1 sponse to a spill of national significance shall be treated, 

2 for the purpose of section 701(f)(2) of title 10, as a duty 

3 assignment in support of a contingency operation. 

4 ‘‘(b) DEFINITIONS.—In this section: 

5 ‘‘(1) SPILL OF NATIONAL SIGNIFICANCE.—The 

6 term ‘spill of national significance’ means a dis7 charge of oil or a hazardous substance that is de8 clared by the Commandant to be a spill of national 

9 significance. 

10 ‘‘(2) DISCHARGE.—The term ‘discharge’ has 

11 the meaning given that term in section 1001 of the 

12 Oil Pollution Act of 1990 (33 U.S.C. 2701).’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for such 

14 chapter is amended by inserting after the item relating 

15 to section 425 the following: 

‘‘426. Emergency leave retention authority.’’. 

16 SEC. 17. SINGLE-HULL TANKERS. 

17 (a) APPLICATION OF TANK VESSEL CONSTRUCTION

18 STANDARDS.—Section 3703a(b) of title 46, United States 

19 Code, is amended by striking paragraph (3), and redesig20 nating paragraphs (4) through (6) as paragraphs (3) 

21 through (5), respectively. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) takes effect on January 1, 2011. 


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1 SEC. 18. REPEAL OF RESPONSE PLAN WAIVER. 

2 Section 311(j)(5)(G) of the Federal Water Pollution 

3 Control Act (33 U.S.C. 1321(j)(5)(G)) is amended— 

4 (1) by striking ‘‘a tank vessel, nontank vessel, 

5 offshore facility, or onshore facility’’ and inserting 

6 ‘‘a nontank vessel’’; 

7 (2) by striking ‘‘tank vessel, nontank vessel, or 

8 facility’’ and inserting ‘‘nontank vessel’’; and 

9 (3) by adding at the end the following: ‘‘A mo10 bile offshore drilling unit, as such term is defined in 

11 section 1001 of the Oil Pollution Act of 1990 (33 

12 U.S.C. 2701), is not eligible to operate without a re13 sponse plan approved under this section.’’. 

14 SEC. 19. NATIONAL CONTINGENCY PLAN. 

15 Section 311(d) of the Federal Water Pollution Con16 trol Act (33 U.S.C. 1321(d)) is amended by adding at the 

17 end the following: 

18 ‘‘(5) SCHEDULE FOR USE OF DISPERSANTS, 

19 OTHER CHEMICALS, AND OTHER SPILL MITIGATING

20 DEVICES AND SUBSTANCES.— 

21 ‘‘(A) RULEMAKING.—Not later than 15 

22 months after the date of enactment of this 

23 paragraph, the President, acting through the 

24 Administrator, after providing notice and an 

25 opportunity for public comment, shall issue a 

26 revised regulation for the development of the 


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1 schedule for the use of dispersants, other 

2 chemicals, and other spill mitigating devices 

3 and substances developed under paragraph 

4 (2)(G) in a manner that is consistent with the 

5 requirements of this paragraph and shall mod6 ify the existing schedule to take into account 

7 the requirements of the revised regulation. 

8 ‘‘(B) SCHEDULE LISTING REQUIRE9 MENTS.—In issuing the regulation under sub10 paragraph (A), the Administrator shall— 

11 ‘‘(i) with respect to dispersants, other 

12 chemicals, and other spill mitigating sub13 stances included or proposed to be included 

14 on the schedule under paragraph (2)(G)— 

15 ‘‘(I) establish minimum toxicity 

16 and efficacy testing criteria, taking 

17 into account the results of the study 

18 carried out under subparagraph (C); 

19 ‘‘(II) provide for testing or other 

20 verification (independent from the in21 formation provided by an applicant 

22 seeking the inclusion of such dispers23 ant, chemical, or substance on the 

24 schedule) related to the toxicity and 


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1 effectiveness of such dispersant, chem2 ical, or substance; 

3 ‘‘(III) establish a framework for 

4 the application of any such dispersant, 

5 chemical, or substance, including— 

6 ‘‘(aa) quantity restrictions 

7 or application conditions; 

8 ‘‘(bb) the quantity thresh9 olds for which consultation with 

10 and approval by the Regional Re11 sponse Team and the Federal 

12 On-Scene Coordinator is re13 quired; and 

14 ‘‘(cc) the criteria to be used 

15 to develop the appropriate max16 imum quantity of any such dis17 persant, chemical, or substance 

18 that the Administrator deter19 mines may be used, both on a 

20 daily and cumulative basis; 

21 ‘‘(IV) establish a requirement 

22 that the volume of oil or hazardous 

23 substance discharged, and the volume 

24 and location of any such dispersant, 


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1 chemical, or substance used, be meas2 ured and made publicly available; 

3 ‘‘(V) notwithstanding any other 

4 provision of law, require the public 

5 disclosure of the specific chemical 

6 identity, including the chemical and 

7 common name of any ingredients con8 tained in, and specific chemical for9 mulas or mixtures of, any such dis10 persant, chemical, or substance; and 

11 ‘‘(VI) in addition to existing au12 thority, expressly provide a mecha13 nism for the delisting of any such dis14 persant, chemical, or substance based 

15 on any information made available to 

16 the Administrator that demonstrates 

17 that such dispersant, chemical, or 

18 substance poses a significant risk to 

19 or impact on human health or the en20 vironment; 

21 ‘‘(ii) with respect to a dispersant, 

22 other chemical, and other spill mitigating 

23 substance not specifically identified on the 

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1 persant, chemical, or substance in accord2 ance with paragraph (2)(G), establish— 

3 ‘‘(I) the minimum toxicity and 

4 efficacy levels for such dispersant, 

5 chemical, or substance; 

6 ‘‘(II) the information, including 

7 the specific chemical identity, formula, 

8 and mixtures, on such dispersant, 

9 other chemical, or other spill miti10 gating substance that shall be made 

11 publicly available; and 

12 ‘‘(III) such additional informa13 tion as the Administrator determines 

14 necessary; and 

15 ‘‘(iii) with respect to other spill miti16 gating devices included or proposed to be 

17 included on the schedule under paragraph 

18 (2)(G)— 

19 ‘‘(I) require the manufacturer of 

20 such device to carry out a study of the 

21 risks and effectiveness of the device 

22 according to guidelines developed and 

23 published by the Administrator; and 

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1 nism for the delisting of any such de2 vice based on any information made 

3 available to the Administrator that 

4 demonstrates that such device poses a 

5 significant risk to or impact on 

6 human health or the environment. 

7 ‘‘(C) STUDY.— 

8 ‘‘(i) IN GENERAL.—Not later than 3 

9 months after the date of enactment of this 

10 paragraph, the Administrator shall initiate 

11 a study of the potential risks and impacts 

12 to human health and the environment, in13 cluding acute and chronic risks, from the 

14 use of dispersants, other chemicals, and 

15 other spill mitigating substances, if any, 

16 that may be used to carry out the National 

17 Contingency Plan, including an assessment 

18 of such risks and impacts— 

19 ‘‘(I) on a representative sample 

20 of biota and types of oil from loca21 tions where such dispersants, chemi22 cals, or substances may potentially be 

23 used; 

24 ‘‘(II) on human health, including 

25 individuals most likely to come into 


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1 contact with such dispersants, chemi2 cals, or substances, such as oil spill 

3 response action workers; and 

4 ‘‘(III) that result from any by5 products created from the use of such 

6 dispersants, chemicals, or substances. 

7 ‘‘(ii) INFORMATION FROM MANUFAC8 TURERS.— 

9 ‘‘(I) IN GENERAL.—In conjunc10 tion with the study authorized by 

11 clause (i), the Administrator shall de12 termine the requirements for manu13 facturers of dispersants, chemicals, or 

14 substances to evaluate the potential 

15 risks and impacts to human health 

16 and the environment, including acute 

17 and chronic risks, associated with the 

18 use of the dispersants, chemicals, or 

19 substances and any byproducts gen20 erated by such use and to provide the 

21 details of such evaluation as a condi22 tion for listing on the schedule accord23 ing to guidelines developed and pub24 lished by the Administrator. 


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1 ‘‘(II) MINIMUM REQUIREMENTS

2 FOR EVALUATION.—Any evaluation 

3 carried out by a manufacturer under 

4 this clause shall include— 

5 ‘‘(aa) information on the oils 

6 and locations where such 

7 dispersants, chemicals, or sub8 stances may potentially be used; 

9 ‘‘(bb) an evaluation of the 

10 variety of different dispersants, 

11 chemicals, or substances that 

12 may be used in a response; and 

13 ‘‘(cc) an assessment of ap14 plication and impacts from 

15 subsea use of the dispersant, 

16 chemical, or substance, including 

17 the potential long term effects of 

18 such use. 

19 ‘‘(D) PERIODIC REVISIONS.— 

20 ‘‘(i) IN GENERAL.—Not later than 5 

21 years after the date of the issuance of the 

22 regulation under this paragraph, and at 

23 least once every 5 years thereafter, the Ad24 ministrator shall review the schedule for 

25 the use of dispersants, other chemicals, 


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1 and other spill mitigating devices and sub2 stances that may be used to carry out the 

3 National Contingency Plan and update or 

4 revise the schedule, as necessary, to ensure 

5 the protection of human health and the en6 vironment. 

7 ‘‘(ii) EFFECTIVENESS.—The Adminis8 trator shall ensure, to the maximum extent 

9 practicable, that each update or revision to 

10 the schedule increases the minimum effec11 tiveness value necessary for listing a dis12 persant, other chemical, or other spill miti13 gating device or substance on the schedule. 

14 ‘‘(E) APPROVAL OF USE AND APPLICATION

15 OF DISPERSANTS.— 

16 ‘‘(i) IN GENERAL.—In issuing the reg17 ulation under subparagraph (A), the Ad18 ministrator shall require the approval of 

19 the Federal On-Scene Coordinator, in co20 ordination with the Administrator, for all 

21 uses of a dispersant, other chemical, or 

22 other spill mitigating substance in any re23 moval action, including— 

24 ‘‘(I) any such dispersant, chem25 ical, or substance that is included on 


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1 the schedule developed pursuant to 

2 this subsection; or 

3 ‘‘(II) any dispersant, chemical, or 

4 other substance that is included as 

5 part an approved area contingency 

6 plan or response plan developed under 

7 this section. 

8 ‘‘(ii) REPEAL.—Any part of section 

9 300.910 of title 40, Code of Federal Regu10 lations, that is inconsistent with this para11 graph is hereby repealed. 

12 ‘‘(6) REVIEW OF AND DEVELOPMENT OF CRI13 TERIA FOR EVALUATING RESPONSE PLANS.— 

14 ‘‘(A) REVIEW.—Not later than 6 months 

15 after the date of enactment of this paragraph, 

16 the President shall review the procedures and 

17 standards developed under paragraph (2)(J) to 

18 determine their sufficiency in ceasing and re19 moving a worst case discharge of oil or haz20 ardous substances, and for mitigating or pre21 venting a substantial threat of such a dis22 charge. 

23 ‘‘(B) RULEMAKING.—Not later than 1 

24 year after the date of enactment of this para25 graph, the President, after providing notice and 


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1 an opportunity for public comment, shall under2 take a rulemaking to— 

3 ‘‘(i) revise the procedures and stand4 ards for ceasing and removing a worst case 

5 discharge of oil or hazardous substances, 

6 and for mitigating or preventing a substan7 tial threat of such a discharge; and 

8 ‘‘(ii) develop a metric for evaluating 

9 the National Contingency Plan, Area Con10 tingency Plans, and Tank Vessel, Nontank 

11 Vessel, and Facility Response Plans con12 sistent with the procedures and standards 

13 developed pursuant to this paragraph.’’. 

14 SEC. 20. TRACKING DATABASE. 

15 Section 311(b) of the Federal Water Pollution Con16 trol Act (33 U.S.C. 1321(b)) is amended by adding at the 

17 end the following: 

18 ‘‘(13) TRACKING DATABASE.— 

19 ‘‘(A) IN GENERAL.—The President shall 

20 create a database to track all discharges of oil 

21 or hazardous substances— 

22 ‘‘(i) into the waters of the United 

23 States, adjoining shorelines, or into or 

24 upon the waters of the contiguous zone; 


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1 ‘‘(ii) in connection with activities 

2 under the Outer Continental Shelf Lands 

3 Act (43 U.S.C. 1331 et seq.) or the Deep4 water Port Act of 1974 (33 U.S.C. 1501 

5 et seq.); or 

6 ‘‘(iii) which may affect natural re7 sources belonging to, appertaining to, or 

8 under the exclusive management authority 

9 of the United States (including resources 

10 under the Fishery Conservation and Man11 agement Act of 1976 (16 U.S.C. 1801 et 

12 seq.)). 

13 ‘‘(B) REQUIREMENTS.—The database 

14 shall— 

15 ‘‘(i) include— 

16 ‘‘(I) the name of the vessel or fa17 cility; 

18 ‘‘(II) the name of the owner, op19 erator, or person in charge of the ves20 sel or facility; 

21 ‘‘(III) the date of the discharge; 

22 ‘‘(IV) the volume of the dis23 charge; 

24 ‘‘(V) the location of the dis25 charge, including an identification of 


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1 any receiving waters that are or could 

2 be affected by the discharge; 

3 ‘‘(VI) a record of any determina4 tion of a violation of this section or 

5 section 1002 of the Oil Pollution Act 

6 of 1990 (33 U.S.C. 2702); 

7 ‘‘(VII) a record of any adminis8 trative or enforcement action taken 

9 against the owner, operator, or person 

10 in charge; and 

11 ‘‘(VIII) any additional informa12 tion that the President determines 

13 necessary; 

14 ‘‘(ii) use data provided by the Envi15 ronmental Protection Agency, the Coast 

16 Guard, the Pipeline and Hazardous Mate17 rials Safety Administration, and other ap18 propriate Federal agencies; 

19 ‘‘(iii) use data protocols developed and 

20 managed by the Environmental Protection 

21 Agency; and 

22 ‘‘(iv) be publicly accessible, including 

23 by electronic means.’’. 


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1 SEC. 21. SAFETY OF TRANSPORTATION-RELATED OFF2 SHORE PLATFORMS. 

3 (a) IN GENERAL.—Chapter 601 of title 49, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 60138. Safety of transportation-related offshore 

7 platforms 

8 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

9 shall conduct an analysis of the adequacy of existing regu10 lations and standards for the safety of transportation-re11 lated offshore platforms and the impact of the integrity 

12 of such platforms on pipeline safety. 

13 ‘‘(b) CONSULTATION.—In carrying out subsection 

14 (a), the Secretary may consult with any agency, organiza15 tion, or person with expertise in the design, construction, 

16 testing, operation, or maintenance of offshore platforms. 

17 ‘‘(c) REPORT TO CONGRESS.—Not later than 24 

18 months after the date of enactment of this section, the 

19 Secretary shall submit to the Committee on Transpor20 tation and Infrastructure of the House of Representatives 

21 and the Committee on Commerce, Science, and Transpor22 tation of the Senate a report describing the results of the 

23 analysis conducted under subsection (a). The report shall 

24 include any recommendations the Secretary may have for 

25 addressing the safety or integrity of transportation-related 


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1 offshore platforms, including any recommendations for 

2 legislative or regulatory action. 

3 ‘‘(d) TRANSPORTATION-RELATED OFFSHORE PLAT4 FORM DEFINED.—In this section, the term ‘transpor5 tation-related offshore platform’ means any platform— 

6 ‘‘(1) located beyond the shoreline of the United 

7 States in State or Federal waters; 

8 ‘‘(2) used for transporting gas or hazardous liq9 uid; and 

10 ‘‘(3) the design, construction, testing, operation, 

11 maintenance, and security of which is not regulated 

12 by another Federal agency. 

13 ‘‘(e) LIMITATION.—Nothing in this section applies to 

14 a production facility.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for such 

16 chapter is amended by adding at the end the following: 

‘‘60138. Safety of transportation-related offshore platforms.’’. 

17 SEC. 22. EVALUATION AND APPROVAL OF RESPONSE 

18 PLANS; MAXIMUM PENALTIES. 

19 (a) AGENCY REVIEW OF RESPONSE PLANS.— 

20 (1) LEAD FEDERAL AGENCY FOR REVIEW OF

21 RESPONSE PLANS.—Section 311(j)(5)(A) of the Fed22 eral Water Pollution Control Act (33 U.S.C. 

23 1321(j)(5)(A)) is amended by adding at the end the 

24 following: 


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1 ‘‘(iii) In issuing the regulations under this para2 graph, the President shall ensure that— 

3 ‘‘(I) the owner, operator, or person in 

4 charge of a tank vessel, nontank vessel, or off5 shore facility described in subparagraph (C) will 

6 not be considered to have complied with this 

7 paragraph until the owner, operator, or person 

8 in charge submits a plan under clause (i) or 

9 (ii), as appropriate, to the Secretary of the de10 partment in which the Coast Guard is operating 

11 and the Secretary determines and notifies the 

12 owner, operator, or person in charge that the 

13 plan, if implemented, will provide an adequate 

14 response to a worst case discharge of oil or a 

15 hazardous substance or a substantial threat of 

16 such a discharge; and 

17 ‘‘(II) the owner, operator, or person in 

18 charge of an onshore facility described in sub19 paragraph (C)(iv) will not be considered to have 

20 complied with this paragraph until the owner, 

21 operator, or person in charge submits a plan 

22 under clause (i) either to the Secretary of 

23 Transportation, with respect to transportation24 related onshore facilities, or the Administrator, 

25 with respect to all other onshore facilities, and 


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1 the Secretary or Administrator, as appropriate, 

2 determines and notifies the owner, operator, or 

3 person in charge that the plan, if implemented, 

4 will provide an adequate response to a worst5 case discharge of oil or a hazardous substance 

6 or a substantial threat of such a discharge.’’. 

7 (2) REVIEW AND APPROVAL OF RESPONSE

8 PLANS.—Section 311(j)(5)(E) of such Act (33 

9 U.S.C. 1321(j)(5)(E)) is amended to read as follows: 

10 ‘‘(E) With respect to any response plan sub11 mitted under this paragraph for an onshore facility 

12 that, because of its location, could reasonably be ex13 pected to cause significant and substantial harm to 

14 the environment by discharging into or on the navi15 gable waters or adjoining shorelines or the exclusive 

16 economic zone, and with respect to each response 

17 plan submitted under this paragraph for a tank ves18 sel, nontank vessel, or offshore facility, the President 

19 shall— 

20 ‘‘(i) promptly review the response plan; 

21 ‘‘(ii) with respect to a plan for an offshore 

22 or onshore facility, provide an opportunity for 

23 public notice and comment on the response 

24 plan; 


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1 ‘‘(iii) taking into consideration any public 

2 comments received and other appropriate fac3 tors, as determined by the President, require 

4 revisions to the response plan; 

5 ‘‘(iv) approve, approve with revisions, or 

6 disapprove the response plan; 

7 ‘‘(v) review the response plan periodically 

8 thereafter, and if applicable requirements are 

9 not met, acting through the head of the appro10 priate Federal department or agency— 

11 ‘‘(I) issue administrative orders di12 recting the owner, operator, or person in 

13 charge to comply with the response plan or 

14 any regulation issued under this section; or 

15 ‘‘(II) assess civil penalties or conduct 

16 other appropriate enforcement actions in 

17 accordance with subsections (b)(6), (b)(7), 

18 and (b)(8) for failure to develop, submit, 

19 receive approval of, adhere to, or maintain 

20 the capability to implement the response 

21 plan, or failure to comply with any other 

22 requirement of this section; 

23 ‘‘(vi) acting through the head of the appro24 priate Federal department or agency, require, 

25 at a minimum, biennial inspections conducted 


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1 by such agency of the tank vessel, nontank ves2 sel, or facility to ensure compliance with the re3 sponse plan or identify deficiencies in such plan; 

4 ‘‘(vii) acting through the head of the ap5 propriate Federal department or agency, make 

6 the response plan available to the public, includ7 ing on the Internet; and 

8 ‘‘(viii) in the case of a plan for a nontank 

9 vessel, consider any applicable State-mandated 

10 response plan in effect on the date of enactment 

11 of the Coast Guard and Maritime Transpor12 tation Act of 2004 and ensure consistency to 

13 the extent practicable.’’. 

14 (3) BIENNIAL REPORT.—Section 311(j)(5) of 

15 such Act (33 U.S.C. 1321(j)(5)) is amended by add16 ing at the end the following: 

17 ‘‘(J) Not later than 2 years after the date of 

18 enactment of this subparagraph, and biennially 

19 thereafter, the President, acting through the Admin20 istrator, the Secretary of the department in which 

21 the Coast Guard is operating, and the Secretary of 

22 Transportation, shall submit to Congress a report 

23 containing the following information for each owner, 

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1 sponse plan for a tank vessel, nontank vessel, or 

2 other facility under this paragraph: 

3 ‘‘(i) The number of response plans ap4 proved, disapproved, or approved with revisions 

5 under subparagraph (E) annually for tank ves6 sels, nontank vessels, and facilities of the 

7 owner, operator, or person in charge. 

8 ‘‘(ii) The number of inspections conducted 

9 under subparagraph (E) annually for tank ves10 sels, nontank vessels, and facilities of the 

11 owner, operator, or person in charge. 

12 ‘‘(iii) A summary of each administrative or 

13 enforcement action taken with respect each 

14 tank vessel, nontank vessel, and facility of the 

15 owner, operator, or person in charge, including 

16 a description of the violation, the date of viola17 tion, the amount of each penalty proposed, and 

18 the final assessment of each penalty and an ex19 planation for any reduction in a penalty.’’. 

20 (4) ADMINISTRATIVE PROVISIONS FOR FACILI21 TIES.—Section 311(m)(2) of such Act (33 U.S.C. 

22 1321(m)(2)) is amended in each of subparagraphs 

23 (A) and (B) by inserting ‘‘, the Secretary of Trans24 portation,’’ before ‘‘or the Secretary of the depart25 ment in which the Coast Guard is operating’’. 


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1 (b) PENALTIES.— 

2 (1) ADMINISTRATIVE PENALTIES.— 

3 (A) AUTHORITY OF SECRETARY OF TRANS4 PORTATION TO ASSESS PENALTIES.—Section 

5 311(b)(6)(A) of such Act (33 U.S.C. 

6 1321(b)(6)(A)) is amended by inserting ‘‘, the 

7 Secretary of Transportation,’’ before ‘‘or the 

8 Administrator’’. 

9 (B) ADMINISTRATIVE PENALTIES FOR

10 FAILURE TO PROVIDE NOTICE.—Section 

11 311(b)(6)(A) of such Act (33 U.S.C. 

12 1321(b)(6)(A)) is further amended— 

13 (i) in clause (i) by striking ‘‘para14 graph (3), or’’ and inserting ‘‘paragraph 

15 (3),’’; 

16 (ii) in clause (ii) by striking ‘‘any reg17 ulation’’ and inserting ‘‘any order or action 

18 required by the President under sub19 sections (c) or (e) or any regulation’’; 

20 (iii) by redesignating clause (ii) as 

21 clause (iii); 

22 (iv) by inserting after clause (i) the 

23 following: 


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1 ‘‘(ii) who fails to provide notice to the 

2 appropriate Federal agency pursuant to 

3 paragraph (5), or’’; and 

4 (v) by adding at the end the following: 

5 ‘‘Whenever the President delegates the au6 thority to issue regulations under sub7 section (j), the agency that issues regula8 tions pursuant to that authority shall have 

9 the authority to assess a civil penalty in 

10 accordance with this section for violations 

11 of such regulations.’’. 

12 (C) PENALTY AMOUNTS.—Section 

13 311(b)(6)(B) of such Act (33 U.S.C. 

14 1321(b)(6)(B)) is amended— 

15 (i) in clause (i)— 

16 (I) by striking ‘‘$10,000’’ and in17 serting ‘‘100,000’’; and 

18 (II) by striking ‘‘$25,000’’ and 

19 inserting ‘‘$250,000’’; and 

20 (ii) in clause (ii)— 

21 (I) by striking ‘‘$10,000’’ and in22 serting ‘‘$100,000’’; and 

23 (II) by striking ‘‘$125,000’’ and 

24 inserting ‘‘$1,000,000’’. 


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1 (2) CIVIL PENALTIES.—Section 311(b)(7) of 

2 such Act (33 U.S.C. 1321(b)(7)) is amended— 

3 (A) in subparagraph (A)— 

4 (i) by striking ‘‘$25,000’’ and insert5 ing ‘‘$100,000’’; and 

6 (ii) by striking ‘‘$1,000’’ and insert7 ing ‘‘$2,500’’; 

8 (B) in subparagraph (B)— 

9 (i) by striking ‘‘described in subpara10 graph (A)’’; 

11 (ii) in clause (i) by striking ‘‘carry out 

12 removal of the discharge under an order of 

13 the President pursuant to subsection (c); 

14 or’’ and inserting ‘‘comply with any action 

15 required by the President pursuant to sub16 section (c),’’; 

17 (iii) in clause (ii) by striking 

18 ‘‘(1)(B)’’; 

19 (iv) by redesignating clause (ii) as 

20 clause (iii); 

21 (v) by inserting after clause (i) the 

22 following: 

23 ‘‘(ii) fails to provide notice to the ap24 propriate Federal agency pursuant to para25 graph (5), or’’; and 


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1 (vi) by striking ‘‘$25,000’’ and insert2 ing ‘‘$100,000’’; 

3 (C) in subparagraph (C)— 

4 (i) by striking ‘‘$25,000’’ and insert5 ing ‘‘$100,000’’; and 

6 (ii) by adding at the end the fol7 lowing: ‘‘Whenever the President delegates 

8 the authority to issue regulations under 

9 subsection (j), the agency that issues regu10 lations pursuant to that authority shall 

11 have the authority to order injunctive relief 

12 or assess a civil penalty in accordance with 

13 this section for violations of such regula14 tions and the authority to refer the matter 

15 to the Attorney General for action under 

16 subparagraph (E).’’; 

17 (D) in subparagraph (D)— 

18 (i) by striking ‘‘$100,000’’ and insert19 ing ‘‘$1,000,000’’; and 

20 (ii) by striking ‘‘$3,000’’ and insert21 ing ‘‘$7,500’’; and 

22 (E) in subparagraph (E) by adding at the 

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1 manent injunction, civil penalties, compliance 

2 requirements, and punitive damages.’’. 

3 (3) APPLICATION.—The amendments made by 

4 this subsection shall apply to violations occurring on 

5 or after April 19, 2010. 

6 (c) CLARIFICATION OF FEDERAL REMOVAL AUTHOR7 ITY.—Section 311(c)(1)(B)(ii) of such Act (33 U.S.C. 

8 1321(c)(1)(B)(ii)) is amended by striking the term ‘‘mon9 itor all’’ and replace with ‘‘monitor, including through the 

10 use of an administrative order, all’’. 

11 SEC. 23. IMPLEMENTATION OF OIL SPILL PREVENTION AND 

12 RESPONSE AUTHORITIES. 

13 Section 311(l) of the Federal Water Pollution Control 

14 Act (33 U.S.C. 1321(l)) is amended— 

15 (1) by striking ‘‘(l) The President’’ and insert16 ing the following: 

17 ‘‘(l) DELEGATION AND IMPLEMENTATION.— 

18 ‘‘(1) DELEGATION.—The President’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) ENVIRONMENTAL PROTECTION AGENCY.— 

21 ‘‘(A) IN GENERAL.—The President shall 

22 delegate the responsibilities under subparagraph 

23 (B) to the Administrator. 

24 ‘‘(B) RESPONSIBILITIES.—The Adminis25 trator shall ensure that Environmental ProtecVerDate Mar 15 2010 00:28 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H5629.IH H5629

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1 tion Agency personnel develop and maintain 

2 operational capability— 

3 ‘‘(i) for effective inspection, moni4 toring, prevention, preparedness, and re5 sponse authorities related to the discharge 

6 or substantial threat of a discharge of oil 

7 or a hazardous substance; 

8 ‘‘(ii) to protect human health and 

9 safety from impacts of a discharge or sub10 stantial threat of a discharge of oil or a 

11 hazardous substance; 

12 ‘‘(iii) to review and approve of, dis13 approve of, or require revisions (if nec14 essary) to onshore facility response plans 

15 and to carry out all other responsibilities 

16 under subsection (j)(E)(5); and 

17 ‘‘(iv) to protect the environment and 

18 natural resources from impacts of a dis19 charge or substantial threat of a discharge 

20 of oil or a hazardous substance. 

21 ‘‘(3) COAST GUARD.— 

22 ‘‘(A) IN GENERAL.—The President shall 

23 delegate the responsibilities under subparagraph 

24 (B) to the Secretary of the department in which 

25 the Coast Guard is operating. 


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1 ‘‘(B) RESPONSIBILITIES.—The Secretary 

2 shall ensure that Coast Guard personnel de3 velop and maintain operational capability— 

4 ‘‘(i) to establish and enforce regula5 tions and standards for procedures, meth6 ods, equipment, and other requirements to 

7 prevent and to contain a discharge of oil or 

8 a hazardous substance from a tank vessel, 

9 nontank vessel, or offshore facility; 

10 ‘‘(ii) to establish and enforce regula11 tions, and to carry out all other respon12 sibilities, under subsection (j)(5)(A); 

13 ‘‘(iii) to review and approve of, dis14 approve of, or require revisions (if nec15 essary) to tank vessel, nontank vessel, and 

16 offshore facility response plans and to 

17 carry out all other responsibilities under 

18 subsection (j)(5)(E); 

19 ‘‘(iv) for effective inspection, moni20 toring, prevention, preparedness, and re21 sponse authorities related to the discharge 

22 or substantial threat of a discharge of oil 

23 or a hazardous substance from a tank ves24 sel, nontank vessel, or offshore facility; 


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1 ‘‘(v) to protect the public from im2 pacts of a discharge or substantial threat 

3 of a discharge of oil or a hazardous sub4 stance in United States waters; and 

5 ‘‘(vi) to protect the environment and 

6 natural resources from impacts of a dis7 charge or substantial threat of a discharge 

8 of oil or a hazardous substance in United 

9 States waters. 

10 ‘‘(4) DEPARTMENT OF TRANSPORTATION.— 

11 ‘‘(A) IN GENERAL.—The President shall 

12 delegate the responsibilities under subparagraph 

13 (B) to the Secretary of Transportation. 

14 ‘‘(B) RESPONSIBILITIES.—The Secretary 

15 of Transportation shall— 

16 ‘‘(i) establish and enforce regulations 

17 and standards for procedures, methods, 

18 equipment, and other requirements to pre19 vent and to contain discharges of oil and 

20 hazardous substances from transportation21 related onshore facilities; 

22 ‘‘(ii) to review and approve of, dis23 approve of, or require revisions (if nec24 essary) to transportation-related onshore 

25 facility response plans and to carry out all 


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1 other responsibilities under subsection 

2 (j)(5)(E); and 

3 ‘‘(iii) ensure that Department of 

4 Transportation personnel develop and 

5 maintain operational capability— 

6 ‘‘(I) for effective inspection, mon7 itoring, prevention, preparedness, and 

8 response authorities related to the dis9 charge or substantial threat of a dis10 charge of oil or a hazardous substance 

11 from a transportation-related onshore 

12 facility; 

13 ‘‘(II) to protect the public from 

14 the impacts of a discharge or substan15 tial threat of a discharge of oil or a 

16 hazardous substance from a transpor17 tation-related onshore facility; and 

18 ‘‘(III) to protect the environment 

19 and natural resources from the im20 pacts of a discharge or substantial 

21 threat of a discharge of oil or a haz22 ardous substance from a transpor23 tation-related onshore facility.’’. 


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1 SEC. 24. DISASTER DAMAGE NOTIFICATION AND ASSESS2 MENT. 

3 (a) IN GENERAL.—Section 60108 of title 49, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(e) DISASTER DAMAGE NOTIFICATION AND ASSESS7 MENT.— 

8 ‘‘(1) NOTIFICATION REQUIRED.—In the event 

9 of a manmade or natural disaster, the operator of a 

10 pipeline facility in an affected location shall notify 

11 the Secretary not later than 12 hours after the ces12 sation of the disaster, as determined by the Sec13 retary, or an earlier time determined appropriate by 

14 the Secretary, of any changes to the operational sta15 tus of the pipeline facility, including information 

16 concerning physical damages, releases of highly vola17 tile liquid, other hazardous liquid, or gas, disrup18 tions in service, and projected dates for return to 

19 service. 

20 ‘‘(2) PREPARATION OF DAMAGE ASSESS21 MENTS.—Not later than 30 days after the cessation 

22 of a manmade or natural disaster, as determined by 

23 the Secretary, the operator of a pipeline facility in 

24 an affected location shall develop and transmit to 

25 the Secretary a written damage assessment. The 

26 damage assessment, at a minimum, shall— 


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1 ‘‘(A) identify any physical damage to the 

2 pipeline facility and any other credible threat or 

3 hazard to the pipeline facility; 

4 ‘‘(B) assess the extent of any physical 

5 damage to the pipeline facility and any other 

6 credible threat or hazard to the pipeline facility; 

7 ‘‘(C) evaluate the integrity of the pipeline 

8 facility; 

9 ‘‘(D) if necessary, provide a schedule for 

10 repairing or abandoning the pipeline facility; 

11 and 

12 ‘‘(E) meet any other requirements the Sec13 retary determines are appropriate by regulation. 

14 ‘‘(3) ABANDONMENT.—An operator of a pipe15 line facility shall notify the Secretary promptly if the 

16 operator determines that the pipeline facility must 

17 be abandoned as a result of a manmade or natural 

18 disaster. 

19 ‘‘(4) OTHER.—An operator of a pipeline facility 

20 shall retain, and make available to the Secretary on 

21 request, a copy of any report prepared under this 

22 subsection for at least 5 years. 

23 ‘‘(5) DEFINITIONS.—In this subsection, the fol24 lowing definitions apply: 


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1 ‘‘(A) ABANDON.—The term ‘abandon’ 

2 means permanently remove from service. 

3 ‘‘(B) AFFECTED LOCATION.—The term 

4 ‘affected location’ means any area directly or 

5 substantially affected by a manmade or natural 

6 disaster, as determined by the Secretary. 

7 ‘‘(C) MANMADE OR NATURAL DISASTER.— 

8 The term ‘manmade or natural disaster’ means 

9 any hurricane, tornado, tidal wave, tsunami, 

10 earthquake, volcanic eruption, or, regardless of 

11 cause, any fire, flood, or explosion, or any simi12 lar catastrophe in the United States that 

13 causes, or may cause, substantial damage or in14 jury to persons, property, or the environment, 

15 as determined by the Secretary.’’. 

16 (b) REGULATIONS.— 

17 (1) FINAL RULE.—The Secretary of Transpor18 tation shall issue a final rule establishing procedures 

19 to carry out section 60108(e) of title 49, United 

20 States Code, not later than 1 year after the date of 

21 enactment of this Act. 

22 (2) INTERIM GUIDANCE.—For the period begin23 ning on the date of enactment of this Act and end24 ing on the date of issuance of a rule under para25 graph (1), or the date that is 45 days after such 


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1 date of enactment, whichever is earlier, the Sec2 retary shall issue interim guidance to the operator of 

3 a pipeline facility requiring notification of the Sec4 retary and an assessment of pipeline facilities lo5 cated in an affected area in the case of a manmade 

6 or natural disaster. 

7 SEC. 25. IMPACTS TO INDIAN TRIBES. 

8 Section 1002(b)(2) of the Oil Pollution Act of 1990 

9 (33 U.S.C. 2702(b)(2)) is amended— 

10 (1) in subparagraph (D) by striking ‘‘or a polit11 ical subdivision thereof’’ and inserting ‘‘a political 

12 subdivision of a State, or an Indian tribe’’; and 

13 (2) in subparagraph (F) by striking ‘‘or a polit14 ical subdivision of a State’’ and inserting ‘‘a political 

15 subdivision of a State, or an Indian tribe’’. 

16 SEC. 26. NATIONAL COMMISSION STUDY OF FEDERAL MAN17 AGEMENT AND OVERSIGHT OF OFFSHORE 

18 DRILLING. 

19 (a) IN GENERAL.—The National Commission on the 

20 BP Deepwater Horizon Oil Spill and Offshore Drilling es21 tablished by Executive Order No. 13543 dated May 21, 

22 2010 (in this section referred to as the ‘‘Commission’’), 

23 shall develop recommendations for— 


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1 (1) improvements to Federal laws, regulations, 

2 and industry practices applicable to offshore drilling 

3 that would— 

4 (A) ensure the effective oversight, inspec5 tion, monitoring, and response capabilities; and 

6 (B) protect human health and safety, occu7 pational health and safety, and the environment 

8 and natural resources; and 

9 (2) organizational or other reforms of Federal 

10 agencies or processes, including the creation of new 

11 agencies, as necessary, to ensure that the improve12 ments described in paragraph (1) are implemented 

13 and maintained. 

14 (b) PURPOSES.—In developing recommendations 

15 under subsection (a), the Commission shall ensure that 

16 the following goals are met: 

17 (1) Ensuring the safe operation and mainte18 nance of offshore drilling platforms or vessels. 

19 (2) Protecting the health and safety of workers 

20 on offshore drilling platforms or vessels. 

21 (3) Protecting the overall environment and nat22 ural resources surrounding ongoing and potential 

23 offshore drilling sites. 

24 (4) Protecting the health and safety of workers 

25 that service offshore drilling platforms or vessels. 


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1 (5) Developing and maintaining Federal agency 

2 expertise on the safe and effective use of offshore 

3 drilling technologies, including technologies to mini4 mize the risk of release of oil from offshore drilling 

5 platforms or vessels. 

6 (6) Encouraging the development and imple7 mentation of efficient and effective oil spill response 

8 techniques and technologies that minimize or elimi9 nate any adverse effects on natural resources or the 

10 environment that result from response activities. 

11 (7) Protecting the health and safety of first re12 sponders against releases of oil from offshore drilling 

13 platforms or vessels. 

14 (8) Ensuring that the Federal agencies regu15 lating offshore drilling are staffed with, and man16 aged by, career professionals, who are— 

17 (A) permitted to exercise independent pro18 fessional judgments and make safety the high19 est priority in carrying out their responsibilities; 

20 (B) not subject to undue influence from 

21 regulated interests or political appointees; and 

22 (C) subject to strict regulation to prevent 

23 improper relationships with regulated interests 

24 and to eliminate real or perceived conflicts of 

25 interests. 


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1 (c) REPORT TO CONGRESS.—In coordination with the 

2 final public report to the President, the Commission shall 

3 submit to Congress a report containing the recommenda4 tions developed under subsection (a). 

5 SEC. 27. FEDERAL ENFORCEMENT ACTIONS. 

6 Section 309(g)(6)(A) of the Federal Water Pollution 

7 Control Act (33 U.S.C. 1319(g)(6)(A)) is amended by 

8 striking ‘‘or section 311(b)’’. 

9 SEC. 28. TIME REQUIRED BEFORE ELECTING TO PROCEED 

10 WITH JUDICIAL CLAIM OR AGAINST THE 

11 FUND. 

12 Paragraph (2) of section 1013(c) of the Oil Pollution 

13 Act of 1990 (33 U.S.C. 2713(c)) is amended by striking 

14 ‘‘90’’ and inserting ‘‘45’’. 

15 SEC. 29. REPORT ON FORMER COAST GUARD OFFICIALS 

16 EMPLOYED BY RECOGNIZED ORGANIZATIONS 

17 OF FOREIGN FLAG ADMINISTRATIONS. 

18 (a) REPORT REQUIRED.—Not later than 1 year after 

19 the date of enactment of this Act and annually thereafter, 

20 the Comptroller General of the United States shall submit 

21 a report to the Committee on Transportation and Infra22 structure of the House of Representatives and the Com23 mittee on Commerce, Science, and Transportation of the 

24 Senate on the employment during the preceding year of 

25 individuals who were Coast Guard officials in the previous 


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1 5-year period, by recognized organizations contracted to 

2 administer maritime programs for foreign flag administra3 tions. 

4 (b) OBJECTIVES OF REPORT.—At a minimum, the 

5 report required by this section shall assess the extent to 

6 which former Coast Guard officials who received com7 pensation from recognized organizations were assigned to 

8 work on matters over which the former Coast Guard offi9 cials had oversight, inspection responsibility, or decision10 making authority when the officials served in or worked 

11 for the Coast Guard. The report shall assess the extent 

12 to which former Coast Guard officials were provided com13 pensation by recognized organizations and the positions 

14 held by former Coast Guard officials in the preceding cal15 endar year. 

16 (c) CONFIDENTIALITY REQUIREMENT.—The report 

17 required by this subsection shall not include the names 

18 of the former Coast Guard officials who received com19 pensation from recognized organizations. 

20 (d) ACCESS TO INFORMATION.—The Comptroller 

21 General may seek agreements with recognized organiza22 tions to obtain access to information for the purpose of 

23 preparing reports required by this section. 

24 (e) DEFINITIONS.—In this section: 


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1 (1) FOREIGN FLAG ADMINISTRATION.—The 

2 term ‘‘foreign flag administration’’ means the mari3 time administration, maritime agency, or similar 

4 governmental organization of a country other than 

5 the United States that maintains a register of ves6 sels and performs some or all of the following statu7 tory functions with respect to maritime programs: 

8 (A) Issues certificates of registry and man9 ning certificates. 

10 (B) Conducts or contracts with recognized 

11 organizations to conduct safety inspections. 

12 (C) Issues radio station licenses. 

13 (D) Certifies maritime officers and unli14 censed seamen and conducts inquiries into 

15 charges of incompetence or misconduct. 

16 (E) Regulates the construction, equipment, 

17 and operation of vessels under its flag. 

18 (F) Monitors vessels’ compliance with 

19 international and national standards for marine 

20 safety, pollution prevention, and security. 

21 (G) Investigates marine casualties. 

22 (2) RECOGNIZED ORGANIZATION.—The term 

23 ‘‘recognized organization’’ means an organization, 

24 such as a classification society or a corporation, to 

25 which a foreign flag administration has delegated 


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1 some or all of its statutory functions with respect to 

2 maritime programs. 

3 (3) COAST GUARD OFFICIAL.—The term ‘‘Coast 

4 Guard official’’ includes former Coast Guard offi5 cers, enlisted personnel, or civilian employees who 

6 had responsibilities for— 

7 (A) issuing certificates of registry and 

8 manning certificates; 

9 (B) safety inspections; 

10 (C) certification of maritime officers and 

11 unlicensed seamen; 

12 (D) conducting inquiries into charges of 

13 incompetence or misconduct of maritime offi14 cers and unlicensed seamen; 

15 (E) regulation of the construction, equip16 ment, and operation of vessels; 

17 (F) monitoring vessels’ compliance with 

18 international and national standards for marine 

19 safety, pollution prevention, and security; or 

20 (G) investigating marine casualties. 

21 SEC. 30. AUTHORIZED LEVEL OF COAST GUARD PER22 SONNEL. 

23 The Coast Guard is authorized an end-of-year 

24 strength for active duty personnel of 47,300 for fiscal year 

25 2011, of which at least 300 personnel shall be assigned 


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1 to implement the activities of the Coast Guard under this 

2 Act, including the amendments made by this Act. 

3 SEC. 31. CLARIFICATION OF MEMORANDUMS OF UNDER4 STANDING. 

5 Not later than September 30, 2011, the President 

6 (acting through the head of the appropriate Federal de7 partment or agency) shall implement or revise, as appro8 priate, memorandums of understanding to clarify the roles 

9 and jurisdictional responsibilities of the Environmental 

10 Protection Agency, the Coast Guard, the Department of 

11 Transportation, and other Federal agencies relating to the 

12 prevention of oil discharges from tank vessels, nontank 

13 vessels, and facilities subject to the Oil Pollution Act of 

14 1990. 

15 SEC. 32. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) COAST GUARD.—In addition to amounts made 

17 available pursuant to section 1012(a)(5)(A) of the Oil Pol18 lution Act of 1990 (33 U.S.C. 2712(a)(5)(A)), there is au19 thorized to be appropriated to the Secretary of the depart20 ment in which the Coast Guard is operating from the Oil 

21 Spill Liability Trust Fund established by section 9509 of 

22 the Internal Revenue Code of 1986 (26 U.S.C. 9509) the 

23 following: 

24 (1) For fiscal year 2011, $15,000,000. 


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1 (2) For each of fiscal years 2012 through 2015, 

2 $16,000,000. 

3 (b) ENVIRONMENTAL PROTECTION AGENCY.—There 

4 is authorized to be appropriated to the Administrator of 

5 the Environmental Protection Agency from the Oil Spill 

6 Liability Trust Fund to implement this Act and the 

7 amendments made by this Act $10,000,000 for each of 

8 fiscal years 2011 through 2015. 

9 (c) DEPARTMENT OF TRANSPORTATION.—There is 

10 authorized to be appropriated to the Secretary of Trans11 portation from the Oil Spill Liability Trust Fund to carry 

12 out the purposes of this Act and the amendments made 

13 by this Act the following: 

14 (1) For each of fiscal years 2011 through 2013, 

15 $7,000,000. 

16 (2) For each of fiscal years 2014 and 2015, 

17 $6,000,000. 

Æ 


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