II 

Calendar No. 518 

111TH CONGRESS 

2D SESSION S. 3305 

[Report No. 111–249] 

To amend the Oil Pollution Act of 1990 to require oil polluters to pay 

the full cost of oil spills, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2010 

Mr. MENENDEZ (for himself, Mr. NELSON of Florida, Mr. LAUTENBERG, Mr. 

CARDIN, Mr. SCHUMER, Mr. WHITEHOUSE, Mr. SANDERS, Mr. BROWN

of Ohio, Mrs. GILLIBRAND, Mr. KAUFMAN, Mrs. MURRAY, Mr. REED, 

Ms. KLOBUCHAR, Mrs. FEINSTEIN, Mr. MERKLEY, Ms. STABENOW, Mr. 

FEINGOLD, Mr. DURBIN, Mrs. SHAHEEN, Mr. CASEY, Mr. LEAHY, Mr. 

HARKIN, Mr. FRANKEN, and Ms. MIKULSKI) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

AUGUST 5, 2010 

Reported by Mrs. BOXER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Oil Pollution Act of 1990 to require oil polluters to pay the full cost of oil spills, and for other 

purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Big Oil Bailout Pre3 vention Liability Act of 2010’’. 

4 SEC. 2. LIMITS ON LIABILITY FOR OFFSHORE FACILITIES. 

5 Section 1004(a)(3) of the Oil Pollution Act of 1990 

6 (33 U.S.C. 2704(a)(3)) is amended by striking 

7 ‘‘$75,000,000’’ and inserting ‘‘$10,000,000,000’’. 

8 SEC. 3. EFFECTIVE DATE. 

9 This Act and the amendments made by this Act take 

10 effect on April 15, 2010. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Big Oil Bailout Preven13 tion Unlimited Liability Act of 2010’’. 

14 SEC. 2. REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE 

15 FACILITIES. 

16 (a) IN GENERAL.—Section 1004(a)(3) of the Oil Pollu17 tion Act of 1990 (33 U.S.C. 2704(a)(3)) is amended by 

18 striking ‘‘plus $75,000,000’’ and inserting ‘‘and the liabil19 ity of the responsible party under section 1002’’. 

20 (b) EFFECTIVE DATE.—The amendment made by this 

21 section takes effect on April 15, 2010. 

22 SEC. 3. CLAIMS PROCEDURE. 

23 Section 1013(c)(2) of the Oil Pollution Act of 1990 (33 

24 U.S.C. 2713(c)(2)) is amended by striking ‘‘settled by any 

25 person by payment within 90 days’’ and inserting ‘‘settled 

26 in whole by any person by payment within 30 days’’. 


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1 SEC. 4. OIL AND HAZARDOUS SUBSTANCE RESPONSE PLAN2 NING. 

3 (a) NATIONAL RESPONSE SYSTEM.—Section 311(j)(5) 

4 of the Federal Water Pollution Control Act (33 U.S.C. 

5 1321(j)(5)) is amended— 

6 (1) in subparagraph (A), by adding at the end 

7 the following: 

8 ‘‘(iii) The President shall ensure that 

9 the regulations promulgated pursuant to 

10 this paragraph are designed to prevent, to 

11 the maximum extent practicable, injury to 

12 the economy, jobs, and the environment, in13 cluding to prevent— 

14 ‘‘(I) loss of, destruction of, or in15 jury to, real or personal property; 

16 ‘‘(II) loss of subsistence use of nat17 ural resources; 

18 ‘‘(III) loss of revenue; 

19 ‘‘(IV) loss of profits or earning ca20 pacity; 

21 ‘‘(V) an increase in the cost of 

22 providing public services to remove a 

23 discharge; and 

24 ‘‘(VI) loss of, destruction of, or in25 jury to, natural resources. 


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1 ‘‘(iv) The President shall promulgate 

2 regulations that clarify the requirements of 

3 a response plan in accordance with sub4 paragraph (D).’’; 

5 (2) by striking subparagraph (D) and inserting 

6 the following: 

7 ‘‘(D) A response plan required under this 

8 paragraph shall— 

9 ‘‘(i) be consistent with the requirements 

10 of the National Contingency Plan and Area 

11 Contingency Plans; 

12 ‘‘(ii) identify the qualified individual 

13 having full authority to implement removal 

14 actions, and require immediate communica15 tions between that individual and the ap16 propriate Federal official and the persons 

17 providing personnel and equipment pursu18 ant to clause (iii); 

19 ‘‘(iii) identify, and ensure by contract 

20 or other means approved by the President 

21 the availability of, private personnel and 

22 equipment in the quantities necessary, 

23 staged and available in the appropriate re24 gion to respond immediately to and sustain 


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1 the response effort for as long as nec2 essary— 

3 ‘‘(I) to remove, to the maximum 

4 extent practicable, a worst-case dis5 charge (including a discharge resulting 

6 from fire or an explosion); 

7 ‘‘(II) to mitigate damage from a 

8 discharge; and 

9 ‘‘(III) to prevent or reduce a sub10 stantial threat of such a discharge; 

11 ‘‘(iv) demonstrate the financial capa12 bility to pay for removal costs and dam13 ages; 

14 ‘‘(v) describe the training, equipment 

15 testing, periodic unannounced drills, and 

16 response actions of persons on the vessel or 

17 at the facility, to be carried out under the 

18 plan to ensure the safety of the vessel or fa19 cility and to meet the requirements of this 

20 subparagraph; 

21 ‘‘(vi) describe the environmental effects 

22 of the response plan methodologies and 

23 equipment; 

24 ‘‘(vii) describe the process for commu25 nication and coordination with Federal, 


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1 State, and local agencies before, during, and 

2 after a response to a discharge; 

3 ‘‘(viii) identify performance standards 

4 for the quantity of oil or hazardous sub5 stance that will be removed under the re6 sponse plan immediately following the dis7 charge and at regular, identified periods, 

8 including provisions for reporting the de9 gree to which actual removal meets the re10 quired performance standards; 

11 ‘‘(ix) in the case of oil production, 

12 drilling, and workover facilities, describe 

13 the specific measures to be used in response 

14 to a blowout or other event involving loss of 

15 well control; 

16 ‘‘(x) identify potential economic and 

17 ecological impacts of a worst-case discharge 

18 and response activities to prevent or miti19 gate, to the maximum extent practicable, 

20 those impacts in the event of a discharge; 

21 ‘‘(xi) be updated periodically; and 

22 ‘‘(xii) be resubmitted for approval of 

23 each significant change.’’; and 

24 (3) in subparagraph (E), by striking clauses (i) 

25 through (v) and inserting the following: 


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1 ‘‘(i) require notice of the proposed re2 sponse plan to be published in the Federal 

3 Register and provide for a public comment 

4 period for the plan of at least 30 days; 

5 ‘‘(ii) promptly review the response 

6 plan; 

7 ‘‘(iii) require amendments to any plan 

8 that does not meet the requirements of this 

9 paragraph; 

10 ‘‘(iv) approve any plan only after find11 ing, based on evidence in the record, that— 

12 ‘‘(I) the response plan meets the 

13 requirements of subparagraph (D); 

14 ‘‘(II) there have been 1 or more 

15 field tests of the plan in the area in 

16 which the tank vessel, nontank vessel, 

17 or facility is proposed to operate, and 

18 the results of that field testing are pub19 licly available; 

20 ‘‘(III) the methods and equipment 

21 proposed to be used under the response 

22 plan are demonstrated to be techno23 logically feasible in the area and under 

24 the conditions (including the depth of a 

25 well, in the case of an offshore facility) 


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1 in which the tank vessel, nontank ves2 sel, or facility is proposed to operate; 

3 ‘‘(IV) the available scientific in4 formation about the area allows for 

5 identification of potential impacts to 

6 ecological areas and protection of those 

7 areas in the event of a discharge, in8 cluding adequate surveys of wildlife; 

9 and 

10 ‘‘(V) the response plan describes 

11 the quantity of oil likely to be removed 

12 in the event of a worst-case discharge; 

13 ‘‘(v) obtain the written concurrence of 

14 such other agencies as the President deter15 mines to be appropriate; 

16 ‘‘(vi) review each plan periodically 

17 thereafter; and 

18 ‘‘(vii) in the case of a plan for a 

19 nontank vessel, consider any applicable 

20 State-mandated response plan in effect on 

21 August 9, 2004, and ensure consistency to 

22 the maximum extent practicable.’’. 

23 (b) DEFINITIONS.—Section 311(a)(24)(B) of the Fed24 eral Water Pollution Control Act (33 U.S.C. 

25 1321(a)(24)(B)) is amended by inserting ‘‘, including from 


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1 an unanticipated and uncontrolled blowout or other loss of 

2 well control,’’ after ‘‘foreseeable discharge’’. 

3 SEC. 5. REPORTS. 

4 Not later than 180 days after the date of enactment 

5 of this Act and every 90 days thereafter until all claims 

6 resulting from the blowout and explosion of the mobile off7 shore drilling unit Deepwater Horizon that occurred April 

8 20, 2010, and resulting hydrocarbon releases into the envi9 ronment, have been paid, the administrator of the fund de10 scribed in paragraph (1) shall submit to Congress a report 

11 that describes— 

12 (1) the status of the compensation fund estab13 lished by British Petroleum Company to pay claims 

14 resulting from the blowout and explosion; and 

15 (2) each claim that has been paid from that 

16 fund. 

Amend the title so as to read: ‘‘A bill to amend the 

Oil Pollution Act of 1990 and the Federal Water Pollution Control Act to require oil polluters to pay the full 

cost of oil spills, and for other purposes.’’. 


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Calendar No. 518 

111TH CONGRESS 

2D SESSION S. 3305 

[Report No. 111–249] 

A BILL 

To amend the Oil Pollution Act of 1990 to require 

for other purposes. oil polluters to pay the full cost of oil spills, and 

AUGUST 5, 2010 

Reported with an amendment 


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