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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3410 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 410
111th CONGRESS
  2d Session
                                S. 3410

To create a fair and efficient system to resolve claims of victims for 
economic injury caused by the Deepwater Horizon incident, and to direct 
  the Secretary of the Interior to renegotiate the terms of the lease 
known as ``Mississippi Canyon 252'' with respect to claims relating to 
  the Deepwater Horizon explosion and oil spill that exceed existing 
               applicable economic liability limitations.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2010

 Mr. Vitter (for himself, Ms. Murkowski, Mr. LeMieux, and Mr. Isakson) 
      introduced the following bill; which was read the first time

                              May 26, 2010

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
To create a fair and efficient system to resolve claims of victims for 
economic injury caused by the Deepwater Horizon incident, and to direct 
  the Secretary of the Interior to renegotiate the terms of the lease 
known as ``Mississippi Canyon 252'' with respect to claims relating to 
  the Deepwater Horizon explosion and oil spill that exceed existing 
               applicable economic liability limitations.

    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 ``Acceptance of 
Liability and Expedited Claims at Mississippi Canyon 252 Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--DEEPWATER HORIZON CLAIMS RESOLUTION

Sec. 101. Findings and purpose.
Sec. 102. Definitions.
      Subtitle A--Office of Deepwater Horizon Claims Compensation

Sec. 111. Establishment of Office of Deepwater Horizon Claims 
                            Compensation.
Sec. 112. Claimant assistance.
Sec. 113. Compensation program startup.
Sec. 114. Authority of Administrator.
Sec. 115. Advisory Committee on Deepwater Horizon Compensation.
         Subtitle B--Deepwater Horizon Compensation Procedures

Sec. 121. Essential elements of eligible claim.
Sec. 122. General rule concerning no-fault compensation.
Sec. 123. Filing of claims.
Sec. 124. Eligibility determinations and claim awards.
                           Subtitle C--Awards

Sec. 131. Amount.
Sec. 132. Payment.
Sec. 133. Setoffs for collateral source compensation and prior awards.
Sec. 134. Subrogation.
                      Subtitle D--Judicial Review

Sec. 141. Judicial review of rules and regulations.
Sec. 142. Judicial review of award decisions.
Sec. 143. Other judicial challenges.
                    Subtitle E--Effect on Other Laws

Sec. 151. Effect on other laws.
                          TITLE II--LIABILITY

Sec. 201. Liability for Deepwater Horizon oil spill.

              TITLE I--DEEPWATER HORIZON CLAIMS RESOLUTION

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the oil spill resulting from the Deepwater Horizon 
        incident has caused major economic damage to the residents of 
        the States bordering the Gulf of Mexico;
            (2) the limits on strict liability imposed by the Oil 
        Pollution Act of 1990 (33 U.S.C. 2701 et seq.) will be exceeded 
        by the claims resulting from the Deepwater Horizon incident; 
        and
            (3) while the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
        seq.) places no restrictions on liability for damages from the 
        accident under State law, litigation of such cases may take 
        decades, and consume in litigation expenses funds that could 
        otherwise be used to quickly and efficiently compensate the 
        citizens of the Gulf States for damages resulting from the 
        Deepwater Horizon incident.
    (b) Purpose.--The purpose of this title is to create a fair and 
efficient system for the payment of legitimate present and future 
claims for damages resulting from the Deepwater Horizon incident.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office.
            (2) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee on Deepwater Horizon Compensation 
        established under section 115(a).
            (3) Claim.--The term ``claim'' means any claim, based on 
        any theory, allegation, or cause of action, for damages 
        presented in a civil action or bankruptcy proceeding, directly, 
        indirectly, or derivatively arising out of, based on, or 
        related to, in whole or in part, the effects of the Deepwater 
        Horizon incident.
            (4) Claimant.--The term ``claimant'' means a person or 
        State who files a claim under section 123.
            (5) Civil action.--
                    (A) In general.--The term ``civil action'' means a 
                civil action filed in Federal or State court, whether 
                cognizable as a case at law, in equity, or in 
                admiralty.
                    (B) Exclusion.--The term ``civil action'' does not 
                include an action relating to any workers' compensation 
                law.
            (6) Collateral source compensation.--The term ``collateral 
        source compensation'' means the compensation that a claimant 
        received, or is entitled to receive, from a responsible party 
        as a result of a final judgment, settlement, or other payment 
        for damages that are the source of a claim under section 123, 
        including payments made under the Oil Pollution Act of 1990 (33 
        U.S.C. 2701 et seq.).
            (7) Compensation program.--The term ``compensation 
        program'' means the compensation program established under this 
        title.
            (8) Damages.--The term ``damages'' means damages specified 
        in section 131(b), including the cost of assessing those 
        damages.
            (9) Deepwater horizon incident.--The term ``Deepwater 
        Horizon incident'' means the blowout and explosion of the 
        Deepwater Horizon oil rig that occurred on April 20, 2010, and 
        resulting hydrocarbon releases into the environment.
            (10) Department.--The term ``Department'' means the 
        Department of the Interior.
            (11) Fund.--The term ``Fund'' means the Oil Spill Liability 
        Trust Fund established by section 9509 of the Internal Revenue 
        Code of 1986.
            (12) Law.--The term ``law'' includes all law, judicial or 
        administrative decisions, rules, regulations, or any other 
        principle or action having the effect of law.
            (13) Office.--The term ``Office'' means the Office of 
        Deepwater Horizon Claims Compensation established under section 
        111.
            (14) Parties.--The term ``parties'' means, with respect to 
        an individual claim, the claimant and the responsible party.
            (15) Person.--
                    (A) In general.--The term ``person'' means an 
                individual, trust, firm, joint stock company, 
                partnership, association, insurance company, 
                reinsurance company, or corporation.
                    (B) Exclusions.--The term ``person'' does not 
                include--
                            (i) the United States;
                            (ii) a State; or
                            (iii) a political subdivision of a State.
            (16) Responsible party.--The term ``responsible party'' 
        means a responsible party (as defined in section 1001 of the 
        Oil Pollution Act of 1990 (33 U.S.C. 2701)) for the Deepwater 
        Horizon incident.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (18) State.--The term ``State'' means
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau; and
                    (J) the United States Virgin Islands..
            (19) Successor in interest.--The term ``successor in 
        interest'' means any person that acquires assets, and 
        substantially continues the business operations, of a 
        responsible party, considering factors that include--
                    (A) retention of the same facilities or location;
                    (B) retention of the same employees;
                    (C) maintaining the same job under the same working 
                conditions;
                    (D) retention of the same supervisory personnel;
                    (E) continuity of assets;
                    (F) production of the same product or offer of the 
                same service;
                    (G) retention of the same name;
                    (H) maintenance of the same customer base;
                    (I) identity of stocks, stockholders, and directors 
                between the asset seller and the purchaser; or
                    (J) whether the successor holds itself out as 
                continuation of previous enterprise, but expressly does 
                not include whether the person actually knew of the 
                liability of the responsible party under this title.

      Subtitle A--Office of Deepwater Horizon Claims Compensation

SEC. 111. ESTABLISHMENT OF OFFICE OF DEEPWATER HORIZON CLAIMS 
              COMPENSATION.

    (a) In General.--
            (1) Establishment.--There is established within the 
        Department the Office of Deepwater Horizon Claims Compensation, 
        which shall be headed by the Administrator.
            (2) Purpose.--The purpose of the Office shall be to provide 
        timely, fair compensation, under the terms specified in this 
        title, on a no-fault basis and in a nonadversarial manner, to 
        persons and State or local governments that have incurred 
        damages as a result of the Deepwater Horizon incident.
            (3) Termination of the office.--The Office shall terminate 
        effective not later than 1 year following the date of 
        certification by the Administrator that the Fund has neither 
        paid a claim in the previous 1-year period nor has debt 
        obligations remaining to pay.
            (4) Expenses.--The Fund shall be available to the Secretary 
        for expenditure, without further appropriation and without 
        fiscal year limitation, as necessary for any and all expenses 
        associated with the Office, including--
                    (A) personnel salaries and expenses, including 
                retirement and similar benefits; and
                    (B) all administrative and legal expenses.
    (b) Appointment of Administrator.--
            (1) In general.--The Administrator of the Office shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Term.--The term of the Administrator shall be 5 years.
            (3) Reporting.--The Administrator shall report directly to 
        the Assistant Secretary for Policy, Management, and Budget of 
        the Department.
    (c) Duties of Administrator.--
            (1) In general.--The Administrator shall be responsible 
        for--
                    (A) processing claims for compensation for damages 
                to eligible claimants in accordance with the criteria 
                and procedures established under subtitle B;
                    (B) appointing or contracting for the services of 
                such personnel, making such expenditures, and taking 
                any other actions as may be necessary to carry out the 
                responsibilities of the Office, including entering into 
                cooperative agreements with other Federal or State 
                agencies and entering into contracts with 
                nongovernmental entities;
                    (C) conducting such audits and additional oversight 
                as necessary to assure the integrity of the 
                compensation program;
                    (D) promulgating such rules, regulations, and 
                procedures as may be necessary to carry out this title;
                    (E) making such expenditures as may be necessary in 
                carrying out this title;
                    (F) excluding evidence and disqualifying or 
                debarring any attorney or other individual or entity 
                who provide evidence in support of the application of 
                the claimant for compensation if the Administrator 
                determines that materially false, fraudulent, or 
                fictitious statements or practices have been submitted 
                or engaged in by the individual or entity; and
                    (G) having all other powers incidental, necessary, 
                or appropriate to carrying out the functions of the 
                Office.
            (2) Certain enforcement.--
                    (A) False statements.--For each infraction 
                described in paragraph (1)(F), the Administrator may 
                impose a civil penalty not to exceed $10,000 on any 
                individual or entity found to have submitted or engaged 
                in a materially false, fraudulent, or fictitious 
                statement or practice under this title.
                    (B) Other powers.--The Administrator shall issue 
                appropriate regulations to carry out paragraph (1)(G).
    (d) Audit and Personnel Review Procedures.--The Administrator shall 
establish audit and personnel review procedures for evaluating the 
accuracy of eligibility recommendations of agency and contract 
personnel.

SEC. 112. CLAIMANT ASSISTANCE.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a 
comprehensive claimant assistance program--
            (1) to publicize and provide information to potential 
        claimants about--
                    (A) the availability of benefits for eligible 
                claimants under this title; and
                    (B) the procedures for filing claims and for 
                obtaining assistance in filing claims;
            (2) to provide assistance to potential claimants in 
        preparing and submitting claims, including assistance in 
        obtaining the documentation necessary to support a claim;
            (3) to respond to inquiries from claimants and potential 
        claimants;
            (4) to provide training with respect to the applicable 
        procedures for the preparation and filing of claims to persons 
        who provide assistance or representation to claimants, 
        including nonprofit organizations and State and local 
        government entities; and
            (5) to provide for the establishment of a website on which 
        claimants may access all relevant forms and information.
    (b) Resource Centers.--
            (1) In general.--The claimant assistance program shall 
        provide for the establishment of resource centers in areas in 
        which there are determined to be large concentrations of 
        potential claimants.
            (2) Location.--The centers shall be located, to the maximum 
        extent practicable, in facilities of the Department or other 
        Federal agencies.
    (c) Attorney's Fees.--
            (1) In general.--Notwithstanding any other provision of 
        law, the representative of an individual may not receive, for 
        services rendered in connection with the claim of an individual 
        under this title, more than 5 percent of a final award made 
        (whether by the Administrator initially or as a result of 
        administrative review) on the claim.
            (2) Penalty.--Any representative of a claimant who violates 
        this subsection shall be fined not more than the greater of--
                    (A) $5,000; or
                    (B) twice the amount received by the representative 
                for services rendered in connection with each 
                violation.

SEC. 113. COMPENSATION PROGRAM STARTUP.

    (a) Interim Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall issue interim 
regulations and procedures for the processing of claims under this 
title.
    (b) Interim Personnel.--
            (1) In general.--The Secretary and the Assistant Secretary 
        for Policy, Management, and Budget of the Department may make 
        available to the Administrator on a temporary basis such 
        personnel and other resources as may be necessary to facilitate 
        the expeditious startup of the compensation program.
            (2) Contracts.--The Administrator may contract with 
        individuals or entities having relevant experience to assist in 
        the expeditious startup of the compensation program.
    (c) Extreme Financial Hardship Claims.--In the final regulations 
promulgated under section 111(c), the Administrator shall designate 
categories of claims to be handled on an expedited basis as a result of 
extreme financial hardship.
    (d) Interim Administrator.--Until an Administrator is appointed and 
confirmed under section 111(b), the responsibilities of the 
Administrator under this title shall be performed by the Assistant 
Secretary for Policy, Management, and Budget of the Department, who 
shall have all the authority conferred by this title on the 
Administrator and who shall be considered to be the Administrator for 
purposes of this title.
    (e) Stay of Claims; Return to Tort System.--
            (1) Stay of claims.--
                    (A) Pending actions.--Notwithstanding any other 
                provision of this title, any claim for damages pending 
                in any Federal or State court for monetary damages 
                related to the Deepwater Horizon incident as of the 
                date of enactment of this Act shall be subject to a 
                stay.
                    (B) Future actions.--Notwithstanding any other 
                provision of this title, any claim for damages filed in 
                any Federal or State court for monetary damages related 
                to the Deepwater Horizon incident after the date of 
                enactment of this Act shall be subject to a stay 60 
                days after the date of the filing of the claim, unless 
                the claimant has filed an election to pursue the claim 
                for damages in the Federal or State court under 
                paragraph (2).
            (2) Claims.--To be eligible for a claim, any person or 
        State that has filed a timely claim seeking a judgment or order 
        for monetary damages related to the Deepwater Horizon incident 
        in any Federal or State court before, on, or after the date of 
        enactment of this Act, shall file with the Administrator and 
        serve on all defendants in the pending court action an election 
        to pursue the claim for damages under this title or continue to 
        pursue the claim in the Federal or State court--
                    (A) not later than 60 days after the date of 
                enactment of this Act, if the claim was filed in a 
                Federal or State court before the date of enactment of 
                this Act; and
                    (B) not later than 60 days after the date of the 
                filing of the claim, if the claim is filed in a Federal 
                or State court on or after the date of enactment of 
                this Act.
            (3) Stay.--Until the claimant files an election under 
        paragraph (2) to continue to pursue the claim in the Federal or 
        State court, the stay under paragraph (1) shall remain in 
        effect.
            (4) Effect of election.--
                    (A) In general.--Any claimant that has elected to 
                pursue a claim for damages in Federal or State court 
                under paragraph (2) shall not be eligible for an award 
                for those damages under section 131.
                    (B) Stay of claim.--Any claim seeking a judgment or 
                order for monetary damages relating to the Deepwater 
                Horizon incident in any Federal or State court filed by 
                a claimant that has received a judgment for damages 
                under this title for that claim shall be permanently 
                stayed.
            (5) Effect of operational or nonoperational fund.--
                    (A) Reinstatement of claims.--If, after 270 days 
                after the date of enactment of this Act, the 
                Administrator cannot certify to Congress that the 
                Office is operational and paying claims at a reasonable 
                rate, each person or State that has filed a claim 
                stayed under this subsection may continue the claims of 
                the person or State in the court in which the case was 
                pending prior to the stay.
                    (B) Operational office.--If the Administrator 
                subsequently certifies to Congress that the Office has 
                become operational and paying all valid claims at a 
                reasonable rate, any claim in a civil action in Federal 
                or State court that is not actually on trial before a 
                jury that has been impaneled and presentation of 
                evidence has commenced, but before deliberation, or 
                before a judge and is at the presentation of evidence, 
                may, at the option of the claimant, be considered a 
                reinstated claim before the Administrator and the civil 
                action before the Federal or State court shall be null 
                and void.
                    (C) Nonoperational office.--Notwithstanding any 
                other provision of this title, if the Administrator 
                certifies to Congress that the Office cannot become 
                operational and paying all valid claims at a reasonable 
                rate, all claims that have a stay may be filed or 
                reinstated.

SEC. 114. AUTHORITY OF ADMINISTRATOR.

    On any matter within the jurisdiction of the Administrator under 
this title, the Administrator may--
            (1) issue subpoenas for and compel the attendance of 
        witnesses within a radius of 200 miles;
            (2) administer oaths;
            (3) examine witnesses;
            (4) require the production of books, papers, documents, and 
        other potential evidence; and
            (5) request assistance from other Federal agencies with the 
        performance of the duties of the Administrator under this 
        title.

SEC. 115. ADVISORY COMMITTEE ON DEEPWATER HORIZON COMPENSATION.

    (a) Establishment.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator shall establish an 
        Advisory Committee on Deepwater Horizon Compensation.
            (2) Composition and appointment.--
                    (A) In general.--The Advisory Committee shall be 
                composed of 24 members, appointed in accordance with 
                this paragraph.
                    (B) Legislative appointments.--
                            (i) In general.--The Majority Leader of the 
                        Senate, the Minority Leader of the Senate, the 
                        Speaker of the House of Representatives, and 
                        the Minority Leader of the House of 
                        Representatives shall each appoint 4 members to 
                        the Advisory Committee.
                            (ii) Representation.--Of the 4 members 
                        appointed by each Member under clause (i)--
                                    (I) 2 members shall represent the 
                                interests of claimants; and
                                    (II) 2 members shall represent the 
                                interests of responsible parties.
                    (C) Appointments by administrator.--The 
                Administrator shall appoint 8 members to the Advisory 
                Committee, who shall be individuals with qualifications 
                and expertise relevant to the compensation program, 
                including experience or expertise in marine or coastal 
                ecology, oil spill remediation, fisheries management, 
                administering compensation programs, or audits.
    (b) Duties.--The Advisory Committee shall advise the Administrator 
on--
            (1) claims filing and claims processing procedures;
            (2) claimant assistance programs;
            (3) audit procedures and programs to ensure the quality and 
        integrity of the compensation program;
            (4) analyses or research that should be conducted to 
        evaluate past claims and to project future claims under the 
        compensation program; and
            (5) such other matters related to the implementation of 
        this title as the Administrator considers appropriate.
    (c) Operation of Committee.--
            (1) Term.--The term of a member of the Advisory Committee 
        shall be 3 years.
            (2) Chairperson and vice chairperson.--The Administrator 
        shall designate a Chairperson and Vice Chairperson of the 
        Advisory Committee from among the members appointed under 
        subsection (a)(2)(C).
            (3) Meetings.--The Advisory Committee shall meet--
                    (A) at the call of the Chairperson or a majority of 
                the members of the Advisory Committee; and
                    (B) at least--
                            (i) 4 times per year during the first 3 
                        years of the compensation program; and
                            (ii) 2 times per year thereafter.
            (4) Information.--
                    (A) In general.--The Administrator shall provide to 
                the Advisory Committee such information as is necessary 
                and appropriate for the Advisory Committee to carry out 
                this section.
                    (B) Other agencies.--
                            (i) In general.--On request of the Advisory 
                        Committee, the Administrator may secure 
                        directly from any Federal, State, or local 
                        department or agency such information as may be 
                        necessary to enable the Advisory Committee to 
                        carry out this section.
                            (ii) Provision of information.--On request 
                        of the Administrator, the head of the 
                        department or agency described in clause (i) 
                        shall furnish such information to the Advisory 
                        Committee.
            (5) Administrative support.--The Administrator shall 
        provide the Advisory Committee with such administrative support 
        as is reasonably necessary to enable the Advisory Committee to 
        carry out this section.
    (d) Expenses.--A member of the Advisory Committee, other than a 
full-time Federal employee, while attending a meeting of the Advisory 
Committee or while otherwise serving at the request of the 
Administrator, and while serving away from the home or regular place of 
business of the member, shall be allowed travel and meal expenses, 
including per diem in lieu of subsistence, as authorized by section 
5703 of title 5, United States Code, for individuals in the Federal 
Government serving without pay.

         Subtitle B--Deepwater Horizon Compensation Procedures

SEC. 121. ESSENTIAL ELEMENTS OF ELIGIBLE CLAIM.

    To be eligible for an award under this title for damages, a 
claimant shall--
            (1) file a claim in a timely manner in accordance with 
        section 123; and
            (2) prove, by a preponderance of the evidence, that the 
        claimant has suffered damages as a result of the Deepwater 
        Horizon incident.

SEC. 122. GENERAL RULE CONCERNING NO-FAULT COMPENSATION.

    To be eligible for an award under this title for damages, a 
claimant shall not be required to demonstrate that the damages for 
which the claim is being made resulted from the negligence or other 
fault of any other person.

SEC. 123. FILING OF CLAIMS.

    (a) Eligible Claimants.--
            (1) In general.--Any person or State that has suffered 
        damage as a result of the Deepwater Horizon incident may file a 
        claim with the Office for an award with respect to the damage.
            (2) Limitation.--A claim may not be filed by any person or 
        State under this title for contribution or indemnity.
    (b) Statute of Limitations.--Except as otherwise provided in this 
subsection, if a person or State fails to file a claim with the Office 
under this section during the 5-year period beginning on the date on 
which the person or State first discovered facts that would have led a 
reasonable person to conclude that damage had occurred, any claim 
relating to the damage, and any other claim related to that damage, 
shall be extinguished, and any recovery on the damage shall be 
prohibited.
    (c) Future Claims Not Precluded.--Filing of a claim under 
subsection (a) shall not preclude the filing of additional claims for 
damages arising from the Deepwater Horizon incident that are manifest 
at a later date.
    (d) Required Information.--A claim filed under subsection (a) shall 
be in such form, and contain such information in such detail, as the 
Administrator shall by regulation prescribe.
    (e) Date of Filing.--A claim shall be considered to be filed on the 
date that the claimant mails the claim to the Office, as determined by 
postmark, or on the date that the claim is received by the Office, 
whichever is the earliest determinable date.
    (f) Incomplete Claims.--
            (1) In general.--If a claim filed under subsection (a) is 
        incomplete, the Administrator shall notify the claimant of the 
        information necessary to complete the claim and inform the 
        claimant of such services as may be available through the 
        claimant assistance program established under section 112 to 
        assist the claimant in completing the claim.
            (2) Time periods.--
                    (A) In general.--Except as provided in subparagraph 
                (B), any time period for the processing of the claim 
                shall be suspended until such time as the claimant 
                submits the information necessary to complete the 
                claim.
                    (B) Deadline.--If the information described in 
                subparagraph (A) is not received during the 1-year 
                period beginning on the date of the notification, the 
                claim shall be dismissed.

SEC. 124. ELIGIBILITY DETERMINATIONS AND CLAIM AWARDS.

    (a) In General.--
            (1) Review of claims.--The Administrator shall, in 
        accordance with this section, determine whether each claim 
        filed satisfies the requirements for eligibility for an award 
        under this title and, if so, the value of the award.
            (2) Factors.--In making a determination under paragraph 
        (1), the Administrator shall consider--
                    (A) the claim presented by the claimant;
                    (B) the factual evidence submitted by the claimant 
                in support of the claim; and
                    (C) the results of such investigation as the 
                Administrator may consider necessary to determine 
                whether the claim satisfies the criteria for 
                eligibility established by this title.
            (3) Additional evidence.--
                    (A) In general.--The Administrator may request the 
                submission of evidence in addition to the minimum 
                requirements of section 123 if necessary to make a 
                determination of eligibility for an award.
                    (B) Cost.--If the Administrator requests additional 
                evidence under subparagraph (A), the cost of obtaining 
                the additional evidence shall be borne by the Office.
    (b) Proposed Decisions.--
            (1) In general.--Not later than 90 days after the date of 
        the filing of a claim, the Administrator shall provide to the 
        parties a proposed decision--
                    (A) accepting or rejecting the claim in whole or in 
                part; and
                    (B) specifying the amount of any proposed award.
            (2) Form.--The proposed decision shall--
                    (A) be in writing;
                    (B) contain findings of fact and conclusions of 
                law; and
                    (C) contain an explanation of the procedure for 
                obtaining review of the proposed decision.
    (c) Review of Proposed Decisions.--
            (1) Right to hearing.--
                    (A) In general.--Any party not satisfied with a 
                proposed decision of the Administrator under subsection 
                (b) shall be entitled, on written request made not 
                later than 90 days after the date of the issuance of 
                the decision, to a hearing on the claim of the claimant 
                before a representative of the Administrator.
                    (B) Testimony.--At the hearing, the party shall be 
                entitled to present oral evidence and written testimony 
                in further support of the claim.
                    (C) Conduct of hearing.--
                            (i) In general.--The hearing shall, to the 
                        maximum extent practicable, be conducted at a 
                        time and place convenient for the claimant.
                            (ii) Administration.--Except as otherwise 
                        provided in this title, in conducting the 
                        hearing, the representative of the 
                        Administrator shall conduct the hearing in a 
                        manner that best determines the rights of the 
                        parties and shall not be bound by--
                                    (I) common law or statutory rules 
                                of evidence;
                                    (II) technical or formal rules of 
                                procedure; or
                                    (III) section 554 of title 5, 
                                United States Code.
                            (iii) Evidence.--For purposes of clause 
                        (ii), the representative of the Administrator 
                        shall receive such relevant evidence as the 
                        claimant adduces and such other evidence as the 
                        representative determines necessary or useful 
                        in evaluating the claim.
                    (D) Request for subpoenas.--
                            (i) In general.--Subject to clause (iv), a 
                        party may request a representative of the 
                        Administrator to issue a subpoena but the 
                        decision to grant or deny the request is within 
                        the discretion of the representative.
                            (ii) Subpoenas.--Subject to clause (iii), 
                        the representative may issue subpoenas for--
                                    (I) the attendance and testimony of 
                                witnesses; and
                                    (II) the production of books, 
                                records, correspondence, papers, or 
                                other relevant documents.
                            (iii) Prerequisites.--Subpoenas may be 
                        issued for documents under this subparagraph 
                        only if --
                                    (I) in the case of documents, the 
                                documents are relevant and cannot be 
                                obtained by other means; and
                                    (II) in the case of witnesses, oral 
                                testimony is the best way to ascertain 
                                the facts.
                            (iv) Request.--
                                    (I) Hearing process.--A party may 
                                request a subpoena under this 
                                subparagraph only as part of the 
                                hearing process.
                                    (II) Form.--To request a subpoena, 
                                the requester shall--
                                            (aa) submit the request in 
                                        writing and send the to the 
                                        representative as early as 
                                        practicable, but not later than 
                                        30 days, after the date of the 
                                        original hearing request; and
                                            (bb) explain why the 
                                        testimony or evidence is 
                                        directly relevant to the issues 
                                        at hand, and a subpoena is the 
                                        best method or opportunity to 
                                        obtain the evidence because 
                                        there are no other means by 
                                        which the documents or 
                                        testimony could have been 
                                        obtained.
                            (v) Fees and mileage.--
                                    (I) In general.--Any person 
                                required by a subpoena to attend as a 
                                witness shall be allowed and paid the 
                                same fees and mileage as are paid 
                                witnesses in the district courts of the 
                                United States.
                                    (II) Fund.--The fees and mileage 
                                shall be paid from the Fund.
            (2) Review of written record.--
                    (A) In general.--Instead of a hearing under 
                paragraph (1), any party not satisfied with a proposed 
                decision of the Administrator shall have the option, on 
                written request made not later than 90 days after the 
                date of the issuance of the decision, of obtaining a 
                review of the written record by a representative of the 
                Administrator.
                    (B) Opportunity to be heard.--If a review is 
                requested under subparagraph (A), the parties shall be 
                afforded an opportunity to submit any written evidence 
                or argument that the claimant believes relevant.
    (d) Final Decisions.--
            (1) In general.--If the period of time for requesting 
        review of the proposed decision expires and no request has been 
        filed, or if the parties waive any objections to the proposed 
        decision, the Administrator shall issue a final decision.
            (2) Variance from proposed decision.--If the decision 
        materially differs from the proposed decision, the parties 
        shall be entitled to review of the decision under subsection 
        (c).
            (3) Timing.--If the parties request review of all or part 
        of the proposed decision the Administrator shall issue a final 
        decision on the claim not later than--
                    (A) 180 days after the date the request for review 
                is received, if a party requests a hearing; or
                    (B) 90 days after the date the request for review 
                is received, if the claimant requests review of the 
                written record.
            (4) Content.--The decision shall be in writing and contain 
        findings of fact and conclusions of law.
    (e) Representation.--A party may authorize an attorney or other 
individual to represent the party in any proceeding under this title.

                           Subtitle C--Awards

SEC. 131. AMOUNT.

    (a) In General.--A claimant that meets the requirements of section 
121 shall be entitled to an award in an amount equal to the damages 
specified in subsection (b) sustained as a result of Deepwater Horizon 
incident.
    (b) Covered Damages.--For purposes of subsection (a), covered 
damages shall be 1 or more of the following types of damages (if 
applicable):
            (1) Real or personal property.--Damages for injury to, or 
        economic losses resulting from destruction of, real or personal 
        property, which shall be recoverable by a claimant who owns or 
        leases that property.
            (2) Subsistence use.--Damages for loss of subsistence use 
        of natural resources, which shall be recoverable by any 
        claimant who so uses natural resources that have been injured, 
        destroyed, or lost, without regard to the ownership or 
        management of the resources.
            (3) Revenues.--Damages equal to the net loss of taxes, 
        royalties, rents, fees, or net profit shares due to the injury, 
        destruction, or loss of real property, personal property, or 
        natural resources, which shall be recoverable by a State or a 
        political subdivision of a State.
            (4) Profits and earning capacity.--Damages equal to the 
        loss of profits or impairment of earning capacity due to the 
        injury, destruction, or loss of real property, personal 
        property, or natural resources, which shall be recoverable by 
        any claimant.
            (5) Public services.--Damages for net costs of providing 
        increased or additional public services during or after removal 
        activities, including protection from fire, safety, or health 
        hazards, caused by a discharge of oil, which shall be 
        recoverable by a State or a political subdivision of a State.

SEC. 132. PAYMENT.

    (a) Payments.--Not later than 30 days after a final determination 
of an award under this title, a claimant that is entitled to an award 
under this title shall receive the amount of the award through payments 
from the responsible parties.
    (b) Limitation on Transferability.--A claim filed under this title 
shall not be assignable or otherwise transferable under this title.

SEC. 133. SETOFFS FOR COLLATERAL SOURCE COMPENSATION AND PRIOR AWARDS.

    The amount of an award otherwise available to a claimant under this 
title shall be reduced by the amount of collateral source compensation.

SEC. 134. SUBROGATION.

    Any person that pays compensation pursuant to this title to any 
claimant for damages shall be subrogated to all rights, claims, and 
causes of action the claimant has under any other law.

                      Subtitle D--Judicial Review

SEC. 141. JUDICIAL REVIEW OF RULES AND REGULATIONS.

    (a) Exclusive Jurisdiction.--The United States Court of Appeals for 
the District of Columbia Circuit shall have exclusive jurisdiction over 
any action to review rules or regulations promulgated by the 
Administrator under this title.
    (b) Period for Filing Petition.--A petition for review under this 
section shall be filed not later than 60 days after the date notice of 
the promulgation of the rules or regulations appears in the Federal 
Register.
    (c) Expedited Procedures.--The United States Court of Appeals for 
the District of Columbia shall provide for expedited procedures for 
reviews under this section.

SEC. 142. JUDICIAL REVIEW OF AWARD DECISIONS.

    (a) In General.--Any claimant or responsible party adversely 
affected or aggrieved by a final decision of the Administrator awarding 
or denying compensation under this title may petition for judicial 
review of the decision.
    (b) Period for Filing Petition.--Any petition for review under this 
section shall be filed not later than 90 days after the date of 
issuance of a final decision of the Administrator.
    (c) Exclusive Jurisdiction.--A petition for review may only be 
filed in the United States Court of Appeals for the circuit in which 
the claimant resides at the time of the issuance of the final order.
    (d) Standard of Review.--The court shall uphold the decision of the 
Administrator unless the court determines, on review of the record as a 
whole, that the decision is not supported by substantial evidence, is 
contrary to law, or is not in accordance with procedure required by 
law.
    (e) Expedited Procedures.--The United States Court of Appeals shall 
provide for expedited procedures for reviews under this section.

SEC. 143. OTHER JUDICIAL CHALLENGES.

    (a) Exclusive Jurisdiction.--The United States District Court for 
the District of Columbia shall have exclusive jurisdiction over any 
action for declaratory or injunctive relief challenging any provision 
of this title.
    (b) Period for Filing Petitions.--An action under this section 
shall be filed not later than the later of--
            (1) the date that is 60 days after the date of enactment of 
        this Act; or
            (2) the date that is 60 days after the final action by the 
        Administrator or the Office giving rise to the action.
    (c) Direct Appeal.--
            (1) In general.--A final decision in the action shall be 
        reviewable on appeal directly to the Supreme Court.
            (2) Administration.--The appeal shall be taken by the 
        filing of a notice of appeal not later than 30 days, and the 
        filing of a jurisdictional statement not later than 60 days, 
        after the date of the entry of the final decision.
    (d) Expedited Procedures.--It is the sense of Congress that the 
Supreme Court and the United States District Court for the District of 
Columbia are urged to advance on the docket and otherwise expedite, to 
the maximum extent practicable, the disposition of an action covered by 
this section.

                    Subtitle E--Effect on Other Laws

SEC. 151. EFFECT ON OTHER LAWS.

    This title shall supersede any Federal or State law to the extent 
that the law relates to any claim for damages compensated under this 
title.

                          TITLE II--LIABILITY

SEC. 201. LIABILITY FOR DEEPWATER HORIZON OIL SPILL.

    (a) In General.--Congress finds that--
            (1) executives of British Petroleum Exploration & 
        Production, Incorporated (referred to in this section as 
        ``BP'') testified before Congress in May 2010 that BP would pay 
        all legitimate claims relating to the Deepwater Horizon 
        explosion and oil spill that exceed existing applicable 
        economic liability limitations;
            (2) a letter from the Group Chief Executive of BP to the 
        Secretaries of Homeland Security and the Interior dated May 16, 
        2010, states in part that BP is ``prepared to pay above $75 
        million'' on ``all legitimate claims'' relating to that 
        explosion and oil spill; and
            (3) all documented legitimate claims pursuant to the Oil 
        Pollution Act of 1990 (33 U.S.C. 2701 et seq.) for economic 
        damages relating to the Deepwater Horizon explosion and oil 
        spill should be paid by BP without limit on liability.
    (b) Directive to Secretary of the Interior.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary of the Interior (referred to in this section 
        as the ``Secretary'') shall renegotiate the terms of the lease 
        known as ``Mississippi Canyon 252'' to reflect statements made 
        by BP in the letter described in subsection (a)(2).
            (2) Payment of claims.--As a condition of the renegotiated 
        lease described in paragraph (1), BP shall pay all damages 
        awarded pursuant to title I.
                                                       Calendar No. 410

111th CONGRESS

  2d Session

                                S. 3410

_______________________________________________________________________

                                 A BILL

To create a fair and efficient system to resolve claims of victims for 
economic injury caused by the Deepwater Horizon incident, and to direct 
  the Secretary of the Interior to renegotiate the terms of the lease 
known as ``Mississippi Canyon 252'' with respect to claims relating to 
  the Deepwater Horizon explosion and oil spill that exceed existing 
               applicable economic liability limitations.

_______________________________________________________________________

                              May 26, 2010

            Read the second time and placed on the calendar
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