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‘‘(A) risk assessment, using all available 
data from safety and compliance records both 
within the United States and internationally; 
‘‘(B) analysis of industry trends in tech-
nology, investment, and frontier areas; 
‘‘(C) reviews of best available technologies, 
including those associated with pipelines, blow-
out preventer mechanisms, casing, well design, 
and other associated infrastructure related to 
offshore energy development; 
‘‘(D) oil spill response and mitigation, in-
cluding reviews of the best available technology 
for oil spill response and mitigation and the 
availability and accessibility of such technology 
in each region where leasing is taking place; 
‘‘(E) risk associated with human factors; 
‘‘(F) technologies and methods to reduce 
the impact of geophysical exploration activities 
on marine life; and 
‘‘(G) renewable energy operations.’’. 
SEC. 212. ENFORCEMENT OF SAFETY AND ENVIRON-
MENTAL REGULATIONS. 
(a) IN GENERAL.—Section 22 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1348) is amended— 
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(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) INSPECTIONS.—The Secretary and the Secretary 
of the department in which the Coast Guard is operating 
shall individually, or jointly if they so agree, promulgate 
regulations to provide for— 
‘‘(1) scheduled onsite inspection, at least once a 
year, of each facility on the outer Continental Shelf 
which is subject to any environmental or safety regu-
lation promulgated pursuant to this Act, which in-
spection shall include all safety equipment designed 
to prevent or ameliorate blowouts, fires, spillages, or 
other major accidents; 
‘‘(2) scheduled onsite inspection, at least once a 
month, of each facility on the outer Continental 
Shelf engaged in drilling operations and which is 
subject to any environmental or safety regulation 
promulgated pursuant to this Act, which inspection 
shall include validation of the safety case required 
for the facility under section 21(g) and identifica-
tions of deviations from the safety case, and shall in-
clude all safety equipment designed to prevent or 
ameliorate blowouts, fires, spillages, or other major 
accidents; 
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‘‘(3) periodic onsite inspection without advance 
notice to the operator of such facility to assure com-
pliance with such environmental or safety regula-
tions; and 
‘‘(4) periodic audits of each required safety and 
environmental management plan, and any associated 
safety case, both with respect to their implementa-
tion at each facility on the outer Continental Shelf 
for which such a plan or safety case is required and 
with respect to onshore management support for ac-
tivities at such a facility.’’; 
(2) in subsection (d)(1)— 
(A) by striking ‘‘each major fire and each 
major oil spillage’’ and inserting ‘‘each major 
fire, each major oil spillage, each loss of well 
control, and any other accident that presented 
a serious risk to human or environmental safe-
ty’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, as a condition of the lease 
or permit’’; 
(3) in subsection (d)(2), by inserting before the 
period at the end the following: ‘‘as a condition of 
the lease or permit’’; 
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(4) in subsection (e), by adding at the end the 
following: ‘‘Any such allegation from any employee 
of the lessee or any subcontractor of the lessee shall 
be investigated by the Secretary.’’; 
(5) in subsection (b)(1), by striking ‘‘recog-
nized’’ and inserting ‘‘uncontrolled’’; and 
(6) by adding at the end the following: 
‘‘(g) INFORMATION ON CAUSES AND CORRECTIVE 
ACTIONS.—For any incident investigated under this sec-
tion, the Secretary shall promptly make available to all 
lessees and the public technical information about the 
causes and corrective actions taken. All data and reports 
related to any such incident shall be maintained in a data 
base available to the public. 
‘‘(h) OPERATOR’S ANNUAL CERTIFICATION.— 
‘‘(1) The Secretary, in cooperation with the 
Secretary of the department in which the Coast 
Guard is operating, shall require all operators of all 
new and existing drilling and production operations 
to annually certify that their operations are being 
conducted in accordance with applicable law and reg-
ulations. 
‘‘(2) Each certification shall include, but, not be 
limited to, statements that verify the operator has— 
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‘‘(A) examined all well control system 
equipment (both surface and subsea) being used 
to ensure that it has been properly maintained 
and is capable of shutting in the well during 
emergency operations; 
‘‘(B) examined and conducted tests to en-
sure that the emergency equipment has been 
function-tested and is capable of addressing 
emergency situations; 
‘‘(C) reviewed all rig drilling, casing, ce-
menting, well abandonment (temporary and 
permanent), completion, and workover practices 
to ensure that well control is not compromised 
at any point while emergency equipment is in-
stalled on the wellhead; 
‘‘(D) reviewed all emergency shutdown and 
dynamic positioning procedures that interface 
with emergency well control operations; 
‘‘(E) taken the necessary steps to ensure 
that all personnel involved in well operations 
are properly trained and capable of performing 
their tasks under both normal drilling and 
emergency well control operations; and 
‘‘(F) updated the operator’s response plan 
required under section 25(c)(7) and exploration 
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plans required under section 11(c)(3) to reflect 
the best available technology, including the 
availability of such technology. 
‘‘(i) CEO STATEMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall not ap-
prove any application for a permit to drill a well 
under this Act unless such application is accom-
panied by a statement in which the chief executive 
officer of the applicant attests, in writing, that— 
‘‘(A) the applicant is in compliance with all 
applicable environmental and natural resource 
conservation laws; 
‘‘(B) the applicant has the capability and 
technology to respond immediately and effec-
tively to a worst-case oil spill in real-world con-
ditions in the area of the proposed activity 
under the permit; 
‘‘(C) the applicant has an oil spill response 
plan that ensures that the applicant has the ca-
pacity to promptly control and stop a blowout 
in the event that well control measures fail; 
‘‘(D) the blowout preventer to be used dur-
ing the drilling of the well has redundant sys-
tems to prevent or stop a blowout for all fore-
seeable blowout scenarios and failure modes; 
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‘‘(E) the well design is safe; and 
‘‘(F) the applicant has the capability to ex-
peditiously begin and complete a relief well if 
necessary in the event of a blowout. 
‘‘(2) CIVIL PENALTY.—Any chief executive offi-
cer who makes a false certification under paragraph 
(1) shall be liable for a civil penalty under section 
24. 
‘‘(j) THIRD PARTY CERTIFICATION.—All operators 
that modify or upgrade any emergency equipment placed 
on any operation to prevent blow-outs or other well control 
events, shall have an independent third party conduct a 
detailed physical inspection and design review of such 
equipment within 30 days of its installation. The inde-
pendent third party shall certify that the equipment will 
operate as originally designed and any modifications or 
upgrades conducted after delivery have not compromised 
the design, performance, or functionality of the equip-
ment. Failure to comply with this subsection shall result 
in suspension of the lease.’’. 
(b) APPLICATION.—Section 22(i) of the Outer Conti-
nental Shelf Lands Act, as added by the amendments 
made by subsection (a), shall apply to approvals of appli-
cations for a permit to drill that are submitted after the 
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end of the 6-month period beginning on the date of enact-
ment of this Act. 
SEC. 213. JUDICIAL REVIEW. 
Section 23(c)(3) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1349(c)(3)) is amended by striking 
‘‘sixty’’ and inserting ‘‘90’’. 
SEC. 214. REMEDIES AND PENALTIES. 
(a) CIVIL PENALTY, GENERALLY.—Section 24(b) of 
the Outer Continental Shelf Lands Act (43 U.S.C. 
1350(b)) is amended to read as follows: 
‘‘(b)(1) Except as provided in paragraph (2), any per-
son who fails to comply with any provision of this Act, 
or any term of a lease, license, or permit issued pursuant 
to this Act, or any regulation or order issued under this 
Act, shall be liable for a civil administrative penalty of not 
more than $75,000 for each day of the continuance of 
such failure. The Secretary may assess, collect, and com-
promise any such penalty. No penalty shall be assessed 
until the person charged with a violation has been given 
an opportunity for a hearing. The Secretary shall, by regu-
lation at least every 3 years, adjust the penalty specified 
in this paragraph to reflect any increases in the Consumer 
Price Index (all items, United States city average) as pre-
pared by the Department of Labor. 
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‘‘(2) If a failure described in paragraph (1) con-
stitutes or constituted a threat of harm or damage to life 
(including fish and other aquatic life), property, any min-
eral deposit, or the marine, coastal, or human environ-
ment, a civil penalty of not more than $150,000 shall be 
assessed for each day of the continuance of the failure.’’. 
(b) KNOWING AND WILLFUL VIOLATIONS.—Section 
24(c) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1350(c)) is amended in paragraph (4) by striking 
‘‘$100,000’’ and inserting ‘‘$10,000,000’’. 
(c) OFFICERS AND AGENTS OF CORPORATIONS.— 
Section 24(d) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1350(d)) is amended by inserting ‘‘, or with 
willful disregard,’’ after ‘‘knowingly and willfully’’. 
SEC. 215. UNIFORM PLANNING FOR OUTER CONTINENTAL 
SHELF. 
Section 25 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1351) is amended— 
(1) by striking ‘‘other than the Gulf of Mexico,’’ 
in each place it appears; 
(2) in subsection (c), by striking ‘‘and’’ after 
the semicolon at the end of paragraph (5), redesig-
nating paragraph (6) as paragraph (11), and insert-
ing after paragraph (5) the following new para-
graphs: 
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‘‘(6) a detailed and accurate description of 
equipment to be used for the drilling of wells pursu-
ant to activities included in the development and 
production plan, including— 
‘‘(A) a description of the drilling unit or 
units; 
‘‘(B) a statement of the design and condi-
tion of major safety-related pieces of equip-
ment, including independent third-party certifi-
cation of such equipment; and 
‘‘(C) a description of any new technology 
to be used; 
‘‘(7) a scenario for the potential blowout of 
each well to be drilled as part of the plan involving 
the highest potential volume of liquid hydrocarbons, 
along with a complete description of a response plan 
to both control the blowout and manage the accom-
panying discharge of hydrocarbons, including the 
likelihood for surface intervention to stop the blow-
out, the availability of a rig to drill a relief well, an 
estimate of the time it would take to drill a relief 
well, a description of other technology that may be 
used to regain control of the well or capture escap-
ing hydrocarbons and the potential timeline for 
using that technology for its intended purpose, and 
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the strategy, organization, and resources necessary 
to avoid harm to the environment from hydro-
carbons; 
‘‘(8) an analysis of the potential impacts of the 
worst-case-scenario discharge on the marine and 
coastal environments for activities conducted pursu-
ant to the proposed development and production 
plan; 
‘‘(9) a comprehensive survey and characteriza-
tion of the coastal or marine environment within the 
area of operation, including bathymetry, currents 
and circulation patterns within the water column, 
and descriptions of benthic and pelagic environ-
ments; 
‘‘(10) a description of the technologies to be de-
ployed on the facilities to routinely observe and mon-
itor in real time the marine environment throughout 
the duration of operations, and a description of the 
process by which such observation data and informa-
tion will be made available to Federal regulators and 
to the System established under section 12304 of 
Public Law 111–11 (33 U.S.C. 3603); and’’; 
(3) in subsection (e), by striking so much as 
precedes paragraph (2) and inserting the following: 
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