154 
SEC. 602. REPEAL OF AND ADJUSTMENTS TO LIMITATION 
ON LIABILITY. 
(a) IN GENERAL.—Section 1004 of the Oil Pollution 
Act of 1990 (33 U.S.C. 2704) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2) by adding ‘‘and’’ 
after the semicolon at the end; 
(B) by striking paragraph (3); and 
(C) by redesignating paragraph (4) as 
paragraph (3); 
(2) in subsection (b)(2) by striking the second 
sentence; and 
(3) by striking subsection (d)(4) and inserting 
the following: 
‘‘(4) ADJUSTMENT OF LIMITS ON LIABILITY.— 
Not later than 3 years after the date of enactment 
of the Oil Spill Accountability and Environmental 
Protection Act of 2011, and at least once every 3 
years thereafter, the President shall review the limits 
on liability specified in subsection (a) and shall by 
regulation revise such limits upward to reflect either 
the amount of liability that the President determines 
is commensurate with the risk of discharge of oil 
presented by a particular category of vessel, facility, 
or port or any increase in the Consumer Price Index, 
whichever is greater.’’. 
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(b) APPLICABILITY.—The amendments made by this 
section apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim. 
SEC. 603. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 
OFFSHORE FACILITIES. 
Section 1016 of the Oil Pollution Act of 1990 (33 
U.S.C. 2716) is amended— 
(1) in subsection (c)(1)— 
(A) in subparagraph (B) by striking ‘‘sub-
paragraph (A) is’’ and all that follows before 
the period and inserting ‘‘subparagraph (A) is 
$300,000,000’’; and 
(B) by striking subparagraph (C) and in-
serting the following: 
‘‘(C) ALTERNATE AMOUNT.— 
‘‘(i) SPECIFIC FACILITIES.— 
‘‘(I) IN GENERAL.—If the Presi-
dent determines that an amount of fi-
nancial responsibility for a responsible 
party that is less than the amount re-
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156 
quired by subparagraph (B) is justi-
fied based on the criteria established 
under clause (ii), the evidence of fi-
nancial responsibility required shall be 
for an amount determined by the 
President. 
‘‘(II) MINIMUM
AMOUNTS.—In 
no case shall the evidence of financial 
responsibility required under this sec-
tion be less than— 
‘‘(aa) $105,000,000 for an 
offshore facility located seaward 
of the seaward boundary of a 
State; or 
‘‘(bb) $30,000,000 for an 
offshore facility located landward 
of the seaward boundary of a 
State. 
‘‘(ii) CRITERIA FOR DETERMINATION 
OF
FINANCIAL
RESPONSIBILITY.—The 
President shall prescribe the amount of fi-
nancial responsibility required under clause 
(i)(I) based on the following: 
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‘‘(I) The market capacity of the 
insurance industry to issue such in-
struments. 
‘‘(II) The operational risk of a 
discharge and the effects of that dis-
charge on the environment and the re-
gion. 
‘‘(III) The quantity and location 
of the oil and gas that is explored for, 
drilled for, produced, or transported 
by the responsible party. 
‘‘(IV) The asset value of the 
owner of the offshore facility, includ-
ing the combined asset value of all 
partners that own the facility. 
‘‘(V) The cost of all removal 
costs and damages for which the 
owner may be liable under this Act 
based on a worst-case scenario. 
‘‘(VI) The safety history of the 
owner of the offshore facility. 
‘‘(VII) Any other factors that the 
President considers appropriate. 
‘‘(iii) ADJUSTMENT
FOR
ALL
OFF-
SHORE FACILITIES.— 
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158 
‘‘(I) IN
GENERAL.—Not later 
than 3 years after the date of enact-
ment of the Oil Spill Accountability 
and Environmental Protection Act of 
2011, and at least once every 3 years 
thereafter, the President shall review 
the levels of financial responsibility 
specified in this subsection and the 
limit on liability specified in sub-
section (f)(4) and may by regulation 
revise such levels and limit upward to 
the levels and limit that the President 
determines are justified based on the 
relative operational, environmental, 
and other risks posed by the quantity, 
quality, or location of oil that is ex-
plored for, drilled for, produced, or 
transported by the responsible party. 
‘‘(II) NOTICE
TO
CONGRESS.— 
Upon completion of a review specified 
in subclause (I), the President shall 
notify Congress as to whether the 
President will revise the levels of fi-
nancial responsibility and limit on li-
ability referred to in subclause (I) and 
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159 
the factors used in making such deter-
mination.’’; 
(2) in subsection (e) by striking ‘‘self-insurer,’’ 
and inserting ‘‘self-insurer, participation in coopera-
tive arrangements such as pooling or joint insur-
ance,’’; and 
(3) in subsection (f)— 
(A) in paragraph (1) by striking ‘‘Subject’’ 
and inserting ‘‘Except as provided in paragraph 
(4) and subject’’; and 
(B) by adding at the end the following: 
‘‘(4) MAXIMUM LIABILITY.—The maximum li-
ability of a guarantor of an offshore facility under 
this subsection is $300,000,000.’’. 
SEC. 604. DAMAGES TO HUMAN HEALTH. 
(a) IN GENERAL.—Section 1002(b)(2) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by 
adding at the end the following: 
‘‘(G) HUMAN HEALTH.— 
‘‘(i) 
IN
GENERAL.—Damages 
to 
human health, including fatal injuries, 
which shall be recoverable by any claimant 
who has a demonstrable, adverse impact to 
human health or, in the case of a fatal in-
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jury to an individual, a claimant filing a 
claim on behalf of such individual. 
‘‘(ii) INCLUSION.—For purposes of 
clause (i), the term ‘human health’ in-
cludes mental health.’’. 
(b) APPLICABILITY.—The amendments made by this 
section apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim. 
SEC. 605. CLARIFICATION OF LIABILITY FOR DISCHARGES 
FROM MOBILE OFFSHORE DRILLING UNITS. 
(a) IN GENERAL.—Section 1004(b)(2) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2704(b)(2)) is amended— 
(1) by striking ‘‘from any incident described in 
paragraph (1)’’ and inserting ‘‘from any discharge of 
oil, or substantial threat of a discharge of oil, into 
or upon the water’’; and 
(2) by striking ‘‘liable’’ and inserting ‘‘liable as 
described in paragraph (1)’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall apply to— 
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(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim. 
SEC. 606. STANDARD OF REVIEW FOR DAMAGE ASSESS-
MENT. 
Section 1006(e)(2) of the Oil Pollution Act of 1990 
(33 U.S.C. 2706(e)(2)) is amended— 
(1) in the heading by striking ‘‘REBUTTABLE 
PRESUMPTION’’ and inserting ‘‘JUDICIAL REVIEW OF 
ASSESSMENTS’’; and 
(2) by striking ‘‘have the force and effect’’ and 
all that follows before the period and inserting the 
following: ‘‘be subject to judicial review under sub-
chapter II of chapter 5 of title 5, United States 
Code (commonly known as the Administrative Proce-
dure Act), on the basis of the administrative record 
developed by the lead Federal trustee as provided in 
such regulations’’. 
SEC. 607. PROCEDURES FOR CLAIMS AGAINST FUND; IN-
FORMATION ON CLAIMS. 
(a) PROCEDURES FOR CLAIMS AGAINST FUND.— 
Section 1013(e) of the Oil Pollution Act of 1990 (33 
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162 
U.S.C. 2713(e)) is amended by adding at the end the fol-
lowing: ‘‘In the event of a spill of national significance, 
the President may exercise the authorities under this sec-
tion to ensure that the presentation, filing, processing, set-
tlement, and adjudication of claims occurs within the 
States and local governments affected by such spill to the 
greatest extent practicable.’’. 
(b) INFORMATION ON CLAIMS.—Title I of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended 
by inserting after section 1013 the following: 
‘‘SEC. 1013A. INFORMATION ON CLAIMS. 
‘‘In the event of a spill of national significance, the 
President may require a responsible party or a guarantor 
of a source designated under section 1014(a) to provide 
to the President any information on or related to claims, 
either individually, in the aggregate, or both, that the 
President requests, including— 
‘‘(1) the transaction date or dates of such 
claims, including processing times; and 
‘‘(2) any other data pertaining to such claims 
necessary to ensure the performance of the respon-
sible party or the guarantor with regard to the proc-
essing and adjudication of such claims.’’. 
(c) CONFORMING AMENDMENT.—The table of con-
tents contained in section 2 of such Act is amended by 
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163 
inserting after the item relating to section 1013 the fol-
lowing: 
‘‘Sec. 1013A. Information on claims.’’. 
(d) APPLICABILITY.—The amendments made by this 
section apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim. 
SEC. 608. ADDITIONAL AMENDMENTS AND CLARIFICATIONS 
TO OIL POLLUTION ACT OF 1990. 
(a) DEFINITIONS.— 
(1) REMOVAL COSTS.—Section 1001(31) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2701(31)) is 
amended by inserting before the semicolon the fol-
lowing: ‘‘and includes all costs of Federal enforce-
ment activities related thereto’’. 
(2) 
RESPONSIBLE
PARTY.—Section 
1001(32)(B) of such Act (33 U.S.C. 2701(32)(B)) 
is amended by inserting before ‘‘, except a’’ the fol-
lowing: ‘‘or any person who owns or who has a lease-
hold interest or other property interest in the land 
or in the minerals beneath the land on which the fa-
cility is located, and any person who is the assignor 
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164 
of a property interest in the land or in the minerals 
beneath the land on which the facility is located,’’. 
(b) 
ELEMENTS
OF
LIABILITY.—Section 
1002(b)(1)(A) of such Act (33 U.S.C. 2702(b)(1)(A)) is 
amended by inserting before the semicolon the following: 
‘‘, including all costs of Federal enforcement activities re-
lated thereto’’. 
(c) SUBROGATION.—Section 1015(c) of such Act (33 
U.S.C. 2715(c)) is amended by adding at the end the fol-
lowing: ‘‘In such actions, the Fund shall recover all costs 
and damages paid from the Fund unless the decision to 
make the payment is found to be arbitrary or capricious.’’. 
(d) 
FINANCIAL
RESPONSIBILITY.—Section 
1016(f)(1) of such Act (33 U.S.C. 2717(f)(1)) is amend-
ed— 
(1) by inserting ‘‘and’’ at the end of subpara-
graph (A); 
(2) by striking ‘‘; and’’ at the end of subpara-
graph (B) and inserting a period; and 
(3) by striking subparagraph (C). 
(e) 
CONSIDERATIONS
OF
TRUSTEES.—Section 
1006(d) of such Act (33 U.S.C. 2706(d)) is amended by 
adding at the end the following: 
‘‘(4) CONSIDERATIONS OF TRUSTEES.— 
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165 
‘‘(A) EQUAL AND FULL CONSIDERATION.— 
Trustees shall— 
‘‘(i) give equal and full consideration 
to restoration, rehabilitation, replacement, 
and the acquisition of the equivalent of the 
natural resources under their trusteeship; 
and 
‘‘(ii) consider restoration, rehabilita-
tion, replacement, and the acquisition of 
the equivalent of the natural resources 
under their trusteeship in a holistic eco-
system context and using, where available, 
eco-regional or natural resource plans. 
‘‘(B) SPECIAL
RULE
ON
ACQUISITION.— 
Acquisition shall only be given full and equal 
consideration under subparagraph (A) if it pro-
vides a substantially greater likelihood of im-
proving the resilience of the lost or damaged re-
source and supports local ecological processes.’’. 
(f) APPLICABILITY.—The amendments made by this 
section apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
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166 
brought within the limitations period applicable to 
the claim. 
SEC. 609. AMERICANIZATION OF OFFSHORE OPERATIONS 
IN THE EXCLUSIVE ECONOMIC ZONE. 
(a) REGISTRY ENDORSEMENT REQUIRED.— 
(1) IN GENERAL.—Section 12111 of title 46, 
United States Code, is amended by adding at the 
end the following: 
‘‘(e) RESOURCE ACTIVITIES IN THE EEZ.—Except 
for activities requiring an endorsement under sections 
12112 or 12113, only a vessel for which a certificate of 
documentation with a registry endorsement is issued and 
that is owned by a citizen of the United States (as deter-
mined under section 50501(d)) may engage in support of 
exploration, development, or production of resources in, 
on, above, or below the exclusive economic zone or any 
other activity in the exclusive economic zone to the extent 
that the regulation of such activity is not prohibited under 
customary international law.’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) applies only with respect to explo-
ration, development, production, and support activi-
ties that commence on or after July 1, 2011. 
(b) LEGAL AUTHORITY.—Section 2301 of title 46, 
United States Code, is amended— 
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(1) by striking ‘‘chapter’’ and inserting ‘‘title’’; 
and 
(2) by inserting after ‘‘1988’’ the following: 
‘‘and the exclusive economic zone to the extent that 
the regulation of such operation is not prohibited 
under customary international law’’. 
(c) TRAINING FOR COAST GUARD PERSONNEL.—Not 
later than 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating shall establish a program to provide 
Coast Guard personnel with the training necessary for the 
implementation of the amendments made by this section. 
SEC. 610. SAFETY MANAGEMENT SYSTEMS FOR MOBILE 
OFFSHORE DRILLING UNITS. 
Section 3203 of title 46, United States Code, is 
amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The 
safety management system described in subsection (a) for 
a mobile offshore drilling unit operating in waters subject 
to the jurisdiction of the United States (including the ex-
clusive economic zone) shall include processes, procedures, 
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and policies related to the safe operation and maintenance 
of the machinery and systems on board the vessel that 
may affect the seaworthiness of the vessel in a worst-case 
event.’’. 
SEC. 611. SAFETY STANDARDS FOR MOBILE OFFSHORE 
DRILLING UNITS. 
Section 3306 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(l) In prescribing regulations for mobile offshore 
drilling units, the Secretary shall develop standards to ad-
dress a worst-case event on the vessel.’’. 
SEC. 612. OPERATIONAL CONTROL OF MOBILE OFFSHORE 
DRILLING UNITS. 
(a) LICENSES FOR MASTERS OF MOBILE OFFSHORE 
DRILLING UNITS.— 
(1) IN
GENERAL.—Chapter 71 of title 46, 
United States Code, is amended by redesignating 
sections 7104 through 7115 as sections 7105 
through 7116, respectively, and by inserting after 
section 7103 the following: 
‘‘§ 7104. Licenses for masters of mobile offshore drill-
ing units 
‘‘A license as master of a mobile offshore drilling unit 
may be issued only to an applicant who has been issued 
a license as master under section 7101(c)(1) and has dem-
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onstrated the knowledge, understanding, proficiency, and 
sea service for all industrial business or functions of a mo-
bile offshore drilling unit.’’. 
(2) CONFORMING AMENDMENT.—Section 7109 
of such title, as so redesignated, is amended by 
striking ‘‘section 7106 or 7107’’ and inserting ‘‘sec-
tion 7107 or 7108’’. 
(3) CLERICAL AMENDMENT.—The analysis at 
the beginning of such chapter is amended by strik-
ing the items relating to sections 7104 through 7115 
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. 
‘‘7116. Merchant Mariner Medical Advisory Committee.’’. 
(b) REQUIREMENT FOR CERTIFICATE OF INSPEC-
TION.—Section 8101(a)(2) of title 46, United States 
Code, is amended by inserting before the semicolon the 
following: ‘‘and shall at all times be under the command 
of a master licensed under section 7104’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 6 months after the date of 
enactment of this Act. 
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SEC. 613. SINGLE-HULL TANKERS. 
(a) APPLICATION OF TANK VESSEL CONSTRUCTION 
STANDARDS.—Section 3703a(b) of title 46, United States 
Code, is amended by striking paragraph (3), and redesig-
nating paragraphs (4) through (6) as paragraphs (3) 
through (5), respectively. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) takes effect on January 1, 2011. 
SEC. 614. REPEAL OF RESPONSE PLAN WAIVER. 
Section 311(j)(5)(G) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)(5)(G)) is amended— 
(1) by striking ‘‘a tank vessel, nontank vessel, 
offshore facility, or onshore facility’’ and inserting 
‘‘a nontank vessel’’; 
(2) by striking ‘‘tank vessel, nontank vessel, or 
facility’’ and inserting ‘‘nontank vessel’’; and 
(3) by adding at the end the following: ‘‘A mo-
bile offshore drilling unit, as such term is defined in 
section 1001 of the Oil Pollution Act of 1990 (33 
U.S.C. 2701), is not eligible to operate without a re-
sponse plan approved under this section.’’. 
SEC. 615. NATIONAL CONTINGENCY PLAN. 
(a) GUIDELINES FOR CONTAINMENT BOOMS.—Sec-
tion 311(d)(2) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(d)(2)) is amended by adding at the end 
the following: 
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