I 
111TH CONGRESS 
2D SESSION 
H. R. 5629 
To ensure full recovery from responsible parties of damages for physical 
and economic injuries, adverse effects on the environment, and clean 
up of oil spill pollution, to improve the safety of vessels and pipelines 
supporting offshore oil drilling, to ensure that there are adequate re-
sponse plans to prevent environmental damage from oil spills, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2010 
Mr. OBERSTAR (for himself, Mr. CUMMINGS, Ms. EDDIE BERNICE JOHNSON 
of Texas, Mr. DEFAZIO, Mr. NADLER of New York, Mr. LARSEN of 
Washington, Mr. CAPUANO, Mr. BISHOP of New York, and Ms. HIRONO) 
introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
the Judiciary and Natural Resources, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To ensure full recovery from responsible parties of damages 
for physical and economic injuries, adverse effects on 
the environment, and clean up of oil spill pollution, to 
improve the safety of vessels and pipelines supporting 
offshore oil drilling, to ensure that there are adequate 
response plans to prevent environmental damage from 
oil spills, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Oil Spill Accountability and Environmental Protection 
Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Repeal of and adjustments to limitation on liability. 
Sec. 3. Evidence of financial responsibility for offshore facilities. 
Sec. 4. Damages to human health. 
Sec. 5. Clarification of liability for discharges from mobile offshore drilling 
units. 
Sec. 6. Standard of review for damage assessment. 
Sec. 7. Information on claims. 
Sec. 8. Limitation of Liability Act. 
Sec. 9. Death on the High Seas Act. 
Sec. 10. Jones Act. 
Sec. 11. Americanization of offshore operations in the exclusive economic zone. 
Sec. 12. Safety management systems for mobile offshore drilling units. 
Sec. 13. Safety standards for mobile offshore drilling units. 
Sec. 14. Coast Guard marine safety workforce. 
Sec. 15. Operational control of mobile offshore drilling units. 
Sec. 16. Leave retention authority. 
Sec. 17. Single-hull tankers. 
Sec. 18. Repeal of response plan waiver. 
Sec. 19. National Contingency Plan. 
Sec. 20. Tracking Database. 
Sec. 21. Safety of transportation-related offshore platforms. 
Sec. 22. Evaluation and approval of response plans; maximum penalties. 
Sec. 23. Implementation of oil spill prevention and response authorities. 
Sec. 24. Disaster damage notification and assessment. 
Sec. 25. Impacts to Indian Tribes. 
Sec. 26. National Commission study of Federal management and oversight of 
offshore drilling. 
Sec. 27. Federal enforcement actions. 
Sec. 28. Time required before electing to proceed with judicial claim or against 
the Fund. 
Sec. 29. Report on former Coast Guard officials employed by recognized organi-
zations of foreign flag administrations. 
Sec. 30. Authorized level of Coast Guard personnel. 
Sec. 31. Clarification of memorandums of understanding. 
Sec. 32. Authorization of appropriations. 
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SEC. 2. 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)— 
(i) by striking ‘‘$800,000,,’’ and in-
serting ‘‘$800,000,’’; and 
(ii) by adding ‘‘and’’ after the semi-
colon 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 2010, 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 
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presented by a particular category of vessel or any 
increase in the Consumer Price Index, whichever is 
greater.’’. 
(b) APPLICATION.—The repeals and amendments 
made by this section shall apply to all claims arising from 
events or activities occurring on or after April 19, 2010, 
including to claims pending on or before the date of enact-
ment of this Act. 
SEC. 3. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 
OFFSHORE FACILITIES. 
(a) MODIFICATION.—Section 1016(c)(1) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amend-
ed— 
(1) in subparagraph (B) by striking ‘‘subpara-
graph (A) is’’ and all that follows before the period 
and 
inserting 
‘‘subparagraph 
(A) 
is 
$1,500,000,000’’; 
(2) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) GREATER AMOUNT.— 
‘‘(i) SPECIFIC
FACILITIES.—If the 
President determines that an amount of fi-
nancial responsibility for a responsible 
party that is greater than the amount re-
quired by subparagraph (B) is justified 
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based on the relative operational, environ-
mental, human health, and other risks 
posed by the quantity, quality, or location 
of oil that is explored for, drilled for, pro-
duced, or transported by the responsible 
party, the evidence of financial responsi-
bility required shall be for an amount de-
termined by the President. 
‘‘(ii) ADJUSTMENT
FOR
ALL
OFF-
SHORE FACILITIES.— 
‘‘(I) IN
GENERAL.—Not later 
than 3 years after the date of enact-
ment of the Oil Spill Accountability 
and Environmental Protection Act of 
2010, and at least once every 3 years 
thereafter, the President shall review 
the level of financial responsibility 
specified in subparagraph (B) and 
may by regulation revise such level 
upwards to a level that the President 
determines is justified based on the 
relative operational, environmental, 
human health, and other risks posed 
by the quantity, quality, or location of 
oil that is explored for, drilled for, 
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produced, or transported by the re-
sponsible 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 the factors 
for making such determination.’’; and 
(3) by striking subparagraph (E). 
(b) APPLICATION; TRANSITION PERIOD.— 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the date of enact-
ment of this Act and shall apply to any lease for ex-
ploration, development, or production of minerals, as 
defined by the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.), that the Secretary of the 
Interior awards after the date of enactment of this 
Act. 
(2) 
TRANSITION
PERIOD.—Notwithstanding 
paragraph (1), not later than 6 months after the 
date of enactment of this Act, the President shall re-
quire any person who holds, on the date of enact-
ment of this Act, a lease for exploration, develop-
ment, or production of minerals, as defined by the 
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Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.), located in the navigable waters, adjoining 
shoreline, or the exclusive economic zone of the 
United States to provide evidence of financial re-
sponsibility consistent with the amendments made 
by this section. 
SEC. 4. 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.—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 injury to an individual, 
a claimant filing a claim on behalf of such indi-
vidual.’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to all claims arising from events 
or activities occurring on or after April 19, 2010, includ-
ing such claims pending on or before the date of enact-
ment of this Act. 
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SEC. 5. 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) APPLICATION.—The amendments made by sub-
section (a) shall apply to all claims arising from events 
or activities occurring on or after April 19, 2010, includ-
ing such claims pending on or before the date of enact-
ment of this Act. 
SEC. 6. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT. 
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 Pro-
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cedure Act) on the basis of the administrative record 
developed by the lead Federal trustee as provided in 
such regulations’’. 
SEC. 7. INFORMATION ON CLAIMS. 
(a) IN GENERAL.—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.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 2 of such Act is amended by 
inserting after the item relating to section 1013 the fol-
lowing: 
‘‘Sec. 1013A. Information on claims.’’. 
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(c) APPLICATION.—The amendments made by this 
section shall apply to all claims arising from events or ac-
tivities occurring on or after April 19, 2010, including 
such claims pending on or before the date of enactment 
of this Act. 
SEC. 8. LIMITATION OF LIABILITY ACT. 
(a) REPEAL.—Chapter 305 of title 46, United States 
Code, is amended— 
(1) by repealing sections 30505, 30506, 30507, 
30511, and 30512; and 
(2) by redesignating sections 30508 through 
30510 as sections 30505 through 30507, respec-
tively. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) OIL
POLLUTION
ACT
OF
1990.—Section 
1018 of the Oil Pollution Act of 1990 (33 U.S.C. 
2718) is amended— 
(A) in subsection (a), by striking ‘‘or the 
Act of March 3, 1851’’; and 
(B) in subsection (c), by striking ‘‘, the 
Act of March 3, 1851 (46 U.S.C. 183 et 
seq.),’’. 
(2) TITLE 46.—Section 14305(a) of title 46, 
United States Code, is amended by striking para-
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graph (5) and redesignating the subsequent para-
graphs as paragraphs (5) through (14), respectively. 
(3) CLERICAL AMENDMENT.—The analysis at 
the beginning of chapter 305 of title 46, United 
States Code, is amended by striking the items relat-
ing to sections 30505 through 30512 and inserting 
the following: 
‘‘30505. Provisions requiring notice of claim or limiting time for bringing action. 
‘‘30506. Provisions limiting liability for personal injury or death. 
‘‘30507. Vicarious liability for medical malpractice with regard to crew.’’. 
(c) APPLICATION.—The repeals and amendments 
made by this section shall apply to all claims arising from 
events or activities occurring on or after April 19, 2010, 
including to claims pending on or before the date of enact-
ment of this Act. 
SEC. 9. DEATH ON THE HIGH SEAS ACT. 
(a) IN GENERAL.—The Death on the High Seas Act 
(chapter 303 of title 46, United States Code), is amend-
ed— 
(1) in section 30302— 
(A) by inserting ‘‘or law’’ after ‘‘admi-
ralty’’; and 
(B) by striking the last sentence and in-
serting ‘‘The action shall be for the exclusive 
benefit of the survivors, including the dece-
dent’s spouse, parent, child, or dependent rel-
atives.’’; 
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(2) in section 30303— 
(A) by inserting ‘‘and nonpecuniary loss’’ 
after ‘‘pecuniary loss’’; 
(B) by striking ‘‘by’’ and all that follows 
through the end, and inserting ‘‘, plus a fair 
compensation for the decedent’s pain and suf-
fering.’’; and 
(C) by adding at the end the following: ‘‘In 
this section, the term ‘nonpecuniary loss’ means 
losses authorized under general maritime law 
including loss of care, comfort, and companion-
ship.’’; 
(3) in section 30305 by inserting ‘‘or law’’ after 
‘‘admiralty’’; 
(4) in section 30306, by inserting ‘‘or law’’ 
after ‘‘admiralty’’; 
(5) by striking section 30307; and 
(6) in the table of sections at the beginning of 
such chapter, by striking the item relating to sec-
tions 30307. 
(b) APPLICATION.—The amendments made by sub-
section (a) shall apply to all claims arising from events 
or activities occurring on or after April 19, 2010, includ-
ing such claims pending on or before the date of enact-
ment of this Act. 
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SEC. 10. JONES ACT. 
(a) IN GENERAL.—Section 30104 of title 46, United 
States Code, is amended— 
(1) in the second sentence, by striking ‘‘Laws’’ 
and inserting ‘‘Except as provided in subsection (b), 
laws’’; 
(2) by inserting ‘‘(a) IN GENERAL.—’’ before 
the first sentence; and 
(3) by adding at the end the following: 
‘‘(b) NONPECUNIARY LOSSES FOR DEATH.—In addi-
tion to other amounts authorized by law, the recovery for 
a seaman who dies may also include nonpecuniary losses 
that are authorized under general maritime law, such as 
the loss of care, comfort, and companionship.’’. 
(b) APPLICATION.—The amendments made by sub-
section (a) shall apply to all claims arising from events 
or activities occurring on or after April 19, 2010, includ-
ing such claims pending on or before the date of enact-
ment of this Act. 
SEC. 11. 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: 
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‘‘(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) APPLICATION.—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— 
(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 
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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. 12. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFF-
SHORE DRILLING UNITS. 
Section 3203 of title 46 United States Code, is 
amended— 
(1) by redesignating subsection (b) as sub-
section (c); 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, 
and policies related to the safe operation and maintenance 
of the machinery and systems on board the unit that are 
used for the industrial business and functions of the unit, 
including drilling operations.’’. 
SEC. 13. SAFETY STANDARDS FOR MOBILE OFFSHORE 
DRILLING UNITS. 
Section 3306 of title 46, United States Code, is 
amended by adding at the end the following: 
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‘‘(k) In prescribing regulations for mobile offshore 
drilling units, the Secretary shall develop standards to ad-
dress a worst-case event involving a discharge as that term 
is defined in section 1001 of the Oil Pollution Act of 1990 
(33 U.S.C. 2701)’’. 
SEC. 14. COAST GUARD MARINE SAFETY WORKFORCE. 
(a) IN GENERAL.—Chapter 5 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 99. Marine safety workforce 
‘‘(a) MARINE SAFETY WORKFORCE.—The Secretary, 
acting through the Commandant— 
‘‘(1) shall designate a sufficient number of posi-
tions to be in the Coast Guard’s marine safety work-
force to perform vessel inspections and marine cas-
ualty investigations; and 
‘‘(2) shall ensure that a sufficient number of 
fully qualified officers, members, and civilian em-
ployees of the Coast Guard are assigned to those po-
sitions. 
‘‘(b) 
CAREER
PATHS.—The 
Secretary, 
acting 
through the Commandant, shall ensure that appropriate 
career paths for an officer, member, or civilian employee 
of the Coast Guard who wishes to pursue a career in ma-
rine safety are identified in terms of the education, train-
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ing, experience, and assignments necessary for career pro-
gression to the most senior marine safety positions. The 
Secretary shall make available published information on 
such career paths. 
‘‘(c) QUALIFICATIONS.—With regard to the marine 
safety workforce, an officer, member, or civilian employee 
of the Coast Guard assigned as a— 
‘‘(1) marine inspector shall have the training, 
experience, and qualifications equivalent to that re-
quired for a similar position at a classification soci-
ety recognized by the Secretary under section 3316 
of title 46 for the type of vessel, system, or equip-
ment that is inspected; 
‘‘(2) marine casualty investigator shall have 
training, experience, and qualifications in investiga-
tion, marine casualty reconstruction, evidence collec-
tion and preservation, human factors, and docu-
mentation using best investigation practices by Fed-
eral and non-Federal entities; 
‘‘(3) marine safety engineer shall have knowl-
edge, skill, and practical experience in— 
‘‘(A) the construction and operation of 
commercial vessels; 
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‘‘(B) judging the character, strength, sta-
bility, and safety qualities of such vessels and 
their equipment; or 
‘‘(C) the qualifications and training of ves-
sel personnel; or 
‘‘(4) marine inspector inspecting mobile off-
shore drilling units shall have knowledge, skill, and 
practical experience in— 
‘‘(A) Federal, State, and international law 
compliance; 
‘‘(B) personnel training; 
‘‘(C) drilling operations; 
‘‘(D) mobile offshore drilling unit and mar-
itime safety; 
‘‘(E) the effect of weather on mobile off-
shore drilling unit safety and operations; 
‘‘(F) ship handling and positioning; and 
‘‘(G) emergency procedures. 
‘‘(d) APPRENTICESHIP REQUIREMENTS.— 
‘‘(1) IN GENERAL.—An officer, member, or ci-
vilian employee of the Coast Guard in training to be-
come a marine inspector, marine casualty investi-
gator, or a marine safety engineer shall serve a min-
imum of one-year apprenticeship, unless otherwise 
directed by the Commandant, under the guidance of 
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a qualified marine inspector (including an inspector 
of mobile offshore drilling units), marine casualty in-
vestigator, or marine safety engineer. The Com-
mandant may authorize shorter apprenticeship peri-
ods for certain qualifications, as appropriate. 
‘‘(2) HIGHLY SPECIALIZED VESSELS.— 
‘‘(A) IN GENERAL.—In addition to the re-
quirement under paragraph (1), any officer, 
member, or employee of the Coast Guard as-
signed as a marine inspector or marine casualty 
investigator with responsibility for inspecting or 
responding to casualties involving highly spe-
cialized vessels must have served a minimum of 
6 months apprenticeship with those vessels. 
‘‘(B) HIGHLY SPECIALIZED VESSELS DE-
FINED.—In this paragraph the term ‘highly 
specialized vessel’ includes mobile offshore drill-
ing units, tank vessels, and vessels carrying cer-
tain dangerous cargoes as defined by the Com-
mandant.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following: 
‘‘99. Marine safety workforce.’’. 
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SEC. 15. 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 7114 as sections 7105 
through 7115, 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-
onstrated the knowledge, understanding, proficiency, and 
sea service required to be responsible for all industrial 
business or functions of a mobile offshore drilling unit, 
including all drilling operations of that type of unit for 
which the applicant is to be licensed.’’. 
(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 table of sec-
tions at the beginning of such chapter is amended 
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by striking the items relating to sections 7104 
through 7114 and inserting the following: 
‘‘7104. Licenses for masters of mobile offshore drilling units. 
‘‘7105. Certificates for medical doctors and nurses. 
‘‘7106. Oaths. 
‘‘7107. Duration of licenses. 
‘‘7108. Duration of certificates of registry. 
‘‘7109. Termination of licenses and certificates of registry. 
‘‘7110. Review of criminal records. 
‘‘7111. Exhibiting licenses. 
‘‘7112. Oral examinations for licenses. 
‘‘7113. Licenses of masters or mates as pilots. 
‘‘7114. Exemption from draft. 
‘‘7115. Fees.’’. 
(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 
the enactment of this Act. 
SEC. 16. LEAVE RETENTION AUTHORITY. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is amended by inserting after section 425 the 
following: 
‘‘§ 426. Emergency leave retention authority 
‘‘(a) IN GENERAL.—A duty assignment for an active 
duty member of the Coast Guard in support of a declara-
tion of a major disaster or emergency by the President 
under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.) or in re-
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sponse to a spill of national significance shall be treated, 
for the purpose of section 701(f)(2) of title 10, as a duty 
assignment in support of a contingency operation. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) SPILL OF NATIONAL SIGNIFICANCE.—The 
term ‘spill of national significance’ means a dis-
charge of oil or a hazardous substance that is de-
clared by the Commandant to be a spill of national 
significance. 
‘‘(2) DISCHARGE.—The term ‘discharge’ has 
the meaning given that term in section 1001 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2701).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating 
to section 425 the following: 
‘‘426. Emergency leave retention authority.’’. 
SEC. 17. 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. 
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SEC. 18. 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. 19. NATIONAL CONTINGENCY PLAN. 
Section 311(d) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(d)) is amended by adding at the 
end the following: 
‘‘(5) SCHEDULE
FOR
USE
OF
DISPERSANTS, 
OTHER CHEMICALS, AND OTHER SPILL MITIGATING 
DEVICES AND SUBSTANCES.— 
‘‘(A) RULEMAKING.—Not later than 15 
months after the date of enactment of this 
paragraph, the President, acting through the 
Administrator, after providing notice and an 
opportunity for public comment, shall issue a 
revised regulation for the development of the 
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schedule for the use of dispersants, other 
chemicals, and other spill mitigating devices 
and substances developed under paragraph 
(2)(G) in a manner that is consistent with the 
requirements of this paragraph and shall mod-
ify the existing schedule to take into account 
the requirements of the revised regulation. 
‘‘(B) 
SCHEDULE
LISTING
REQUIRE-
MENTS.—In issuing the regulation under sub-
paragraph (A), the Administrator shall— 
‘‘(i) with respect to dispersants, other 
chemicals, and other spill mitigating sub-
stances included or proposed to be included 
on the schedule under paragraph (2)(G)— 
‘‘(I) establish minimum toxicity 
and efficacy testing criteria, taking 
into account the results of the study 
carried out under subparagraph (C); 
‘‘(II) provide for testing or other 
verification (independent from the in-
formation provided by an applicant 
seeking the inclusion of such dispers-
ant, chemical, or substance on the 
schedule) related to the toxicity and 
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effectiveness of such dispersant, chem-
ical, or substance; 
‘‘(III) establish a framework for 
the application of any such dispersant, 
chemical, or substance, including— 
‘‘(aa) quantity restrictions 
or application conditions; 
‘‘(bb) the quantity thresh-
olds for which consultation with 
and approval by the Regional Re-
sponse Team and the Federal 
On-Scene 
Coordinator 
is 
re-
quired; and 
‘‘(cc) the criteria to be used 
to develop the appropriate max-
imum quantity of any such dis-
persant, chemical, or substance 
that the Administrator deter-
mines may be used, both on a 
daily and cumulative basis; 
‘‘(IV) establish a requirement 
that the volume of oil or hazardous 
substance discharged, and the volume 
and location of any such dispersant, 
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chemical, or substance used, be meas-
ured and made publicly available; 
‘‘(V) notwithstanding any other 
provision of law, require the public 
disclosure of the specific chemical 
identity, including the chemical and 
common name of any ingredients con-
tained in, and specific chemical for-
mulas or mixtures of, any such dis-
persant, chemical, or substance; and 
‘‘(VI) in addition to existing au-
thority, expressly provide a mecha-
nism for the delisting of any such dis-
persant, chemical, or substance based 
on any information made available to 
the Administrator that demonstrates 
that such dispersant, chemical, or 
substance poses a significant risk to 
or impact on human health or the en-
vironment; 
‘‘(ii) with respect to a dispersant, 
other chemical, and other spill mitigating 
substance not specifically identified on the 
schedule, and prior to the use of such dis-
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persant, chemical, or substance in accord-
ance with paragraph (2)(G), establish— 
‘‘(I) the minimum toxicity and 
efficacy levels for such dispersant, 
chemical, or substance; 
‘‘(II) the information, including 
the specific chemical identity, formula, 
and mixtures, on such dispersant, 
other chemical, or other spill miti-
gating substance that shall be made 
publicly available; and 
‘‘(III) such additional informa-
tion as the Administrator determines 
necessary; and 
‘‘(iii) with respect to other spill miti-
gating devices included or proposed to be 
included on the schedule under paragraph 
(2)(G)— 
‘‘(I) require the manufacturer of 
such device to carry out a study of the 
risks and effectiveness of the device 
according to guidelines developed and 
published by the Administrator; and 
‘‘(II) in addition to existing au-
thority, expressly provide a mecha-
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nism for the delisting of any such de-
vice based on any information made 
available to the Administrator that 
demonstrates that such device poses a 
significant risk to or impact on 
human health or the environment. 
‘‘(C) STUDY.— 
‘‘(i) IN GENERAL.—Not later than 3 
months after the date of enactment of this 
paragraph, the Administrator shall initiate 
a study of the potential risks and impacts 
to human health and the environment, in-
cluding acute and chronic risks, from the 
use of dispersants, other chemicals, and 
other spill mitigating substances, if any, 
that may be used to carry out the National 
Contingency Plan, including an assessment 
of such risks and impacts— 
‘‘(I) on a representative sample 
of biota and types of oil from loca-
tions where such dispersants, chemi-
cals, or substances may potentially be 
used; 
‘‘(II) on human health, including 
individuals most likely to come into 
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contact with such dispersants, chemi-
cals, or substances, such as oil spill 
response action workers; and 
‘‘(III) that result from any by- 
products created from the use of such 
dispersants, chemicals, or substances. 
‘‘(ii) INFORMATION FROM MANUFAC-
TURERS.— 
‘‘(I) IN
GENERAL.—In conjunc-
tion with the study authorized by 
clause (i), the Administrator shall de-
termine the requirements for manu-
facturers of dispersants, chemicals, or 
substances to evaluate the potential 
risks and impacts to human health 
and the environment, including acute 
and chronic risks, associated with the 
use of the dispersants, chemicals, or 
substances and any byproducts gen-
erated by such use and to provide the 
details of such evaluation as a condi-
tion for listing on the schedule accord-
ing to guidelines developed and pub-
lished by the Administrator. 
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‘‘(II) MINIMUM
REQUIREMENTS 
FOR
EVALUATION.—Any evaluation 
carried out by a manufacturer under 
this clause shall include— 
‘‘(aa) information on the oils 
and 
locations 
where 
such 
dispersants, chemicals, or sub-
stances may potentially be used; 
‘‘(bb) an evaluation of the 
variety of different dispersants, 
chemicals, or substances that 
may be used in a response; and 
‘‘(cc) an assessment of ap-
plication 
and 
impacts 
from 
subsea use of the dispersant, 
chemical, or substance, including 
the potential long term effects of 
such use. 
‘‘(D) PERIODIC REVISIONS.— 
‘‘(i) IN GENERAL.—Not later than 5 
years after the date of the issuance of the 
regulation under this paragraph, and at 
least once every 5 years thereafter, the Ad-
ministrator shall review the schedule for 
the use of dispersants, other chemicals, 
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and other spill mitigating devices and sub-
stances that may be used to carry out the 
National Contingency Plan and update or 
revise the schedule, as necessary, to ensure 
the protection of human health and the en-
vironment. 
‘‘(ii) EFFECTIVENESS.—The Adminis-
trator shall ensure, to the maximum extent 
practicable, that each update or revision to 
the schedule increases the minimum effec-
tiveness value necessary for listing a dis-
persant, other chemical, or other spill miti-
gating device or substance on the schedule. 
‘‘(E) APPROVAL OF USE AND APPLICATION 
OF DISPERSANTS.— 
‘‘(i) IN GENERAL.—In issuing the reg-
ulation under subparagraph (A), the Ad-
ministrator shall require the approval of 
the Federal On-Scene Coordinator, in co-
ordination with the Administrator, for all 
uses of a dispersant, other chemical, or 
other spill mitigating substance in any re-
moval action, including— 
‘‘(I) any such dispersant, chem-
ical, or substance that is included on 
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the schedule developed pursuant to 
this subsection; or 
‘‘(II) any dispersant, chemical, or 
other substance that is included as 
part an approved area contingency 
plan or response plan developed under 
this section. 
‘‘(ii) REPEAL.—Any part of section 
300.910 of title 40, Code of Federal Regu-
lations, that is inconsistent with this para-
graph is hereby repealed. 
‘‘(6) REVIEW OF AND DEVELOPMENT OF CRI-
TERIA FOR EVALUATING RESPONSE PLANS.— 
‘‘(A) REVIEW.—Not later than 6 months 
after the date of enactment of this paragraph, 
the President shall review the procedures and 
standards developed under paragraph (2)(J) to 
determine their sufficiency in ceasing and re-
moving a worst case discharge of oil or haz-
ardous substances, and for mitigating or pre-
venting a substantial threat of such a dis-
charge. 
‘‘(B) RULEMAKING.—Not later than 1 
year after the date of enactment of this para-
graph, the President, after providing notice and 
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an opportunity for public comment, shall under-
take a rulemaking to— 
‘‘(i) revise the procedures and stand-
ards for ceasing and removing a worst case 
discharge of oil or hazardous substances, 
and for mitigating or preventing a substan-
tial threat of such a discharge; and 
‘‘(ii) develop a metric for evaluating 
the National Contingency Plan, Area Con-
tingency Plans, and Tank Vessel, Nontank 
Vessel, and Facility Response Plans con-
sistent with the procedures and standards 
developed pursuant to this paragraph.’’. 
SEC. 20. TRACKING DATABASE. 
Section 311(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(b)) is amended by adding at the 
end the following: 
‘‘(13) TRACKING DATABASE.— 
‘‘(A) IN
GENERAL.—The President shall 
create a database to track all discharges of oil 
or hazardous substances— 
‘‘(i) into the waters of the United 
States, adjoining shorelines, or into or 
upon the waters of the contiguous zone; 
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‘‘(ii) in connection with activities 
under the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) or the Deep-
water Port Act of 1974 (33 U.S.C. 1501 
et seq.); or 
‘‘(iii) which may affect natural re-
sources belonging to, appertaining to, or 
under the exclusive management authority 
of the United States (including resources 
under the Fishery Conservation and Man-
agement Act of 1976 (16 U.S.C. 1801 et 
seq.)). 
‘‘(B) 
REQUIREMENTS.—The 
database 
shall— 
‘‘(i) include— 
‘‘(I) the name of the vessel or fa-
cility; 
‘‘(II) the name of the owner, op-
erator, or person in charge of the ves-
sel or facility; 
‘‘(III) the date of the discharge; 
‘‘(IV) the volume of the dis-
charge; 
‘‘(V) the location of the dis-
charge, including an identification of 
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any receiving waters that are or could 
be affected by the discharge; 
‘‘(VI) a record of any determina-
tion of a violation of this section or 
section 1002 of the Oil Pollution Act 
of 1990 (33 U.S.C. 2702); 
‘‘(VII) a record of any adminis-
trative or enforcement action taken 
against the owner, operator, or person 
in charge; and 
‘‘(VIII) any additional informa-
tion that the President determines 
necessary; 
‘‘(ii) use data provided by the Envi-
ronmental Protection Agency, the Coast 
Guard, the Pipeline and Hazardous Mate-
rials Safety Administration, and other ap-
propriate Federal agencies; 
‘‘(iii) use data protocols developed and 
managed by the Environmental Protection 
Agency; and 
‘‘(iv) be publicly accessible, including 
by electronic means.’’. 
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SEC. 21. SAFETY OF TRANSPORTATION-RELATED OFF-
SHORE PLATFORMS. 
(a) IN GENERAL.—Chapter 601 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 60138. Safety of transportation-related offshore 
platforms 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall conduct an analysis of the adequacy of existing regu-
lations and standards for the safety of transportation-re-
lated offshore platforms and the impact of the integrity 
of such platforms on pipeline safety. 
‘‘(b) CONSULTATION.—In carrying out subsection 
(a), the Secretary may consult with any agency, organiza-
tion, or person with expertise in the design, construction, 
testing, operation, or maintenance of offshore platforms. 
‘‘(c) REPORT
TO CONGRESS.—Not later than 24 
months after the date of enactment of this section, the 
Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report describing the results of the 
analysis conducted under subsection (a). The report shall 
include any recommendations the Secretary may have for 
addressing the safety or integrity of transportation-related 
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offshore platforms, including any recommendations for 
legislative or regulatory action. 
‘‘(d) TRANSPORTATION-RELATED OFFSHORE PLAT-
FORM DEFINED.—In this section, the term ‘transpor-
tation-related offshore platform’ means any platform— 
‘‘(1) located beyond the shoreline of the United 
States in State or Federal waters; 
‘‘(2) used for transporting gas or hazardous liq-
uid; and 
‘‘(3) the design, construction, testing, operation, 
maintenance, and security of which is not regulated 
by another Federal agency. 
‘‘(e) LIMITATION.—Nothing in this section applies to 
a production facility.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘60138. Safety of transportation-related offshore platforms.’’. 
SEC. 22. EVALUATION AND APPROVAL OF RESPONSE 
PLANS; MAXIMUM PENALTIES. 
(a) AGENCY REVIEW OF RESPONSE PLANS.— 
(1) LEAD FEDERAL AGENCY FOR REVIEW OF 
RESPONSE PLANS.—Section 311(j)(5)(A) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1321(j)(5)(A)) is amended by adding at the end the 
following: 
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‘‘(iii) In issuing the regulations under this para-
graph, the President shall ensure that— 
‘‘(I) the owner, operator, or person in 
charge of a tank vessel, nontank vessel, or off-
shore facility described in subparagraph (C) will 
not be considered to have complied with this 
paragraph until the owner, operator, or person 
in charge submits a plan under clause (i) or 
(ii), as appropriate, to the Secretary of the de-
partment in which the Coast Guard is operating 
and the Secretary determines and notifies the 
owner, operator, or person in charge that the 
plan, if implemented, will provide an adequate 
response to a worst case discharge of oil or a 
hazardous substance or a substantial threat of 
such a discharge; and 
‘‘(II) the owner, operator, or person in 
charge of an onshore facility described in sub-
paragraph (C)(iv) will not be considered to have 
complied with this paragraph until the owner, 
operator, or person in charge submits a plan 
under clause (i) either to the Secretary of 
Transportation, with respect to transportation- 
related onshore facilities, or the Administrator, 
with respect to all other onshore facilities, and 
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the Secretary or Administrator, as appropriate, 
determines and notifies the owner, operator, or 
person in charge that the plan, if implemented, 
will provide an adequate response to a worst- 
case discharge of oil or a hazardous substance 
or a substantial threat of such a discharge.’’. 
(2) REVIEW
AND
APPROVAL
OF
RESPONSE 
PLANS.—Section 311(j)(5)(E) of such Act (33 
U.S.C. 1321(j)(5)(E)) is amended to read as follows: 
‘‘(E) With respect to any response plan sub-
mitted under this paragraph for an onshore facility 
that, because of its location, could reasonably be ex-
pected to cause significant and substantial harm to 
the environment by discharging into or on the navi-
gable waters or adjoining shorelines or the exclusive 
economic zone, and with respect to each response 
plan submitted under this paragraph for a tank ves-
sel, nontank vessel, or offshore facility, the President 
shall— 
‘‘(i) promptly review the response plan; 
‘‘(ii) with respect to a plan for an offshore 
or onshore facility, provide an opportunity for 
public notice and comment on the response 
plan; 
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‘‘(iii) taking into consideration any public 
comments received and other appropriate fac-
tors, as determined by the President, require 
revisions to the response plan; 
‘‘(iv) approve, approve with revisions, or 
disapprove the response plan; 
‘‘(v) review the response plan periodically 
thereafter, and if applicable requirements are 
not met, acting through the head of the appro-
priate Federal department or agency— 
‘‘(I) issue administrative orders di-
recting the owner, operator, or person in 
charge to comply with the response plan or 
any regulation issued under this section; or 
‘‘(II) assess civil penalties or conduct 
other appropriate enforcement actions in 
accordance with subsections (b)(6), (b)(7), 
and (b)(8) for failure to develop, submit, 
receive approval of, adhere to, or maintain 
the capability to implement the response 
plan, or failure to comply with any other 
requirement of this section; 
‘‘(vi) acting through the head of the appro-
priate Federal department or agency, require, 
at a minimum, biennial inspections conducted 
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by such agency of the tank vessel, nontank ves-
sel, or facility to ensure compliance with the re-
sponse plan or identify deficiencies in such plan; 
‘‘(vii) acting through the head of the ap-
propriate Federal department or agency, make 
the response plan available to the public, includ-
ing on the Internet; and 
‘‘(viii) in the case of a plan for a nontank 
vessel, consider any applicable State-mandated 
response plan in effect on the date of enactment 
of the Coast Guard and Maritime Transpor-
tation Act of 2004 and ensure consistency to 
the extent practicable.’’. 
(3) BIENNIAL
REPORT.—Section 311(j)(5) of 
such Act (33 U.S.C. 1321(j)(5)) is amended by add-
ing at the end the following: 
‘‘(J) Not later than 2 years after the date of 
enactment of this subparagraph, and biennially 
thereafter, the President, acting through the Admin-
istrator, the Secretary of the department in which 
the Coast Guard is operating, and the Secretary of 
Transportation, shall submit to Congress a report 
containing the following information for each owner, 
operator, or person in charge that submitted a re-
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sponse plan for a tank vessel, nontank vessel, or 
other facility under this paragraph: 
‘‘(i) The number of response plans ap-
proved, disapproved, or approved with revisions 
under subparagraph (E) annually for tank ves-
sels, nontank vessels, and facilities of the 
owner, operator, or person in charge. 
‘‘(ii) The number of inspections conducted 
under subparagraph (E) annually for tank ves-
sels, nontank vessels, and facilities of the 
owner, operator, or person in charge. 
‘‘(iii) A summary of each administrative or 
enforcement action taken with respect each 
tank vessel, nontank vessel, and facility of the 
owner, operator, or person in charge, including 
a description of the violation, the date of viola-
tion, the amount of each penalty proposed, and 
the final assessment of each penalty and an ex-
planation for any reduction in a penalty.’’. 
(4) ADMINISTRATIVE PROVISIONS FOR FACILI-
TIES.—Section 311(m)(2) of such Act (33 U.S.C. 
1321(m)(2)) is amended in each of subparagraphs 
(A) and (B) by inserting ‘‘, the Secretary of Trans-
portation,’’ before ‘‘or the Secretary of the depart-
ment in which the Coast Guard is operating’’. 
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(b) PENALTIES.— 
(1) ADMINISTRATIVE PENALTIES.— 
(A) AUTHORITY OF SECRETARY OF TRANS-
PORTATION
TO
ASSESS
PENALTIES.—Section 
311(b)(6)(A) 
of 
such 
Act 
(33 
U.S.C. 
1321(b)(6)(A)) is amended by inserting ‘‘, the 
Secretary of Transportation,’’ before ‘‘or the 
Administrator’’. 
(B) 
ADMINISTRATIVE
PENALTIES
FOR 
FAILURE
TO
PROVIDE
NOTICE.—Section 
311(b)(6)(A) 
of 
such 
Act 
(33 
U.S.C. 
1321(b)(6)(A)) is further amended— 
(i) in clause (i) by striking ‘‘para-
graph (3), or’’ and inserting ‘‘paragraph 
(3),’’; 
(ii) in clause (ii) by striking ‘‘any reg-
ulation’’ and inserting ‘‘any order or action 
required by the President under sub-
sections (c) or (e) or any regulation’’; 
(iii) by redesignating clause (ii) as 
clause (iii); 
(iv) by inserting after clause (i) the 
following: 
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manent injunction, civil penalties, compliance 
requirements, and punitive damages.’’. 
(3) APPLICATION.—The amendments made by 
this subsection shall apply to violations occurring on 
or after April 19, 2010. 
(c) CLARIFICATION OF FEDERAL REMOVAL AUTHOR-
ITY.—Section 311(c)(1)(B)(ii) of such Act (33 U.S.C. 
1321(c)(1)(B)(ii)) is amended by striking the term ‘‘mon-
itor all’’ and replace with ‘‘monitor, including through the 
use of an administrative order, all’’. 
SEC. 23. IMPLEMENTATION OF OIL SPILL PREVENTION AND 
RESPONSE AUTHORITIES. 
Section 311(l) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(l)) is amended— 
(1) by striking ‘‘(l) The President’’ and insert-
ing the following: 
‘‘(l) DELEGATION AND IMPLEMENTATION.— 
‘‘(1) DELEGATION.—The President’’; and 
(2) by adding at the end the following: 
‘‘(2) ENVIRONMENTAL PROTECTION AGENCY.— 
‘‘(A) IN
GENERAL.—The President shall 
delegate the responsibilities under subparagraph 
(B) to the Administrator. 
‘‘(B) RESPONSIBILITIES.—The Adminis-
trator shall ensure that Environmental Protec-
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tion Agency personnel develop and maintain 
operational capability— 
‘‘(i) for effective inspection, moni-
toring, prevention, preparedness, and re-
sponse authorities related to the discharge 
or substantial threat of a discharge of oil 
or a hazardous substance; 
‘‘(ii) to protect human health and 
safety from impacts of a discharge or sub-
stantial threat of a discharge of oil or a 
hazardous substance; 
‘‘(iii) to review and approve of, dis-
approve of, or require revisions (if nec-
essary) to onshore facility response plans 
and to carry out all other responsibilities 
under subsection (j)(E)(5); and 
‘‘(iv) to protect the environment and 
natural resources from impacts of a dis-
charge or substantial threat of a discharge 
of oil or a hazardous substance. 
‘‘(3) COAST GUARD.— 
‘‘(A) IN
GENERAL.—The President shall 
delegate the responsibilities under subparagraph 
(B) to the Secretary of the department in which 
the Coast Guard is operating. 
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‘‘(B) RESPONSIBILITIES.—The Secretary 
shall ensure that Coast Guard personnel de-
velop and maintain operational capability— 
‘‘(i) to establish and enforce regula-
tions and standards for procedures, meth-
ods, equipment, and other requirements to 
prevent and to contain a discharge of oil or 
a hazardous substance from a tank vessel, 
nontank vessel, or offshore facility; 
‘‘(ii) to establish and enforce regula-
tions, and to carry out all other respon-
sibilities, under subsection (j)(5)(A); 
‘‘(iii) to review and approve of, dis-
approve of, or require revisions (if nec-
essary) to tank vessel, nontank vessel, and 
offshore facility response plans and to 
carry out all other responsibilities under 
subsection (j)(5)(E); 
‘‘(iv) for effective inspection, moni-
toring, prevention, preparedness, and re-
sponse authorities related to the discharge 
or substantial threat of a discharge of oil 
or a hazardous substance from a tank ves-
sel, nontank vessel, or offshore facility; 
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‘‘(v) to protect the public from im-
pacts of a discharge or substantial threat 
of a discharge of oil or a hazardous sub-
stance in United States waters; and 
‘‘(vi) to protect the environment and 
natural resources from impacts of a dis-
charge or substantial threat of a discharge 
of oil or a hazardous substance in United 
States waters. 
‘‘(4) DEPARTMENT OF TRANSPORTATION.— 
‘‘(A) IN
GENERAL.—The President shall 
delegate the responsibilities under subparagraph 
(B) to the Secretary of Transportation. 
‘‘(B) RESPONSIBILITIES.—The Secretary 
of Transportation shall— 
‘‘(i) establish and enforce regulations 
and standards for procedures, methods, 
equipment, and other requirements to pre-
vent and to contain discharges of oil and 
hazardous substances from transportation- 
related onshore facilities; 
‘‘(ii) to review and approve of, dis-
approve of, or require revisions (if nec-
essary) to transportation-related onshore 
facility response plans and to carry out all 
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other 
responsibilities 
under 
subsection 
(j)(5)(E); and 
‘‘(iii) ensure that Department of 
Transportation 
personnel 
develop 
and 
maintain operational capability— 
‘‘(I) for effective inspection, mon-
itoring, prevention, preparedness, and 
response authorities related to the dis-
charge or substantial threat of a dis-
charge of oil or a hazardous substance 
from a transportation-related onshore 
facility; 
‘‘(II) to protect the public from 
the impacts of a discharge or substan-
tial threat of a discharge of oil or a 
hazardous substance from a transpor-
tation-related onshore facility; and 
‘‘(III) to protect the environment 
and natural resources from the im-
pacts of a discharge or substantial 
threat of a discharge of oil or a haz-
ardous substance from a transpor-
tation-related onshore facility.’’. 
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SEC. 24. DISASTER DAMAGE NOTIFICATION AND ASSESS-
MENT. 
(a) IN GENERAL.—Section 60108 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(e) DISASTER DAMAGE NOTIFICATION AND ASSESS-
MENT.— 
‘‘(1) NOTIFICATION REQUIRED.—In the event 
of a manmade or natural disaster, the operator of a 
pipeline facility in an affected location shall notify 
the Secretary not later than 12 hours after the ces-
sation of the disaster, as determined by the Sec-
retary, or an earlier time determined appropriate by 
the Secretary, of any changes to the operational sta-
tus of the pipeline facility, including information 
concerning physical damages, releases of highly vola-
tile liquid, other hazardous liquid, or gas, disrup-
tions in service, and projected dates for return to 
service. 
‘‘(2) 
PREPARATION
OF
DAMAGE
ASSESS-
MENTS.—Not later than 30 days after the cessation 
of a manmade or natural disaster, as determined by 
the Secretary, the operator of a pipeline facility in 
an affected location shall develop and transmit to 
the Secretary a written damage assessment. The 
damage assessment, at a minimum, shall— 
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‘‘(A) identify any physical damage to the 
pipeline facility and any other credible threat or 
hazard to the pipeline facility; 
‘‘(B) assess the extent of any physical 
damage to the pipeline facility and any other 
credible threat or hazard to the pipeline facility; 
‘‘(C) evaluate the integrity of the pipeline 
facility; 
‘‘(D) if necessary, provide a schedule for 
repairing or abandoning the pipeline facility; 
and 
‘‘(E) meet any other requirements the Sec-
retary determines are appropriate by regulation. 
‘‘(3) ABANDONMENT.—An operator of a pipe-
line facility shall notify the Secretary promptly if the 
operator determines that the pipeline facility must 
be abandoned as a result of a manmade or natural 
disaster. 
‘‘(4) OTHER.—An operator of a pipeline facility 
shall retain, and make available to the Secretary on 
request, a copy of any report prepared under this 
subsection for at least 5 years. 
‘‘(5) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
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‘‘(A) 
ABANDON.—The 
term 
‘abandon’ 
means permanently remove from service. 
‘‘(B) AFFECTED
LOCATION.—The term 
‘affected location’ means any area directly or 
substantially affected by a manmade or natural 
disaster, as determined by the Secretary. 
‘‘(C) MANMADE OR NATURAL DISASTER.— 
The term ‘manmade or natural disaster’ means 
any hurricane, tornado, tidal wave, tsunami, 
earthquake, volcanic eruption, or, regardless of 
cause, any fire, flood, or explosion, or any simi-
lar catastrophe in the United States that 
causes, or may cause, substantial damage or in-
jury to persons, property, or the environment, 
as determined by the Secretary.’’. 
(b) REGULATIONS.— 
(1) FINAL RULE.—The Secretary of Transpor-
tation shall issue a final rule establishing procedures 
to carry out section 60108(e) of title 49, United 
States Code, not later than 1 year after the date of 
enactment of this Act. 
(2) INTERIM GUIDANCE.—For the period begin-
ning on the date of enactment of this Act and end-
ing on the date of issuance of a rule under para-
graph (1), or the date that is 45 days after such 
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date of enactment, whichever is earlier, the Sec-
retary shall issue interim guidance to the operator of 
a pipeline facility requiring notification of the Sec-
retary and an assessment of pipeline facilities lo-
cated in an affected area in the case of a manmade 
or natural disaster. 
SEC. 25. IMPACTS TO INDIAN TRIBES. 
Section 1002(b)(2) of the Oil Pollution Act of 1990 
(33 U.S.C. 2702(b)(2)) is amended— 
(1) in subparagraph (D) by striking ‘‘or a polit-
ical subdivision thereof’’ and inserting ‘‘a political 
subdivision of a State, or an Indian tribe’’; and 
(2) in subparagraph (F) by striking ‘‘or a polit-
ical subdivision of a State’’ and inserting ‘‘a political 
subdivision of a State, or an Indian tribe’’. 
SEC. 26. NATIONAL COMMISSION STUDY OF FEDERAL MAN-
AGEMENT AND OVERSIGHT OF OFFSHORE 
DRILLING. 
(a) IN GENERAL.—The National Commission on the 
BP Deepwater Horizon Oil Spill and Offshore Drilling es-
tablished by Executive Order No. 13543 dated May 21, 
2010 (in this section referred to as the ‘‘Commission’’), 
shall develop recommendations for— 
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(1) improvements to Federal laws, regulations, 
and industry practices applicable to offshore drilling 
that would— 
(A) ensure the effective oversight, inspec-
tion, monitoring, and response capabilities; and 
(B) protect human health and safety, occu-
pational health and safety, and the environment 
and natural resources; and 
(2) organizational or other reforms of Federal 
agencies or processes, including the creation of new 
agencies, as necessary, to ensure that the improve-
ments described in paragraph (1) are implemented 
and maintained. 
(b) PURPOSES.—In developing recommendations 
under subsection (a), the Commission shall ensure that 
the following goals are met: 
(1) Ensuring the safe operation and mainte-
nance of offshore drilling platforms or vessels. 
(2) Protecting the health and safety of workers 
on offshore drilling platforms or vessels. 
(3) Protecting the overall environment and nat-
ural resources surrounding ongoing and potential 
offshore drilling sites. 
(4) Protecting the health and safety of workers 
that service offshore drilling platforms or vessels. 
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(5) Developing and maintaining Federal agency 
expertise on the safe and effective use of offshore 
drilling technologies, including technologies to mini-
mize the risk of release of oil from offshore drilling 
platforms or vessels. 
(6) Encouraging the development and imple-
mentation of efficient and effective oil spill response 
techniques and technologies that minimize or elimi-
nate any adverse effects on natural resources or the 
environment that result from response activities. 
(7) Protecting the health and safety of first re-
sponders against releases of oil from offshore drilling 
platforms or vessels. 
(8) Ensuring that the Federal agencies regu-
lating offshore drilling are staffed with, and man-
aged by, career professionals, who are— 
(A) permitted to exercise independent pro-
fessional judgments and make safety the high-
est priority in carrying out their responsibilities; 
(B) not subject to undue influence from 
regulated interests or political appointees; and 
(C) subject to strict regulation to prevent 
improper relationships with regulated interests 
and to eliminate real or perceived conflicts of 
interests. 
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(c) REPORT TO CONGRESS.—In coordination with the 
final public report to the President, the Commission shall 
submit to Congress a report containing the recommenda-
tions developed under subsection (a). 
SEC. 27. FEDERAL ENFORCEMENT ACTIONS. 
Section 309(g)(6)(A) of the Federal Water Pollution 
Control Act (33 U.S.C. 1319(g)(6)(A)) is amended by 
striking ‘‘or section 311(b)’’. 
SEC. 28. TIME REQUIRED BEFORE ELECTING TO PROCEED 
WITH JUDICIAL CLAIM OR AGAINST THE 
FUND. 
Paragraph (2) of section 1013(c) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2713(c)) is amended by striking 
‘‘90’’ and inserting ‘‘45’’. 
SEC. 29. REPORT ON FORMER COAST GUARD OFFICIALS 
EMPLOYED BY RECOGNIZED ORGANIZATIONS 
OF FOREIGN FLAG ADMINISTRATIONS. 
(a) REPORT REQUIRED.—Not later than 1 year after 
the date of enactment of this Act and annually thereafter, 
the Comptroller General of the United States shall submit 
a report to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate on the employment during the preceding year of 
individuals who were Coast Guard officials in the previous 
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5-year period, by recognized organizations contracted to 
administer maritime programs for foreign flag administra-
tions. 
(b) OBJECTIVES OF REPORT.—At a minimum, the 
report required by this section shall assess the extent to 
which former Coast Guard officials who received com-
pensation from recognized organizations were assigned to 
work on matters over which the former Coast Guard offi-
cials had oversight, inspection responsibility, or decision- 
making authority when the officials served in or worked 
for the Coast Guard. The report shall assess the extent 
to which former Coast Guard officials were provided com-
pensation by recognized organizations and the positions 
held by former Coast Guard officials in the preceding cal-
endar year. 
(c) CONFIDENTIALITY REQUIREMENT.—The report 
required by this subsection shall not include the names 
of the former Coast Guard officials who received com-
pensation from recognized organizations. 
(d) ACCESS
TO INFORMATION.—The Comptroller 
General may seek agreements with recognized organiza-
tions to obtain access to information for the purpose of 
preparing reports required by this section. 
(e) DEFINITIONS.—In this section: 
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(1) FOREIGN
FLAG
ADMINISTRATION.—The 
term ‘‘foreign flag administration’’ means the mari-
time administration, maritime agency, or similar 
governmental organization of a country other than 
the United States that maintains a register of ves-
sels and performs some or all of the following statu-
tory functions with respect to maritime programs: 
(A) Issues certificates of registry and man-
ning certificates. 
(B) Conducts or contracts with recognized 
organizations to conduct safety inspections. 
(C) Issues radio station licenses. 
(D) Certifies maritime officers and unli-
censed seamen and conducts inquiries into 
charges of incompetence or misconduct. 
(E) Regulates the construction, equipment, 
and operation of vessels under its flag. 
(F) Monitors vessels’ compliance with 
international and national standards for marine 
safety, pollution prevention, and security. 
(G) Investigates marine casualties. 
(2) RECOGNIZED
ORGANIZATION.—The term 
‘‘recognized organization’’ means an organization, 
such as a classification society or a corporation, to 
which a foreign flag administration has delegated 
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some or all of its statutory functions with respect to 
maritime programs. 
(3) COAST GUARD OFFICIAL.—The term ‘‘Coast 
Guard official’’ includes former Coast Guard offi-
cers, enlisted personnel, or civilian employees who 
had responsibilities for— 
(A) issuing certificates of registry and 
manning certificates; 
(B) safety inspections; 
(C) certification of maritime officers and 
unlicensed seamen; 
(D) conducting inquiries into charges of 
incompetence or misconduct of maritime offi-
cers and unlicensed seamen; 
(E) regulation of the construction, equip-
ment, and operation of vessels; 
(F) monitoring vessels’ compliance with 
international and national standards for marine 
safety, pollution prevention, and security; or 
(G) investigating marine casualties. 
SEC. 30. AUTHORIZED LEVEL OF COAST GUARD PER-
SONNEL. 
The Coast Guard is authorized an end-of-year 
strength for active duty personnel of 47,300 for fiscal year 
2011, of which at least 300 personnel shall be assigned 
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to implement the activities of the Coast Guard under this 
Act, including the amendments made by this Act. 
SEC. 31. CLARIFICATION OF MEMORANDUMS OF UNDER-
STANDING. 
Not later than September 30, 2011, the President 
(acting through the head of the appropriate Federal de-
partment or agency) shall implement or revise, as appro-
priate, memorandums of understanding to clarify the roles 
and jurisdictional responsibilities of the Environmental 
Protection Agency, the Coast Guard, the Department of 
Transportation, and other Federal agencies relating to the 
prevention of oil discharges from tank vessels, nontank 
vessels, and facilities subject to the Oil Pollution Act of 
1990. 
SEC. 32. AUTHORIZATION OF APPROPRIATIONS. 
(a) COAST GUARD.—In addition to amounts made 
available pursuant to section 1012(a)(5)(A) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2712(a)(5)(A)), there is au-
thorized to be appropriated to the Secretary of the depart-
ment in which the Coast Guard is operating from the Oil 
Spill Liability Trust Fund established by section 9509 of 
the Internal Revenue Code of 1986 (26 U.S.C. 9509) the 
following: 
(1) For fiscal year 2011, $15,000,000. 
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(2) For each of fiscal years 2012 through 2015, 
$16,000,000. 
(b) ENVIRONMENTAL PROTECTION AGENCY.—There 
is authorized to be appropriated to the Administrator of 
the Environmental Protection Agency from the Oil Spill 
Liability Trust Fund to implement this Act and the 
amendments made by this Act $10,000,000 for each of 
fiscal years 2011 through 2015. 
(c) DEPARTMENT OF TRANSPORTATION.—There is 
authorized to be appropriated to the Secretary of Trans-
portation from the Oil Spill Liability Trust Fund to carry 
out the purposes of this Act and the amendments made 
by this Act the following: 
(1) For each of fiscal years 2011 through 2013, 
$7,000,000. 
(2) For each of fiscal years 2014 and 2015, 
$6,000,000. 
Æ 
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