tions 30505 through 30512 and inserting the fol-
lowing: 
‘‘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 enactment 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 amended— 
(1) in section 30302— 
(A) by inserting ‘‘or law’’ after ‘‘admi-
ralty’’; and 
(B) by striking the last sentence and insert-
ing ‘‘The action shall be for the exclusive benefit 
of the survivors, including the decedent’s spouse, 
parent, child, or dependent relatives.’’; 
(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 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
(C) by adding at the end the following: ‘‘In 
this section, the term ‘nonpecuniary loss’ means 
losses authorized under general maritime law in-
cluding 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 analysis at the beginning of such 
chapter, by striking the item relating to section 
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, including 
such claims pending on or before the date of enactment of 
this Act. 
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’’; 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
(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, including 
such claims pending on or before the date of enactment 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: 
‘‘(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 documenta-
tion with a registry endorsement is issued and that is 
owned by a citizen of the United States (as determined 
under section 50501(d)) may engage in support of explo-
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
ration, 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 cus-
tomary 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 reg-
ulation of such operation is not prohibited under cus-
tomary 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 imple-
mentation of the amendments made by this section. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
SEC. 12. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFF-
SHORE DRILLING UNITS. 
Section 3203 of title 46, United States Code, is amend-
ed— 
(1) by redesignating subsection (b) as subsection 
(c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The safe-
ty management system described in subsection (a) for a mo-
bile offshore drilling unit operating in waters subject to the 
jurisdiction of the United States (including the exclusive 
economic zone) shall include processes, procedures, and poli-
cies 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 amend-
ed by adding at the end the following: 
‘‘(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).’’. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
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 following: 
‘‘§ 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 employ-
ees of the Coast Guard are assigned to those positions. 
‘‘(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 marine safe-
ty are identified in terms of the education, training, experi-
ence, and assignments necessary for career progression 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-
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
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 equipment 
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 com-
mercial vessels; 
‘‘(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 offshore 
drilling units shall have knowledge, skill, and prac-
tical experience in— 
‘‘(A) Federal, State, and international law 
compliance; 
‘‘(B) personnel training; 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(C) drilling operations; 
‘‘(D) mobile offshore drilling unit and mar-
itime safety; 
‘‘(E) the effect of weather on mobile offshore 
drilling unit safety and operations; 
‘‘(F) ship handling and positioning; and 
‘‘(G) emergency procedures. 
‘‘(d) APPRENTICESHIP REQUIREMENTS.— 
‘‘(1) IN GENERAL.—An officer, member, or civil-
ian 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 di-
rected by the Commandant, under the guidance of a 
qualified marine inspector (including an inspector of 
mobile offshore drilling units), marine casualty inves-
tigator, or marine safety engineer. The Commandant 
may authorize shorter apprenticeship periods for cer-
tain 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 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
responding to casualties involving highly special-
ized 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 spe-
cialized vessel’ includes mobile offshore drilling 
units, tank vessels, and vessels carrying certain 
dangerous cargoes as defined by the Com-
mandant.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following: 
‘‘99. Marine safety workforce.’’. 
(c) SUPPORT FOR MARITIME SAFETY AND SECURITY 
TEAMS PARTICIPATING IN ‘‘DEEPWATER HORIZON’’ RE-
SPONSE.— 
(1) REVIEW AND REPORT.—The Secretary of the 
department in which the Coast Guard is operating 
shall review and report to Congress on the needs of 
maritime safety and security teams participating in 
patrols and setup of safety zones for, and manage-
ment of, the discharge of oil that began in 2010 in 
connection with the explosion on, and sinking of, the 
mobile offshore drilling unit Deepwater Horizon. 
(2) FUNDING.—There is authorized to be appro-
priated to such Secretary, to remain available until 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
expended, such sums as are necessary to support the 
response of the Coast Guard and any Coast Guard 
maritime safety and security team in such patrols, 
setup of safety zones, and management. 
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, re-
spectively, and by inserting after section 7103 the fol-
lowing: 
‘‘§ 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 busi-
ness or functions of a mobile offshore drilling unit, includ-
ing 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 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘section 7106 or 7107’’ and inserting ‘‘section 7107 
or 7108’’. 
(3) CLERICAL AMENDMENT.—The analysis at the 
beginning of such chapter is amended by striking the 
items relating to sections 7104 through 7114 and in-
serting 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 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: 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘§ 426. Emergency leave retention authority 
‘‘(a) IN GENERAL.—A duty assignment for an active 
duty member of the Coast Guard in support of a declaration 
of a major disaster or emergency by the President under 
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121 et seq.) or in response to a 
spill of national significance shall be treated, for the pur-
pose 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 discharge 
of oil or a hazardous substance that is declared 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-
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
nating paragraphs (4) through (6) as paragraphs (3) 
through (5), respectively. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) takes effect on January 1, 2011. 
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 mobile 
offshore drilling unit, as such term is defined in sec-
tion 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 
2701), is not eligible to operate without a response 
plan approved under this section.’’. 
SEC. 19. NATIONAL CONTINGENCY PLAN. 
(a) GUIDELINES FOR CONTAINMENT BOOMS.—Section 
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: 
‘‘(N) Guidelines regarding the use of con-
tainment booms to contain a discharge of oil or 
a hazardous substance, including identification 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
of quantities of containment booms likely to be 
needed, available sources of containment booms, 
and best practices for containment boom place-
ment, monitoring, and maintenance.’’. 
(b) SCHEDULE FOR USE OF DISPERSANTS, OTHER 
CHEMICALS, AND OTHER SPILL MITIGATING DEVICES AND 
SUBSTANCES.—Section 311(d) of the Federal Water Pollu-
tion Control 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 para-
graph, the President, acting through the Admin-
istrator, after providing notice and an oppor-
tunity for public comment, shall issue a revised 
regulation for the development of the 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 para-
graph and shall modify the existing schedule to 
take into account the requirements of the revised 
regulation. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(B) SCHEDULE LISTING REQUIREMENTS.— 
In issuing the regulation under subparagraph 
(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 ef-
fectiveness of such dispersant, chemical, 
or substance; 
‘‘(III) establish a framework for 
the application of any such dispersant, 
chemical, or substance, including— 
‘‘(aa) quantity restrictions or 
application conditions; 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(bb) the quantity thresholds 
for which consultation with and 
approval by the Regional Re-
sponse Team and the Federal On- 
Scene Coordinator is required; 
‘‘(cc) the criteria to be used 
to develop the appropriate max-
imum quantity of any such dis-
persant, chemical, or substance 
that the Administrator determines 
may be used, both on a daily and 
cumulative basis; and 
‘‘(dd) a ranking, by geo-
graphic area, of any such dispers-
ant, chemical, or substance based 
on a combination of its effective-
ness for each type of oil and its 
level of toxicity; 
‘‘(IV) establish a requirement that 
the volume of oil or hazardous sub-
stance discharged, and the volume and 
location of any such dispersant, chem-
ical, or substance used, be measured 
and made publicly available; 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(V) notwithstanding any other 
provision of law, require the public 
disclosure of the specific chemical iden-
tity, including the chemical and com-
mon 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 mechanism 
for the delisting of any such dispers-
ant, 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 environment; 
‘‘(ii) with respect to a dispersant, other 
chemical, and other spill mitigating sub-
stance not specifically identified on the 
schedule, and prior to the use of such dis-
persant, chemical, or substance in accord-
ance with paragraph (2)(G), establish— 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(I) the minimum toxicity and ef-
ficacy levels for such dispersant, chem-
ical, 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 ac-
cording to guidelines developed and 
published by the Administrator; and 
‘‘(II) in addition to existing au-
thority, expressly provide a mechanism 
for the delisting of any such device 
based on any information made avail-
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
able to the Administrator that dem-
onstrates that such device poses a sig-
nificant 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 locations 
where such dispersants, chemicals, or 
substances may potentially be used; 
‘‘(II) on human health, including 
individuals most likely to come into 
contact with such dispersants, chemi-
cals, or substances, such as oil spill re-
sponse action workers; and 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(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 manufac-
turers of dispersants, chemicals, or sub-
stances 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 sub-
stances and any byproducts generated 
by such use and to provide the details 
of such evaluation as a condition for 
listing on the schedule according to 
guidelines developed and published by 
the Administrator. 
‘‘(II) MINIMUM
REQUIREMENTS 
FOR
EVALUATION.—Any 
evaluation 
carried out by a manufacturer under 
this clause shall include— 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(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 appli-
cation 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, 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 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
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 coordina-
tion with the Administrator, for all uses of 
a dispersant, other chemical, or other spill 
mitigating substance in any removal action, 
including— 
‘‘(I) any such dispersant, chem-
ical, or substance that is included on 
the schedule developed pursuant to this 
subsection; or 
‘‘(II) any dispersant, chemical, or 
other substance that is included as part 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
an approved area contingency plan or 
response plan developed under this sec-
tion. 
‘‘(ii) REPEAL.—Any part of section 
300.910 of title 40, Code of Federal Regula-
tions, 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 stand-
ards developed under paragraph (2)(J) to deter-
mine their sufficiency in ceasing and removing 
a worst case discharge of oil or hazardous sub-
stances, and for mitigating or preventing a sub-
stantial threat of such a discharge. 
‘‘(B) RULEMAKING.—Not later than 1 year 
after the date of enactment of this paragraph, the 
President, after providing notice and an oppor-
tunity for public comment, shall undertake a 
rulemaking to— 
‘‘(i) revise the procedures and stand-
ards for ceasing and removing a worst case 
discharge of oil or hazardous substances, 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
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 consistent 
with the procedures and standards devel-
oped pursuant to this paragraph.’’. 
(c) INCLUSION
OF CONTAINMENT BOOMS
IN AREA 
CONTINGENCY PLANS.—Section 311(j)(4)(C)(iv) of such Act 
(33 U.S.C. 1321(j)(4)(C)(iv)) is amended by striking ‘‘(in-
cluding firefighting equipment)’’ and inserting ‘‘(including 
firefighting equipment and containment booms)’’. 
SEC. 20. TRACKING DATABASE. 
Section 311(b) of the Federal Water Pollution Control 
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 cre-
ate 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; 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(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, oper-
ator, or person in charge of the vessel 
or facility; 
‘‘(III) the date of the discharge; 
‘‘(IV) the volume of the discharge; 
‘‘(V) the location of the discharge, 
including an identification of any re-
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
ceiving waters that are or could be af-
fected 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 nec-
essary; 
‘‘(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.’’. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
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 following: 
‘‘§ 60138. Safety of transportation-related offshore 
platforms 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall conduct an analysis of the adequacy of existing regula-
tions and standards for the safety of transportation-related 
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, organization, 
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 Sec-
retary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation 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 address-
ing the safety or integrity of transportation-related offshore 
platforms, including any recommendations for legislative or 
regulatory action. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(d) TRANSPORTATION-RELATED OFFSHORE PLAT-
FORM DEFINED.—In this section, the term ‘transportation- 
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 RE-
SPONSE PLANS.—Section 311(j)(5)(A) of the Federal 
Water 
Pollution 
Control 
Act 
(33 
U.S.C. 
1321(j)(5)(A)) is amended by adding at the end the 
following: 
‘‘(iii) In issuing the regulations under this para-
graph, the President shall ensure that— 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
retary or Administrator, as appropriate, deter-
mines and notifies the owner, operator, or person 
in charge that the plan, if implemented, will 
provide an adequate response to a worst-case dis-
charge of oil or a hazardous substance or a sub-
stantial threat of such a discharge. 
‘‘(iv)(I) The Secretary of the department in 
which the Coast Guard is operating, the Secretary of 
Transportation, or the Administrator, as appropriate, 
shall require that a plan submitted to the Secretary 
or Administrator for a vessel or facility under clause 
(iii)(I) or (iii)(II) by an owner, operator, or person 
in charge— 
‘‘(aa) contain a probabilistic risk analysis 
for all critical engineered systems of the vessel or 
facility; and 
‘‘(bb) adequately address all risks identified 
in the risk analysis. 
‘‘(II) The Secretary or Administrator, as appro-
priate, shall require that a risk analysis developed 
under subclause (I) include, at a minimum, the fol-
lowing: 
‘‘(aa) An analysis of human factors risks, 
including both organizational and management 
failure risks. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(bb) An analysis of technical failure risks, 
including both component technologies and inte-
grated systems risks. 
‘‘(cc) An analysis of interactions between 
humans and critical engineered systems. 
‘‘(dd) Quantification of the likelihood of 
modes of failure and potential consequences. 
‘‘(ee) A description of methods for reducing 
known risks. 
‘‘(III) The Secretary or Administrator, as appro-
priate, shall require an owner, operator, or person in 
charge that develops a risk analysis under subclause 
(I) to make the risk analysis available to the public.’’. 
(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 vessel, 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
nontank vessel, or offshore facility, the President 
shall— 
‘‘(i) promptly review the response plan; 
‘‘(ii) verify that the response plan complies 
with subparagraph (A)(iv), relating to risk anal-
yses; 
‘‘(iii) with respect to a plan for an offshore 
or onshore facility or a tank vessel that carries 
liquefied natural gas, provide an opportunity for 
public notice and comment on the response plan; 
‘‘(iv) taking into consideration any public 
comments received and other appropriate factors, 
as determined by the President, require revisions 
to the response plan; 
‘‘(v) approve, approve with revisions, or 
disapprove the response plan; 
‘‘(vi) review the response plan periodically 
thereafter, and if applicable requirements are not 
met, acting through the head of the appropriate 
Federal department or agency— 
‘‘(I) issue administrative orders direct-
ing the owner, operator, or person in charge 
to comply with the response plan or any 
regulation issued under this section; or 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(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, re-
ceive approval of, adhere to, or maintain 
the capability to implement the response 
plan, or failure to comply with any other 
requirement of this section; 
‘‘(vii) acting through the head of the appro-
priate Federal department or agency, require, at 
a minimum, biennial inspections conducted by 
such agency of the tank vessel, nontank vessel, or 
facility to ensure compliance with the response 
plan or identify deficiencies in such plan; 
‘‘(viii) 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 
‘‘(ix) 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.’’. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
(3) BIENNIAL
REPORT.—Section 311(j)(5) of 
such Act (33 U.S.C. 1321(j)(5)) is amended by adding 
at the end the following: 
‘‘(J) Not later than 2 years after the date of en-
actment of this subparagraph, and biennially there-
after, the President, acting through the Adminis-
trator, 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-
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, 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
operator, or person in charge, including a de-
scription of the violation, the date of violation, 
the amount of each penalty proposed, and the 
final assessment of each penalty and an expla-
nation 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 Transpor-
tation,’’ before ‘‘or the Secretary of the department in 
which the Coast Guard is operating’’. 
(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 Ad-
ministrator’’. 
(B) ADMINISTRATIVE PENALTIES FOR FAIL-
URE TO PROVIDE NOTICE.—Section 311(b)(6)(A) 
of such Act (33 U.S.C. 1321(b)(6)(A)) is further 
amended— 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
(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 subsection 
(c) or (e) or any regulation’’; 
(iii) by redesignating clause (ii) as 
clause (iii); 
(iv) by inserting after clause (i) the 
following: 
‘‘(ii) who fails to provide notice to the 
appropriate Federal agency pursuant to 
paragraph (5), or’’; and 
(v) by adding at the end the following: 
‘‘Whenever the President delegates the au-
thority to issue regulations under subsection 
(j), the agency that issues regulations pur-
suant to that authority shall have the au-
thority to assess a civil penalty in accord-
ance with this section for violations of such 
regulations.’’. 
(C) 
PENALTY
AMOUNTS.—Section 
311(b)(6)(B) 
of 
such 
Act 
(33 
U.S.C. 
1321(b)(6)(B)) is amended— 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
(i) in clause (i)— 
(I) by striking ‘‘$10,000’’ and in-
serting ‘‘$100,000’’; and 
(II) by striking ‘‘$25,000’’ and in-
serting ‘‘$250,000’’; and 
(ii) in clause (ii)— 
(I) by striking ‘‘$10,000’’ and in-
serting ‘‘$100,000’’; and 
(II) by striking ‘‘$125,000’’ and 
inserting ‘‘$1,000,000’’. 
(2) CIVIL PENALTIES.—Section 311(b)(7) of such 
Act (33 U.S.C. 1321(b)(7)) is amended— 
(A) in subparagraph (A)— 
(i) by striking ‘‘$25,000’’ and inserting 
‘‘$100,000’’; and 
(ii) by striking ‘‘$1,000’’ and inserting 
‘‘$2,500’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘described in subpara-
graph (A)’’; 
(ii) in clause (i) by striking ‘‘carry out 
removal of the discharge under an order of 
the President pursuant to subsection (c); or’’ 
and inserting ‘‘comply with any action re-
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
quired by the President pursuant to sub-
section (c),’’; 
(iii) 
in 
clause 
(ii) 
by 
striking 
‘‘(1)(B)’’; 
(iv) by redesignating clause (ii) as 
clause (iii); 
(v) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) fails to provide notice to the ap-
propriate Federal agency pursuant to para-
graph (5), or’’; and 
(vi) by striking ‘‘$25,000’’ and insert-
ing ‘‘$100,000’’; 
(C) in subparagraph (C)— 
(i) by striking ‘‘$25,000’’ and inserting 
‘‘$100,000’’; and 
(ii) by adding at the end the following: 
‘‘Whenever the President delegates the au-
thority to issue regulations under subsection 
(j), the agency that issues regulations pur-
suant to that authority shall have the au-
thority to order injunctive relief or assess a 
civil penalty in accordance with this section 
for violations of such regulations and the 
authority to refer the matter to the Attorney 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
General for action under subparagraph 
(E).’’; 
(D) in subparagraph (D)— 
(i) by striking ‘‘$100,000’’ and insert-
ing ‘‘$1,000,000’’; and 
(ii) by striking ‘‘$3,000’’ and inserting 
‘‘$7,500’’; and 
(E) in subparagraph (E) by adding at the 
end the following: ‘‘The court may award appro-
priate relief, including a temporary or perma-
nent injunction, civil penalties, compliance re-
quirements, 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 inserting ‘‘monitor, including through the use 
of an administrative order, all’’. 
SEC. 23. OIL AND HAZARDOUS SUBSTANCE CLEANUP TECH-
NOLOGIES. 
Section 311(j) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(j)) is amended by adding at the end 
the following: 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(9) OIL AND HAZARDOUS SUBSTANCE CLEANUP 
TECHNOLOGIES.—The President, acting through the 
Secretary of the department in which the Coast 
Guard is operating, shall— 
‘‘(A) in coordination with the heads of other 
appropriate Federal agencies, establish a process 
for— 
‘‘(i) quickly and effectively soliciting, 
assessing, and deploying offshore oil and 
hazardous substance cleanup technologies in 
the event of a discharge or substantial 
threat of a discharge of oil or a hazardous 
substance in United States waters; and 
‘‘(ii) effectively coordinating with other 
appropriate agencies, industry, academia, 
small businesses, and others to ensure the 
best technology available is implemented in 
the event of such a discharge or threat; and 
‘‘(B) in coordination with the heads of other 
appropriate Federal agencies, maintain a data-
base on best available oil and hazardous sub-
stance cleanup technologies in the event of a dis-
charge or substantial threat of a discharge of oil 
or a hazardous substance in United States wa-
ters.’’. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
SEC. 24. 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 inserting 
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 del-
egate the responsibilities under subparagraph 
(B) to the Administrator. 
‘‘(B) 
RESPONSIBILITIES.—The 
Adminis-
trator shall ensure that Environmental Protec-
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 safe-
ty from impacts of a discharge or substan-
tial threat of a discharge of oil or a haz-
ardous substance; 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(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)(5)(E); 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 del-
egate the responsibilities under subparagraph 
(B) to the Secretary of the department in which 
the Coast Guard is operating. 
‘‘(B) 
RESPONSIBILITIES.—The 
Secretary 
shall ensure that Coast Guard personnel develop 
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; 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(i) IN GENERAL.—The responsibilities 
delegated to the Secretary under subpara-
graph (B) shall be sufficient to allow the 
Coast Guard to act as a first responder to 
a discharge or substantial threat of a dis-
charge of oil or a hazardous substance from 
a tank vessel, nontank vessel, or offshore fa-
cility. 
‘‘(ii) 
CAPABILITIES.—The 
President 
shall ensure that the Coast Guard has suffi-
cient personnel and resources to act as a 
first responder as described in clause (i), in-
cluding the resources necessary for on-going 
training of personnel, acquisition of equip-
ment 
(including 
containment 
booms, 
dispersants, 
and 
skimmers), 
and 
prepositioning of equipment. 
‘‘(D) 
CONTRACTS.—The 
Secretary 
may 
enter into contracts with private and nonprofit 
organizations for personnel and equipment in 
carrying out the responsibilities delegated to the 
Secretary under subparagraph (B). 
‘‘(4) DEPARTMENT OF TRANSPORTATION.— 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(A) IN GENERAL.—The President shall del-
egate 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) have the authority to review and 
approve of, disapprove of, or require revi-
sions (if necessary) to transportation-related 
onshore facility response plans and to carry 
out all other responsibilities under sub-
section (j)(5)(E); and 
‘‘(iii) 
ensure 
that 
Department 
of 
Transportation 
personnel 
develop 
and 
maintain operational capability— 
‘‘(I) for effective inspection, moni-
toring, prevention, preparedness, and 
response authorities related to the dis-
charge or substantial threat of a dis-
charge of oil or a hazardous substance 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
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 impacts 
of a discharge or substantial threat of 
a discharge of oil or a hazardous sub-
stance from a transportation-related 
onshore facility.’’. 
SEC. 25. 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 following: 
‘‘(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 Secretary, 
or an earlier time determined appropriate by the Sec-
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
retary, of any changes to the operational status of the 
pipeline facility, including information concerning 
physical damages, releases of highly volatile liquid, 
other hazardous liquid, or gas, disruptions in service, 
and projected dates for return to service. 
‘‘(2) PREPARATION OF DAMAGE ASSESSMENTS.— 
Not later than 30 days after the cessation of a man-
made or natural disaster, as determined by the Sec-
retary, the operator of a pipeline facility in an af-
fected location shall develop and transmit to the Sec-
retary a written damage assessment. The damage as-
sessment, at a minimum, shall— 
‘‘(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 dam-
age to the pipeline facility and any other cred-
ible threat or hazard to the pipeline facility; 
‘‘(C) evaluate the integrity of the pipeline 
facility; 
‘‘(D) if necessary, provide a schedule for re-
pairing or abandoning the pipeline facility; and 
‘‘(E) meet any other requirements the Sec-
retary determines are appropriate by regulation. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(3) ABANDONMENT.—An operator of a pipeline 
facility shall notify the Secretary promptly if the op-
erator determines that the pipeline facility must be 
abandoned as a result of a manmade or natural dis-
aster. 
‘‘(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 sub-
section for at least 5 years. 
‘‘(5) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) ABANDON.—The term ‘abandon’ means 
permanently remove from service. 
‘‘(B) AFFECTED LOCATION.—The term ‘af-
fected location’ means any area directly or sub-
stantially affected by a manmade or natural dis-
aster, 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 injury to 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
persons, property, or the environment, as deter-
mined 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 ending 
on the date of issuance of a rule under paragraph (1), 
or the date that is 45 days after such date of enact-
ment, whichever is earlier, the Secretary shall issue 
interim guidance to the operator of a pipeline facility 
requiring notification of the Secretary and an assess-
ment of pipeline facilities located in an affected area 
in the case of a manmade or natural disaster. 
SEC. 26. 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 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
(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. 27. 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 de-
velop recommendations for— 
(1) improvements to Federal laws, regulations, 
and industry practices applicable to offshore drilling 
that would— 
(A) ensure the effective oversight, inspection, 
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. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
(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 off-
shore drilling sites. 
(4) Protecting the health and safety of workers 
that service offshore drilling platforms or vessels. 
(5) Developing and maintaining Federal agency 
expertise on the safe and effective use of offshore drill-
ing technologies, including technologies to minimize 
the risk of release of oil from offshore drilling plat-
forms or vessels. 
(6) Encouraging the development and implemen-
tation of efficient and effective oil spill response tech-
niques and technologies that minimize or eliminate 
any adverse effects on natural resources or the envi-
ronment 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. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
(8) Ensuring that the Federal agencies regu-
lating offshore drilling are staffed with, and managed 
by, career professionals, who are— 
(A) permitted to exercise independent pro-
fessional judgments and make safety the highest 
priority in carrying out their responsibilities; 
(B) not subject to undue influence from reg-
ulated 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 in-
terests. 
(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. 28. 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 strik-
ing ‘‘or section 311(b)’’. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
SEC. 29. 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. 30. REPORT ON FORMER COAST GUARD OFFICIALS EM-
PLOYED 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 Committee 
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 5-year pe-
riod, by recognized organizations contracted to administer 
maritime programs for foreign flag administrations. 
(b) OBJECTIVES OF REPORT.—At a minimum, the re-
port required by this section shall assess the extent to which 
former Coast Guard officials who received compensation 
from recognized organizations were assigned to work on 
matters over which the former Coast Guard officials had 
oversight, inspection responsibility, or decision-making au-
thority when the officials served in or worked for the Coast 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS
Guard. The report shall assess the extent to which former 
Coast Guard officials were provided compensation by recog-
nized organizations and the positions held by former Coast 
Guard officials in the preceding calendar year. 
(c) CONFIDENTIALITY REQUIREMENT.—The report re-
quired by this subsection shall not include the names of the 
former Coast Guard officials who received compensation 
from recognized organizations. 
(d) ACCESS TO INFORMATION.—The Comptroller Gen-
eral may seek agreements with recognized organizations to 
obtain access to information for the purpose of preparing 
reports required by this section. 
(e) DEFINITIONS.—In this section: 
(1) FOREIGN FLAG ADMINISTRATION.—The term 
‘‘foreign flag administration’’ means the maritime 
administration, maritime agency, or similar govern-
mental organization of a country other than the 
United States that maintains a register of vessels and 
performs some or all of the following statutory func-
tions 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. 
VerDate Mar 15 2010 
21:00 Jul 27, 2010
Jkt 089200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6203
E:\BILLS\H5629.RH
H5629
hsrobinson on DSK69SOYB1PROD with BILLS