IB 
Union Calendar No. 326 
111TH CONGRESS 
2D SESSION 
H. R. 5629 
[Report No. 111–567, Part I] 
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 
JULY 27, 2010 
Additional sponsors: Ms. JACKSON LEE of Texas, Mr. HARE, Mr. FILNER, 
Mr. JOHNSON of Georgia, Ms. RICHARDSON, Mr. KAGEN, Mr. HALL of 
New York, and Mr. CARNAHAN 
JULY 27, 2010 
Reported from the Committee on Transportation and Infrastructure 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 27, 2010 
Committees on the Judiciary and Natural Resources discharged; committed to 
the Committee of the Whole House on the State of the Union and or-
dered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 29, 2010] 
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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. Oil and hazardous substance cleanup technologies. 
Sec. 24. Implementation of oil spill prevention and response authorities. 
Sec. 25. Disaster damage notification and assessment. 
Sec. 26. Impacts to Indian Tribes. 
Sec. 27. National Commission study of Federal management and oversight of off-
shore drilling. 
Sec. 28. Federal enforcement actions. 
Sec. 29. Time required before electing to proceed with judicial claim or against 
the Fund. 
Sec. 30. Report on former Coast Guard officials employed by recognized organiza-
tions of foreign flag administrations. 
Sec. 31. Authorized level of Coast Guard personnel. 
Sec. 32. Clarification of memorandums of understanding. 
Sec. 33. Study of health effects of oil spill. 
Sec. 34. Offshore energy security. 
Sec. 35. Oil spill response vessel database. 
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Sec. 36. Offshore sensing and monitoring systems. 
Sec. 37. Vice commandant; vice admirals. 
Sec. 38. Oil and gas exploration and production. 
Sec. 39. Authorization of appropriations. 
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 insert-
ing ‘‘$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 Pro-
tection Act of 2010, and at least once every 3 years 
thereafter, the President shall review the limits on li-
ability specified in subsection (a) and shall by regula-
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tion revise such limits upward to reflect either the 
amount of liability that the President determines is 
commensurate with the risk of discharge of oil pre-
sented by a particular category of vessel or any in-
crease 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 enactment of this 
Act. 
SEC. 3. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 
OFFSHORE FACILITIES. 
(a) MODIFICATION.—Section 1016(c)(1) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2716(c)(1)) is amended— 
(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-
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quired by subparagraph (B) is justified 
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, produced, or 
transported by the responsible party, the 
evidence of financial responsibility required 
shall be for an amount determined by the 
President. 
‘‘(ii) ADJUSTMENT FOR ALL OFFSHORE 
FACILITIES.— 
‘‘(I) IN GENERAL.—Not later than 
3 years after the date of enactment of 
the Oil Spill Accountability and Envi-
ronmental 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 regula-
tion revise such level upwards to a 
level that the President determines is 
justified based on the relative oper-
ational, environmental, human health, 
and other risks posed by the quantity, 
quality, or location of oil that is ex-
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