instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Johnson-O'Malley Supplemental Indian 
Education Program Modernization Act''.
SEC. 2. INDIAN EDUCATION PROGRAM STUDENT COUNT UPDATE.
    The Act of April 16, 1934 (25 U.S.C. 5342 et seq.) (commonly 
referred to as the Johnson-O'Malley Act) is amended by adding at the 
end the following:
``SEC. 7. COMPUTATION OF STUDENT COUNT.
    ``(a) Definitions.--For the purposes of this Act, the following 
definitions apply:
        ``(1) Contracting party.--The term `contracting party' means an 
    entity that has a contract through a program authorized under this 
    Act.
        ``(2) Eligible entity.--The term `eligible entity' means an 
    entity that is eligible to apply for a contract for a supplemental 
    or operational support program under this Act, as outlined in 
    section 1.
        ``(3) Existing contracting party.--The term `existing 
    contracting party' means a contracting party that has a contract 
    under this Act that is in effect on the date of enactment of the 
    JOM Modernization Act.
        ``(4) JOM modernization act.--The term `JOM Modernization Act' 
    means the Johnson-O'Malley Supplemental Indian Education Program 
    Modernization Act.
        ``(5) New contracting party.--The term `new contracting party' 
    means an entity that enters into a contract under this Act after 
    the date of enactment of the JOM Modernization Act.
        ``(6) Secretary.--The term `Secretary' means the Secretary of 
    the Interior.
    ``(b) Determination of the Number of Eligible Indian Students.--
        ``(1) Initial determinations.--
            ``(A) In general.--The Secretary shall make an initial 
        determination of the number of eligible Indian students served 
        or potentially served by each eligible entity in accordance 
        with subparagraph (B).
            ``(B) Process for making the initial determination.--
                ``(i) Preliminary report.--Not later than 180 days 
            after the date of enactment of the JOM Modernization Act, 
            the Secretary shall publish a preliminary report describing 
            the number of eligible Indian students served or 
            potentially served by each eligible entity, using the most 
            applicable and accurate data (as determined by the 
            Secretary in consultation with eligible entities) from the 
            fiscal year preceding the fiscal year for which the initial 
            determination is to be made from--

                    ``(I) the Bureau of the Census;
                    ``(II) the National Center for Education 
                Statistics; or
                    ``(III) the Office of Indian Education of the 
                Department of Education.

                ``(ii) Data reconciliation.--To improve the accuracy of 
            the preliminary report described in clause (i) prior to 
            publishing, the Secretary shall reconcile the data 
            described in the preliminary report with--

                    ``(I) each existing contracting party's data 
                regarding the number of eligible Indian students served 
                by the existing contracting party for the fiscal year 
                preceding the fiscal year for which the initial 
                determination is made; and
                    ``(II) identifiable tribal enrollment information.

                ``(iii) Comment period.--After publishing the 
            preliminary report under clause (i) in accordance with 
            clause (ii), the Secretary shall establish a 60-day comment 
            period to gain feedback about the preliminary report from 
            eligible entities, which the Secretary shall take into 
            consideration in preparing the final report described in 
            clause (iv).
                ``(iv) Final report.--Not later than 120 days after 
            concluding the consultation described in clause (iii), the 
            Secretary shall publish a final report on the initial 
            determination of the number of eligible Indian students 
            served or potentially served by each eligible entity, 
            including justification for not including any feedback 
            gained during such consultation, if applicable.
        ``(2) Subsequent academic years.--For each academic year 
    following the fiscal year for which an initial determination is 
    made under paragraph (1) to determine the number of eligible Indian 
    students served or potentially served by a contracting party, the 
    Secretary shall determine the number of eligible Indian students 
    served by the contracting party based on the reported eligible 
    Indian student count numbers identified through the reporting 
    process described in subsection (c).
    ``(c) Contracting Party Student Count Reporting Compliance.--
        ``(1) In general.--For each academic year following the fiscal 
    year for which an initial determination is made under subsection 
    (b) to determine the number of eligible Indian students served or 
    potentially served by a contracting party, the contracting party 
    shall submit to the Secretary a report describing the number of 
    eligible Indian students who were served using amounts allocated to 
    such party under this Act during the previous fiscal year. The 
    report shall also include an accounting of the amounts and purposes 
    for which the contract funds were expended.
        ``(2) Failure to comply.--A contracting party that fails to 
    submit a report under paragraph (1) shall receive no amounts under 
    this Act for the fiscal year following the academic year for which 
    the report should have been submitted.
        ``(3) Notice.--The Secretary shall provide contracting parties 
    with timely information relating to--
            ``(A) initial and final reporting deadlines; and
            ``(B) the consequences of failure to comply outlined in 
        paragraph (2).
        ``(4) Technical assistance.--The Secretary, acting through the 
    Director of the Bureau of Indian Education, shall provide technical 
    assistance and training on compliance with the reporting 
    requirements of this subsection to contracting parties.
    ``(d) Annual Report.--
        ``(1) In general.--The Secretary shall prepare an annual 
    report, including the most recent determination of the number of 
    eligible Indian students served by each contracting party, 
    recommendations on appropriate funding levels for the program based 
    on such determination, and an assessment of the contracts under 
    this Act that the Secretary--
            ``(A) may include in the budget request of the Department 
        of the Interior for each fiscal year;
            ``(B) shall submit to--
                ``(i) the Committee on Indian Affairs of the Senate;
                ``(ii) the Subcommittee on Interior, Environment, and 
            Related Agencies of the Committee on Appropriations of the 
            Senate;
                ``(iii) the Committee on Education and the Workforce of 
            the House of Representatives; and
                ``(iv) the Subcommittee on Interior, Environment, and 
            Related Agencies of the Committee on Appropriations of the 
            House of Representatives; and
            ``(C) shall make publicly available.
        ``(2) Manner of preparation.--The Secretary shall prepare the 
    report under paragraph (1) in a manner so as to prevent or minimize 
    new administrative burdens on contracting parties receiving funds 
    under this Act.
    ``(e) Hold Harmless.--
        ``(1) Initial hold harmless.--
            ``(A) In general.--Except as provided under subparagraph 
        (B) and subject to subparagraphs (C) and (D), for a fiscal 
        year, an existing contracting party shall not receive an amount 
        under this Act that is less than the amount that such existing 
        contracting party received under this Act for the fiscal year 
        preceding the date of enactment of the JOM Modernization Act.
            ``(B) Exceptions.--
                ``(i) In general.--An existing contracting party shall 
            receive an amount under this Act for a fiscal year that is 
            less than the amount that the existing contracting party 
            received under this Act for the fiscal year preceding the 
            date of enactment of the JOM Modernization Act, if one or 
            more of the following conditions is met:

                    ``(I) Failure to report.--The existing contracting 
                party failed to submit a complete report described in 
                subsection (c) that was most recently due from the date 
                of the determination.
                    ``(II) Violations of contract or law.--The 
                Secretary has found that the existing contracting party 
                has violated the terms of a contract entered into under 
                this Act or has otherwise violated Federal law.
                    ``(III) Student count decrease.--The number of 
                eligible Indian students reported by such existing 
                contracting party under subsection (c) has decreased 
                below the number of eligible Indian students served by 
                the existing contracting party in the fiscal year 
                preceding the date of enactment of the JOM 
                Modernization Act.

                ``(ii) Amount of funding reduction for existing 
            contracting parties reporting decreased student counts.--A 
            reduction in an amount pursuant to clause (i)(III) shall 
            not be done in such a manner that the existing contracting 
            party receives an amount of funding per eligible Indian 
            student that is less than the amount of funding per 
            eligible Indian student such party received for the fiscal 
            year preceding the date of enactment of the JOM 
            Modernization Act.
            ``(C) Ratable reductions in appropriations.--If the funds 
        available under this Act for a fiscal year are insufficient to 
        pay the full amounts that all existing contracting parties are 
        eligible to receive under subparagraph (A) for the fiscal year, 
        the Secretary shall ratably reduce those amounts for the fiscal 
        year.
            ``(D) Sunset.--This paragraph shall cease to be effective 4 
        years after the date of enactment of the JOM Modernization Act.
        ``(2) Maximum decrease after 4 years.--Beginning 4 years after 
    the date of enactment of the JOM Modernization Act, no contracting 
    party shall receive for a fiscal year more than a 10 percent 
    decrease in funding per eligible Indian student from the previous 
    fiscal year.
    ``(f) Funding Allocation and Reform.--
        ``(1) Funding reform.--The Secretary may make recommendations 
    for legislation to increase the amount of funds available per 
    eligible Indian student through contracts under this Act to equal 
    to or greater than the amount of funds that were available per 
    eligible Indian student through contracts under this Act for fiscal 
    year 1995, and attempt to identify additional sources of funding 
    that do not reallocate existing funds otherwise utilized by Indian 
    students served--
            ``(A) by the Bureau of Indian Education; or
            ``(B) under title VI of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7401 et seq.).
        ``(2) Increases in program funding.--
            ``(A) In general.--Subject to subsection (e) and 
        subparagraph (B), for any fiscal year for which the amount 
        appropriated to carry out this Act exceeds the amount 
        appropriated to carry out this Act for the preceding fiscal 
        year, the excess amounts shall--
                ``(i) be allocated only to those contracting parties 
            that did not receive their full per student funding 
            allocation for the previous fiscal year; and
                ``(ii) be allocated first to new contracting parties 
            that did not receive their full per student funding 
            allocation for the previous fiscal year.
            ``(B) Parity in funding.--Subparagraph (A) shall have no 
        effect after the first fiscal year for which each contracting 
        party receives their full per student funding allocation.
    ``(g) Increased Geographical and Tribal Participation in the 
Johnson-O'Malley Supplementary Education Program.--To the maximum 
extent practicable, the Secretary shall consult with Indian tribes and 
contact State educational agencies, local educational agencies, and 
Alaska Native organizations that have not previously entered into a 
contract under this Act--
        ``(1) to determine the interest of the Indian tribes, State 
    educational agencies, local educational agencies, and Alaska Native 
    organizations, in entering into such contracts; and
        ``(2) to share information relating to the process for entering 
    into a contract under this Act.
    ``(h) Rulemaking.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of the JOM Modernization Act, the Secretary, acting 
    through the Director of the Bureau of Indian Education, shall 
    undertake and complete a rulemaking process, following the 
    provisions of subchapter II of chapter 5 of title 5, United States 
    Code, to--
            ``(A) determine how the regulatory definition of `eligible 
        Indian student' may be revised to clarify eligibility 
        requirements for contracting parties under this Act;
            ``(B) determine, as necessary, how the funding formula 
        described in section 273.31 of title 25, Code of Federal 
        Regulations (as in effect on the day before the date of 
        enactment of the JOM Modernization Act) may be clarified and 
        revised to ensure full participation of contracting parties and 
        provide clarity on the funding process under this Act; and
            ``(C) otherwise reconcile and modernize the rules to 
        comport with the activities of the contracting parties under 
        this Act as of the date of enactment of the JOM Modernization 
        Act.
        ``(2) Report.--Not later than 30 days after the date the 
    rulemaking under paragraph (1) is complete, the Secretary shall 
    submit a report to Congress describing the results of such 
    rulemaking and necessary recommendations to ensure the full 
    implementation of such rulemaking.
    ``(i) Student Privacy.--The Secretary shall ensure that data is 
collected and each report is prepared under this section in a manner 
that protects the rights of eligible Indian students in accordance with 
section 444 of the General Education Provisions Act (commonly referred 
to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 
1232g).
    ``(j) GAO Report.--Not later than 18 months after the final report 
described in subsection (b)(1)(B)(iv) is published, the Comptroller 
General shall--
        ``(1) conduct a review of the implementation of this section 
    during the preceding 2-year period, including any factors 
    impacting--
            ``(A) the accuracy of the determinations of the number of 
        eligible Indian students under this section;
            ``(B) the communication between the Bureau of Indian 
        Education and contracting parties; and
            ``(C) the efforts by the Bureau of Indian Education to 
        ensure accurate and sufficient distribution of funding for 
        Indian students;
        ``(2) submit a report describing the results of the review 
    under paragraph (1) to--
            ``(A) the Committee on Indian Affairs of the Senate;
            ``(B) the Subcommittee on Interior, Environment, and 
        Related Agencies of the Committee on Appropriations of the 
        Senate;
            ``(C) the Subcommittee on Indian, Insular and Alaska Native 
        Affairs of the Committee on Natural Resources of the House of 
        Representatives; and
            ``(D) the Subcommittee on Interior, Environment, and 
        Related Agencies of the Committee on Appropriations of the 
        House of Representatives; and
        ``(3) make such report publicly available.
    ``(k) Effect.--Nothing in this section--
        ``(1) creates a new program or duplicates program activities 
    under this Act; or
        ``(2) replaces or diminishes the effect of regulations to carry 
    out this Act existing on the day before the date of enactment of 
    the JOM Modernization Act, unless expressly provided in this 
    section.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
answer:
Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill requires the Department of the Interior to annually update the count of Indian students eligible for the Johnson-O'Malley Program (JOM Program). The JOM Program awards contracts to tribal organizations, schools, states, and others to support the cultural and academic needs of Indian students. The contract amounts are based on the number of students served. Contracting parties must annually report to Interior on the number of students they serve. If they fail to submit the report, then Interior may not give them program funds for the next fiscal year.  The bill sets forth a process to revise funding allocations provided under the program.  Interior must consult with Indian tribes and state and local education agencies that have not participated in the program to determine their interest in entering into contracts. The Bureau of Indian Education must determine how: (1) the regulatory definition of eligible student may be clarified for contracting parties, and (2) the program funding formula may be updated to ensure the full participation of contracting parties and provide clarity on the funding process.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Breast and Cervical Cancer 
Early Detection Program Reauthorization Act of 2006''.

SEC. 2. NATIONAL BREAST AND CERVICAL CANCER EARLY DETECTION PROGRAM.

    Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) 
is amended--
            (1) in section 1501(d)--
                    (A) in the heading, by striking ``2000'' and 
                inserting ``2020''; and
                    (B) by striking ``by the year 2000'' and inserting 
                ``by the year 2020'';
            (2) in section 1503, by adding at the end the following:
    ``(d) Waiver of Services Requirement on Division of Funds.--
            ``(1) In general.--The Secretary shall establish a 
        demonstration project under which the Secretary, acting through 
        the Director of the Centers for Disease Control and Prevention, 
        may waive the requirements of paragraphs (1) and (4) of 
        subsection (a) for not more than 5 States, if--
                    ``(A)(i) the State involved will use the waiver to 
                leverage private funds to supplement each of the 
                services or activities described in paragraphs (1) and 
                (2) of section 1501(a); or
                    ``(ii) the application of such requirement would 
                result in a barrier to the enrollment of qualifying 
                women;
                    ``(B) the State involved provides assurances that 
                the State will, on an annual basis, demonstrate to the 
                Secretary the manner in which the State will use such 
                waiver to maintain or expand the level of screening and 
                follow-up services provided immediately prior to the 
                waiver, and provide documentation of compliance with 
                such maintenance or expansion requirement;
                    ``(C) the State involved submits to the Secretary a 
                plan for maintaining the level of activities carried 
                out under the waiver after the expiration of the 
                waiver;
                    ``(D) the Secretary finds that granting such a 
                waiver to a State will not reduce the number of women 
                in the State that receive each of the services or 
                activities described in paragraphs (1) and (2) of 
                section 1501(a), including making available screening 
                procedures for both breast and cervical cancers; and
                    ``(E) the Secretary finds that granting such a 
                waiver to a State will not adversely affect the quality 
                of each of the services or activities described in 
                paragraphs (1) and (2) of section 1501(a).
            ``(2) Duration of waiver.--
                    ``(A) In general.--In granting waivers under 
                paragraph (1), the Secretary--
                            ``(i) shall grant such waivers for a period 
                        of 2 years; and
                            ``(ii) upon request of a State, may extend 
                        a waiver for an additional 2-year period in 
                        accordance with subparagraph (B).
                    ``(B) Additional period.--The Secretary, upon the 
                request of a State that has received a waiver under 
                paragraph (1), shall, at the end of the 2-year waiver 
                period described in subparagraph (A), review 
                performance under the waiver and may extend the waiver 
                for an additional 2-year period if the Secretary 
                determines that--
                            ``(i)(I) without an extension of the 
                        waiver, there will be a barrier to the 
                        enrollment of qualifying women; or
                            ``(II) the State requesting such extended 
                        waiver will use the waiver to leverage private 
                        funds to supplement the services or activities 
                        described in paragraphs (1) and (2) of section 
                        1501(a);
                            ``(ii) the waiver has not, and will not, 
                        reduce the number of women in the State that 
                        receive the services or activities described in 
                        paragraphs (1) and (2) of section 1501(a);
                            ``(iii) the waiver has not, and will not, 
                        result in lower quality in the State of the 
                        services or activities described in paragraphs 
                        (1) and (2) of section 1501(a); and
                            ``(iv) the State has maintained the average 
                        annual level of State fiscal expenditures for 
                        the services and activities described in 
                        paragraphs (1) and (2) of section 1501(a) for 
                        the 2 years for which the waiver was granted at 
                        a level that is not less than the level of the 
                        State fiscal expenditures for such services and 
                        activities for the year preceding the first 
                        year for which the waiver is granted.
            ``(3) Reporting requirements.--The Secretary shall include 
        as part of the evaluations and reports required under section 
        1508, the following:
                    ``(A) A description of the total amount of dollars 
                leveraged annually from private entities in States 
                receiving a waiver under paragraph (1) and how these 
                amounts were used.
                    ``(B) With respect to States receiving a waiver 
                under paragraph (1), a description of the percentage of 
                the grant that is expended on providing each of the 
                services or activities described in--
                            ``(i) paragraphs (1) and (2) of section 
                        1501(a); and
                            ``(ii) paragraphs (3) through (6) of 
                        section 1501(a).
                    ``(C) A description of the number of States 
                receiving waivers under paragraph (1) annually.
                    ``(D) With respect to States receiving a waiver 
                under paragraph (1), a description of--
                            ``(i) the number of women receiving 
                        services under paragraphs (1), (2), and (3) of 
                        section 1501(a) in programs before and after 
                        the granting of such waiver; and
                            ``(ii) the average annual level of State 
                        fiscal expenditures for the services and 
                        activities described in paragraphs (1) and (2) 
                        of section 1501(a) for the year preceding the 
                        first year for which the waiver was granted.
            ``(4) Limitation.--Amounts to which a waiver applies under 
        this subsection shall not be used to increase the number of 
        salaried employees.
            ``(5) Definitions.--In this subsection:
                    ``(A) Indian tribe.--The term `Indian tribe' has 
                the meaning given the term in section 4 of the Indian 
                Health Care Improvement Act (25 U.S.C. 1603).
                    ``(B) Tribal organization.--The term `tribal 
                organization' has the meaning given the term in section 
                4 of the Indian Health Care Improvement Act.
                    ``(C) State.--The term `State' means each of the 
                several States of the United States, the District of 
                Columbia, the Commonwealth of Puerto Rico, American 
                Samoa, the Commonwealth of the Northern Mariana 
                Islands, the Republic of the Marshall Islands, the 
                Federated States of Micronesia, the Republic of Palau, 
                an Indian tribe, and a tribal organization.'';
            (3) in section 1508--
                    (A) in subsection (a), by striking ``evaluations of 
                the extent to which'' and all that follows through the 
                period and inserting: ``evaluations of--
            ``(1) the extent to which States carrying out such programs 
        are in compliance with section 1501(a)(2) and with section 
        1504(c); and
            ``(2) the extent to which each State receiving a grant 
        under this title is in compliance with section 1502, including 
        identification of--
                    ``(A) the amount of the non-Federal contributions 
                by the State for the preceding fiscal year, 
                disaggregated according to the source of the 
                contributions; and
                    ``(B) the proportion of such amount of non-Federal 
                contributions relative to the amount of Federal funds 
                provided through the grant to the State for the 
                preceding fiscal year.''; and
                    (B) in subsection (b), by striking ``not later than 
                1 year after the date on which amounts are first 
                appropriated pursuant to section 1509(a), and annually 
                thereafter'' and inserting ``not later than 1 year 
                after the date of the enactment of the National Breast 
                and Cervical Cancer Early Detection Program 
                Reauthorization of 2006, and annually thereafter''; and
            (4) in section 1510(a)--
                    (A) by striking ``and'' after ``$150,000,000 for 
                fiscal year 1994,''; and
                    (B) by inserting ``, $225,000,000 for fiscal year 
                2007, $245,000,000 for fiscal year 2008, $250,000,000 
                for fiscal year 2009, $255,000,000 for fiscal year 
                2010, and $275,000,000 for fiscal year 2011'' before 
                the period at the end.

            Passed the House of Representatives December 9 (legislative 
      day, December 8), 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
answer:
National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2006 - Amends the Public Health Service Act to change from 2000 to 2020 the target year for achieving the objectives established by the Secretary of Health and Human Services for reductions in the rate of mortality from breast and cervical cancer in the United States for the committee coordinating Public Health Service activities.

Directs the Secretary to establish a demonstration project which allows the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to waive requirements for awarding breast and cervical cancer grants that require 60% of grant funds to be spent on screening and referrals for medical treatments and no more than 40% to be spent on other activities for not more than five states, if: (1) the state involved will use the waiver to leverage private funds to supplement screening and referral services or the application of such requirements would result in a barrier to the enrollment of women; (2) the state involved provides assurance that the state will annually demonstrate how it will use the waiver to maintain or expand the level of screening and follow-up services provided; (3) the state involved submits to the Secretary a plan for maintaining the level of activities carried out under the waiver after the expiration of the waiver; (4) the Secretary finds that granting such a waiver to a state will not reduce the number of women in the state who receive such services, including screening for both breast and cervical cancers; and (5) the Secretary finds that granting such a waiver to a state will not adversely affect the quality of such services. Requires the Secretary to grant such waivers for a period of two years. Allows the Secretary to extend a waiver, upon request of a state, for additional two-year periods if the Secretary reviews performance under the waiver and finds that the waiver requirements are and have been met.

Requires the Secretary to include as part of the evaluations of the activities carried out pursuant to breast and cervical cancer grants: (1) the total amount of dollars leveraged annually from private entities in states receiving a waiver and how these amounts were used; (2) for states receiving a waiver, the percentages of the grant expended on screening and referral services and on other services or activities; (3) the number of states receiving waivers annually; (4) the number of women receiving screening and referral services in programs before and after the granting of a waiver; (5) the average annual level of state fiscal expenditures for such services for the year preceding the grant of the waiver; and (6) the amount of non-federal contributions by the state according to source and the proportion of non-federal funds to federal funds. Prohibits the use of amounts to which a waiver applies to increase the number of salaried employees.

Authorizes appropriations for breast and cervical cancer grants from FY2007-FY2011.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guaranteed Oil Spill Compensation 
Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
        seq.)--
                    (A) was passed directly in response to the Exxon 
                Valdez oil spill;
                    (B) establishes strict liability for parties 
                responsible for the discharge of oil into navigable 
                waters, shorelines, or the exclusive economic zone;
                    (C) establishes liability for damages, including 
                damages related to all cleanup and removal costs, 
                natural resources, real or personal property, 
                subsistence use of natural resources, government 
                revenues, diminished profit and earning capacity, and 
                increased public services; and
                    (D) limits the liability of responsible parties for 
                damages beyond removal costs by vessel and facility 
                type;
            (2) the annual report of the Coast Guard on liability 
        limits under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
        seq.) for fiscal year 2009 indicates that 51 vessel oil spills 
        since the date of enactment of that Act caused damages that 
        exceeded the liability limits for the applicable class of 
        vessel;
            (3) in the Coast Guard and Maritime Transportation Act of 
        2006 (Public Law 109-241; 120 Stat. 516), Congress increased 
        the liability limits under the Oil Pollution Act of 1990 (33 
        U.S.C. 2701 et seq.) for single- and double-hulled vessels and 
        gave the Coast Guard the ability to further adjust those limits 
        for inflation;
            (4) the Internal Revenue Service estimated the balance of 
        the Oil Spill Liability Trust Fund established by section 9509 
        of the Internal Revenue Code of 1986 to be $1,700,000,000 at 
        the end of fiscal year 2009, pending resolution of outstanding 
        claims against the Fund;
            (5)(A) the cleanup of the oil spill resulting from the 
        grounding of the Exxon Valdez on Bligh Reef in Prince William 
        Sound on March 24, 1989, was declared complete in 1992 by the 
        Coast Guard and the State of Alaska and cost Exxon 
        $2,000,000,000;
            (B) in a settlement approved by a United States district 
        court on October 9, 1991, Exxon paid the State of Alaska and 
        the Federal Government the equivalent of $900,000,000 (made in 
        annual payment over 10 years) to settle the civil claims 
        associated with the Exxon Valdez oil spill, of which a portion 
        was made for reimbursement for cleanup costs;
            (C) under a separate settlement of Federal criminal 
        charges, Exxon also paid $25,000,000 in fines and $100,000,000, 
        divided equally between the United States and Alaska, as 
        restitution for criminal conduct by Exxon;
            (D) in a case consolidated into the case styled Exxon 
        Shipping Co. v. Baker (128 S. Ct. 2605 (2008)), a jury awarded 
        $287,000,000 for damages to private parties and an additional 
        $5,000,000,000 in punitive damages; and
            (E) after nearly 2 decades of appeals, on June 25, 2008, 
        the Supreme Court issued a judgment limiting punitive damages 
        to compensatory damages, calculated at $507,500,000, a 
        reduction to essentially 10 percent of the initial jury award;
            (6) as of June 16, 2010, a scientific team under the 
        direction of Secretary of Energy Steven Chu, Secretary of the 
        Interior Ken Salazar, and the Chair of the National Incident 
        Command's Flow Rate Technical Group, Dr. Marcia McNutt 
        (Director of the United States Geological Survey), announced an 
        estimated flow rate of between 35,000 and 60,000 barrels per 
        day of hydrocarbons into the Gulf of Mexico from the Macondo 
        Prospect well, known as MC 252, resulting from the blowout and 
        explosion of the mobile offshore drilling unit Deepwater 
        Horizon that occurred on April 20, 2010, and resulting 
        hydrocarbon releases into the environment;
            (7) that estimate greatly exceeds the estimated 10,800,000 
        gallons (250,000 barrels) spilled by the grounding of the Exxon 
        Valdez on Bligh Reef in Prince William Sound on March 24, 1989, 
        and is now the largest known oil spill in United States waters;
            (8) the Gulf Coast region produced 1,273,424,000 pounds of 
        seafood in 2008 worth $697,591,000 to the fishermen in the Gulf 
        of Mexico, which is the second most productive fishing region 
        in the United States, boasting 4 of the top-10 commercial 
        fishing ports of the United States in Empire-Venice, 
        Intracoastal City, and Cameron, Louisiana, and Pascagoula-Moss 
        Point, Mississippi;
            (9) recreational fisheries are important to the Gulf Coast 
        economy, with (according to the National Marine Fisheries 
        Service) 3,200,000 individuals taking 25,000,000 recreational 
        fishing trips in the Gulf region in 2008 in which 194,000,000 
        fish were landed;
            (10) as of June 7, 2010, the National Oceanic and 
        Atmospheric Administration closed 78,264 square miles of the 
        Gulf of Mexico to fishing, an area equivalent to 32.3 percent 
        of the total exclusive economic zone of the Gulf; and
            (11) commercial sectors employing a wide spectrum of the 
        Gulf Coast population (including residents involved in tourism, 
        oil and gas exploration, and a host of support and service 
        industries) are experiencing a severe economic disruption due 
        to the blowout and explosion of the mobile offshore drilling 
        unit Deepwater Horizon that occurred on April 20, 2010, and 
        resulting hydrocarbon releases into the environment.

SEC. 3. OIL SPILL RECOVERY FUND.

    (a) In General.--The Outer Continental Shelf Lands Act is amended 
by inserting after section 8 (43 U.S.C. 1337) the following:

``SEC. 8A. OIL SPILL RECOVERY FUND.

    ``(a) Definition of Fund.--In this section, the term `Fund' means 
the Oil Spill Recovery Fund established under subsection (c).
    ``(b) Coverage of Outstanding Incident Liability.--
            ``(1) In general.--No person shall be eligible to enter 
        into any Federal oil or gas lease or contract after the date of 
        enactment of this section unless the person pays into the Fund, 
        or posts a bond, in an amount equal to the difference between, 
        as determined by the Secretary as of the date of the 
        application for the lease or contract--
                    ``(A) the total of the outstanding liability of the 
                person under section 1002 of the Oil Pollution Act of 
                1990 (33 U.S.C. 2702) (without regard to any liability 
                limit under section 1004 of that Act (33 U.S.C. 2704)) 
                and any removal costs incurred by, or on behalf of, the 
                person, with respect to any incident occurring before, 
                on, or after the date of enactment of this section for 
                which the person has outstanding liability; and
                    ``(B) the outstanding balance in the Oil Spill 
                Liability Trust Fund established by section 9509 of the 
                Internal Revenue Code of 1986, that is attributable to 
                the person.
            ``(2) No effect on other liability.--Payment into the Fund 
        or posting of a bond in accordance with paragraph (1) does not, 
        with respect to the applicable incident--
                    ``(A) limit any civil or criminal liability of the 
                person; or
                    ``(B) determine or affect an appropriate level of 
                claims or damages.
    ``(c) Establishment of Fund.--There is established in the Treasury 
of the United States a fund to be known as the `Oil Spill Recovery 
Fund' to be administered by the Secretary, to be available without 
fiscal year limitation and without being subject to appropriation, for 
payment of covered removal costs and damages described in section 1002 
of the Oil Pollution Act of 1990 (33 U.S.C. 2702) associated with any 
incident.
    ``(d) Transfers to Fund.--
            ``(1) In general.--The Fund shall consist of such amounts 
        as are appropriated to the Fund under paragraph (2).
            ``(2) Fees.--There are appropriated to the Fund, out of 
        funds of the Treasury not otherwise appropriated, amounts 
        equivalent to amounts collected as fees and received in the 
        Treasury under subsection (b)(1).
    ``(e) Repayment.--
            ``(1) In general.--In the case of any person who has paid 
        into the Fund under subsection (b), on the date described in 
        paragraph (2), the Secretary shall transfer to the person an 
        amount equal to--
                    ``(A) the amount of unexpended funds of the person 
                in the Fund; plus
                    ``(B) any accumulated interest on those funds.
            ``(2) Date.--The date on which amounts described under 
        paragraph (1) shall be repaid is the earlier of--
                    ``(A) 5 years after the date on which the amounts 
                were paid into the Fund; and
                    ``(B) the date on which the Secretary makes a 
                formal determination that all Federal and State natural 
                resource damage assessments and all outstanding civil 
                claims relating to the incident for which the amounts 
                were paid have been satisfied.
    ``(f) Prohibition.--Amounts in the Fund may not be made available 
for any purpose other than a purpose described in subsection (c).
    ``(g) Quarterly Reports.--
            ``(1) In general.--Not later than 4 times during of each 
        fiscal year beginning with fiscal year 2010, the Secretary 
        shall submit to the Committee on Appropriations of the House of 
        Representatives, the Committee on Appropriations of the Senate, 
        the Committee on Energy and Natural Resources of the Senate, 
        and the Committee on Resources of the House of Representatives 
        a report on the operation of the Fund during the fiscal year.
            ``(2) Contents.--Each report shall include, for the fiscal 
        year covered by the report, the following:
                    ``(A) A statement of the amounts deposited into the 
                Fund.
                    ``(B) A description of the expenditures made from 
                the Fund for the fiscal year, including the purpose of 
                the expenditures.
                    ``(C) Recommendations for additional authorities to 
                fulfill the purpose of the Fund.
                    ``(D) A statement of the balance remaining in the 
                Fund at the end of the fiscal year.
                    ``(E) A statement of amount of outstanding 
                liability determined under subsection (b) as compared 
                to the balance remaining in the Oil Spill Liability 
                Trust Fund established by section 9509 of the Internal 
                Revenue Code of 1986 at the end of the fiscal year.''.
    (b) Separate Appropriations Account.--Section 1105(a) of title 31, 
United States Code, is amended--
            (1) by redesignating paragraphs (35) and (36) as paragraphs 
        (36) and (37), respectively;
            (2) by redesignating the second paragraph (33) (relating to 
        obligational authority and outlays requested for homeland 
        security) as paragraph (35); and
            (3) by adding at the end the following:
            ``(38) a separate statement for the Oil Spill Recovery Fund 
        established under section 8A(c) of the Outer Continental Shelf 
        Lands Act, which shall include the estimated amount of deposits 
        into the Fund, obligations, and outlays from the Fund.''.
answer:

Guaranteed Oil Spill Compensation Act of 2010 - Amends the Outer Continental Shelf Lands Act to establish the Oil Spill Recovery Fund for payment of covered removal costs and damages described in the Oil Pollution Act of 1990 that are associated with a discharge, or substantial threat of discharge, of oil.

 Prohibits any person from entering into a federal oil or gas lease or contract after enactment of this Act unless the person pays into the Fund, or posts a bond, in an amount equal to the difference between: (1) the total of the outstanding liability of the person under the Oil Pollution Act of 1990 and any removal costs incurred by or on behalf of the person, with respect to any incident for which the person has outstanding liability; and (2) the outstanding balance in the Oil Spill Liability Trust Fund that is attributable to the person.

Requires repayment of unexpended funds (plus interest) upon the earlier of either five years after amounts were paid by the person into the Fund or the date on which the Secretary determines that all federal and state natural resource damage assessments and all outstanding civil claims relating to the incident for which the amounts were paid have been satisfied.

Establishes as a separate item, for purposes of the President's budget submission, a statement that includes the estimated amount of Fund deposits, obligations, and outlays.