In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Activities Inventory Reform
Act of 1998''.
SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY
GOVERNMENTAL IN NATURE.
(a) Lists Required.--Not later than the end of the third quarter of
each fiscal year, the head of each executive agency shall submit to the
Director of the Office of Management and Budget a list of activities
performed by Federal Government sources for the executive agency that,
in the judgment of the head of the executive agency, are not inherently
governmental functions. The entry for an activity on the list shall
include the following:
(1) The fiscal year for which the activity first appeared on a
list prepared under this section.
(2) The number of full-time employees (or its equivalent) that
are necessary for the performance of the activity by a Federal
Government source.
(3) The name of a Federal Government employee responsible for
the activity from whom additional information about the activity
may be obtained.
(b) OMB Review and Consultation.--The Director of the Office of
Management and Budget shall review the executive agency's list for a
fiscal year and consult with the head of the executive agency regarding
the content of the final list for that fiscal year.
(c) Public Availability of Lists.--
(1) Publication.--Upon the completion of the review and
consultation regarding a list of an executive agency--
(A) the head of the executive agency shall promptly
transmit a copy of the list to Congress and make the list
available to the public; and
(B) the Director of the Office of Management and Budget
shall promptly publish in the Federal Register a notice that
the list is available to the public.
(2) Changes.--If the list changes after the publication of the
notice as a result of the resolution of a challenge under section
3, the head of the executive agency shall promptly--
(A) make each such change available to the public and
transmit a copy of the change to Congress; and
(B) publish in the Federal Register a notice that the
change is available to the public.
(d) Competition Required.--Within a reasonable time after the date
on which a notice of the public availability of a list is published
under subsection (c), the head of the executive agency concerned shall
review the activities on the list. Each time that the head of the
executive agency considers contracting with a private sector source for
the performance of such an activity, the head of the executive agency
shall use a competitive process to select the source (except as may
otherwise be provided in a law other than this Act, an Executive order,
regulations, or any executive branch circular setting forth
requirements or guidance that is issued by competent executive
authority). The Director of the Office of Management and Budget shall
issue guidance for the administration of this subsection.
(e) Realistic and Fair Cost Comparisons.--For the purpose of
determining whether to contract with a source in the private sector for
the performance of an executive agency activity on the list on the
basis of a comparison of the costs of procuring services from such a
source with the costs of performing that activity by the executive
agency, the head of the executive agency shall ensure that all costs
(including the costs of quality assurance, technical monitoring of the
performance of such function, liability insurance, employee retirement
and disability benefits, and all other overhead costs) are considered
and that the costs considered are realistic and fair.

SEC. 3. CHALLENGES TO THE LIST.

(a) Challenge Authorized.--An interested party may submit to an
executive agency a challenge of an omission of a particular activity
from, or an inclusion of a particular activity on, a list for which a
notice of public availability has been published under section 2.
(b) Interested Party Defined.--For the purposes of this section,
the term ''interested party'', with respect to an activity referred to
in subsection (a), means the following:
(1) A private sector source that--
(A) is an actual or prospective offeror for any contract,
or other form of agreement, to perform the activity; and
(B) has a direct economic interest in performing the
activity that would be adversely affected by a determination
not to procure the performance of the activity from a private
sector source.
(2) A representative of any business or professional
association that includes within its membership private sector
sources referred to in paragraph (1).
(3) An officer or employee of an organization within an
executive agency that is an actual or prospective offeror to
perform the activity.
(4) The head of any labor organization referred to in section
7103(a)(4) of title 5, United States Code, that includes within its
membership officers or employees of an organization referred to in
paragraph (3).
(c) Time for Submission.--A challenge to a list shall be submitted
to the executive agency concerned within 30 days after the publication
of the notice of the public availability of the list under section 2.
(d) Initial Decision.--Within 28 days after an executive agency
receives a challenge, an official designated by the head of the
executive agency shall--
(1) decide the challenge; and
(2) transmit to the party submitting the challenge a written
notification of the decision together with a discussion of the
rationale for the decision and an explanation of the party's right
to appeal under subsection (e).
(e) Appeal.--
(1) Authorization of appeal.--An interested party may appeal an
adverse decision of the official to the head of the executive
agency within 10 days after receiving a notification of the
decision under subsection (d).
(2) Decision on appeal.--Within 10 days after the head of an
executive agency receives an appeal of a decision under paragraph
(1), the head of the executive agency shall decide the appeal and
transmit to the party submitting the appeal a written notification
of the decision together with a discussion of the rationale for the
decision.

SEC. 4. APPLICABILITY.

(a) Executive Agencies Covered.--Except as provided in subsection
(b), this Act applies to the following executive agencies:
(1) Executive department.--An executive department named in
section 101 of title 5, United States Code.
(2) Military department.--A military department named in
section 102 of title 5, United States Code.
(3) Independent establishment.--An independent establishment,
as defined in section 104 of title 5, United States Code.
(b) Exceptions.--This Act does not apply to or with respect to the
following:
(1) General accounting office.--The General Accounting Office.
(2) Government corporation.--A Government corporation or a
Government controlled corporation, as those terms are defined in
section 103 of title 5, United States Code.
(3) Nonappropriated funds instrumentality.--A part of a
department or agency if all of the employees of that part of the
department or agency are employees referred to in section 2105(c)
of title 5, United States Code.
(4) Certain depot-level maintenance and repair.--Depot-level
maintenance and repair of the Department of Defense (as defined in
section 2460 of title 10, United States Code).

SEC. 5. DEFINITIONS.

In this Act:
(1) Federal government source.--The term ''Federal Government
source'', with respect to performance of an activity, means any
organization within an executive agency that uses Federal
Government employees to perform the activity.
(2) Inherently governmental function.--
(A) Definition.--The term ''inherently governmental
function'' means a function that is so intimately related to
the public interest as to require performance by Federal
Government employees.
(B) Functions included.--The term includes activities that
require either the exercise of discretion in applying Federal
Government authority or the making of value judgments in making
decisions for the Federal Government, including judgments
relating to monetary transactions and entitlements. An
inherently governmental function involves, among other things,
the interpretation and execution of the laws of the United
States so as--
(i) to bind the United States to take or not to take
some action by contract, policy, regulation, authorization,
order, or otherwise;
(ii) to determine, protect, and advance United States
economic, political, territorial, property, or other
interests by military or diplomatic action, civil or
criminal judicial proceedings, contract management, or
otherwise;
(iii) to significantly affect the life, liberty, or
property of private persons;
(iv) to commission, appoint, direct, or control
officers or employees of the United States; or
(v) to exert ultimate control over the acquisition,
use, or disposition of the property, real or personal,
tangible or intangible, of the United States, including the
collection, control, or disbursement of appropriated and
other Federal funds.
(C) Functions excluded.--The term does not normally
include--
(i) gathering information for or providing advice,
opinions, recommendations, or ideas to Federal Government
officials; or
(ii) any function that is primarily ministerial and
internal in nature (such as building security, mail
operations, operation of cafeterias, housekeeping,
facilities operations and maintenance, warehouse
operations, motor vehicle fleet management operations, or
other routine electrical or mechanical services).

SEC. 6. EFFECTIVE DATE.

This Act shall take effect on October 1, 1998.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

Output: Federal Activities Inventory Reform Act of 1998 - Directs the head of each executive agency to submit to the Director of the Office of Management and Budget, not later than the end of the third quarter of each fiscal year, a list of activities performed by Federal Government sources for the agency that, in the judgment of the head of the executive agency, are not inherently governmental functions.
Requires: (1) the Director to review the agency's list and consult with the agency head regarding the contents of the final list for the fiscal year; (2) the agency head to transmit a copy of the list to the Congress and make the list publicly available; (3) the Director to publish in the Federal Register a notice that the list is publicly available; and (4) the agency head to publish a notice regarding, make available to the public, and transmit to the Congress, any subsequent change to the list.
Requires the agency head to: (1) review the activities on the list within a reasonable time after such a notice of its availability is published; and (2) use a competitive process (with specified exceptions) and ensure that all costs are considered each time that he or she considers contracting with a private sector source for the performance of an activity on the list.
(Sec. 3) Permits an interested party to submit to an agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice has been published. Sets forth procedures governing filing challenges, agency decisions on challenges, appealing such decisions, and agency decisions on such appeals.
(Sec. 4) Provides that this Act shall not apply to or with respect to: (1) the General Accounting Office; (2) Government corporations and Government controlled corporations; (3) a part of a department or agency if all of the employees of that part are employees paid from nonappropriated funds of certain instrumentalities of the United States under the jurisdiction of the armed forces; and (4) depot-level maintenance and repair of the Department of Defense.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Intermodal Safe Container
Transportation Act Amendments of 1996''.

SEC. 2. REFERENCES TO TITLE 49.

Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.

SEC. 3. DEFINITIONS.

Section 5901 is amended--
(1) by striking paragraph (1) and inserting the following:
''(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title apply.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following new
paragraph:
''(6) 'gross cargo weight' means the weight of the cargo,
packaging materials (including ice), pallets, and dunnage.''.

SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.

Section 5902 is amended to read as follows:
''Sec. 5902. Notifications and certifications
''(a) Prior Notification.--
''(1) In general.--If the first carrier to which any loaded
container or trailer having a projected gross cargo weight of
more than 29,000 pounds is tendered for intermodal
transportation is a motor carrier, the person tendering the
container or trailer shall give the motor carrier a
notification of the projected gross cargo weight and a
reasonable description of the contents of the container or
trailer before the tendering of the container or trailer. The
notification may be transmitted electronically or by telephone.
''(2) Applicability.--This subsection applies to any person
within the United States who tenders a container or trailer
subject to this chapter for intermodal transportation if the
first carrier is a motor carrier.
''(b) Certification.--
''(1) In general.--A person who tenders a loaded container
or trailer with an actual gross cargo weight of more than
29,000 pounds, to a first carrier for intermodal transportation
shall provide a certification of the contents of the container
or trailer in writing, or electronically, before or when the
container or trailer is so tendered.
''(2) Contents of certification.--The certification
required by paragraph (1) shall include the following:
''(A) The actual gross cargo weight.
''(B) A reasonable description of the contents of
the container or trailer.
''(C) The identity of the certifying party.
''(D) The container or trailer number.
''(E) The date of certification or transfer of data
to another document, as provided for in paragraph (3).
''(3) Transfer of certification data.--A carrier who
receives a certification may transfer the information contained
in the certification to another document or to electronic
format for forwarding to a subsequent carrier. The person
transferring the information shall state on the forwarded
document the date on which the data was transferred and the
identity of the party who performed the transfer.
''(4) Shipping documents.--For purposes of this chapter, a
shipping document, prepared by the person tendering a container
or trailer to a first carrier, that contains the information
required by paragraph (2) meets the requirements of paragraph
(1).
''(5) Use of 'freight all kinds' term.--The term 'Freight
All Kinds' or 'FAK' may not be used for the purpose of
certification under this subsection after December 31, 2000, as
a description required under paragraph (2)(B) for a trailer or
container if the weight of any commodity in the trailer or
container equals or exceeds 20 percent of the total weight of
the contents of the trailer or container. This subsection does not
prohibit the use of such term after December 31, 2000, for rating
purposes.
''(6) Separate document marking.--If a separate document is
used to meet the requirements of paragraph (1), it shall be
conspicuously marked 'INTERMODAL CERTIFICATION'.
''(7) Applicability.--This subsection applies to any
person, domestic or foreign, who first tenders a container or
trailer subject to this chapter for intermodal transportation
within the United States.
''(c) Forwarding Certifications to Subsequent Carriers.--
''(1) General rule.--A carrier, agent of a carrier, broker,
customs broker, freight forwarder, warehouser, or terminal
operator shall forward the certification provided under
subsection (b) to a subsequent carrier transporting the
container or trailer in intermodal transportation before or
when the container or trailer is tendered to the subsequent
carrier.
''(2) Presumption of no certification required.--If no
certification is received by the subsequent carrier before or
when the container or trailer is being tendered to it, the
subsequent carrier may presume that no certification is
required.
''(3) Limitation on construction of forwarding.--The act of
forwarding the certification may not be construed as a
verification or affirmation of the accuracy or completeness of
the information in the certification.
''(4) Liability.--
''(A) In general.--If a person inaccurately
transfers the information on the certification or fails
to forward the certification to a subsequent carrier,
then that person is liable to any person who incurs any
bond, fine, penalty, cost (including storage), or
interest charge incurred as a result of the inaccurate
transfer of information or failure to forward the
certification.
''(B) Lien.--A subsequent carrier incurring a bond,
fine, penalty, or cost (including storage), or interest
charge as a result of the inaccurate transfer of the
information or the failure to forward the certification
shall have a lien against the contents of the container
or trailer under section 5905 in the amount of the
bond, fine, penalty, or cost (including storage), or
interest charge and all court costs and legal fees
incurred by the carrier as a result of such inaccurate
transfer or failure.
''(5) Notice to leased operators.--If a motor carrier knows
that the gross cargo weight of an intermodal container or
trailer subject to the certification requirements of subsection
(b) would result in a violation of applicable State gross
vehicle weight laws--
''(A) a motor carrier must inform the operator of a
vehicle which is leased by the vehicle operator to a
motor carrier which transports an intermodal container
or trailer of the gross cargo weight of the container
or trailer as certified to the motor carrier pursuant
to subsection (b);
''(B) the notice must be provided to the operator
prior to the operator being tendered the container or
trailer;
''(C) the notice required by this subsection must
be in writing, but may be transmitted electronically;
''(D) the motor carrier shall bear the burden of
proof to establish that it tendered the required notice
to the operator; and
''(E) if the operator of a leased vehicle
transporting a container or trailer subject to this
chapter should receive a fine because of a violation of
a State's gross vehicle weight laws or regulations and
lessee motor carrier cannot establish that it tendered
to the operator the notice required by this section,
the operator shall be entitled to reimbursement from
the motor carrier of the amount of any fine and court
costs resulting from the failure of the motor carrier
to tender the notice to the operator.
''(d) Liability to Owner or Beneficial Owner.--If--
''(1) a person inaccurately transfers information on a
certification required by subsection (b)(1) or fails to forward
a certification to the subsequent carrier;
''(2) as a result of the inaccurate transfer of such
information or a failure to forward a certification, the
subsequent carrier incurs a bond, fine, penalty, or cost
(including storage), or interest charge; and
''(3) a subsequent carrier exercises its rights to a lien
under section 5905,
then that person is liable to the owner or beneficial owner or to any
other person paying the amount of the lien to the subsequent carrier
for the amount of the lien and all costs related to the imposition of
the lien, including court costs and legal fees incurred in connection
with imposition of the lien.
''(e) Nonapplicability.--
''(1) Consolidated shipments.--The notification and
certification requirements of subsections (a) and (b) do not
apply to any intermodal container or trailer containing
consolidated shipments loaded by a motor carrier if that motor
carrier--
''(A) performs the highway portion of the
intermodal movement; or
''(B) assumes the responsibility for any weight-
related fine or penalty incurred by any other motor
carrier that performs a part of the highway
transportation.
''(2) Intermodal transportation of loaded containers.--
''(A) In general.--Subsections (a) and (b) and
section 5903(c) do not apply to a carrier when the
carrier is transferring a loaded container or trailer
to another carrier during intermodal transportation,
unless the carrier is also the person tendering the
loaded container or trailer to the first carrier.
''(B) Special rule.--A carrier, agent of a carrier,
broker, customs broker, freight forwarder, warehouser,
or terminal operator is deemed not to be a person
tendering a loaded container or trailer to a first
carrier under this section, unless the carrier, agent,
broker, customs broker, freight forwarder, warehouser,
or terminal operator assumes legal responsibility for
loading property into the container or trailer.''.

SEC. 5. PROHIBITIONS.

(a) Providing Erroneous Information.--Section 5903(a) is amended by
inserting '', to whom section 5902(b) applies,'' after ''A person''.
(b) Transporting Prior To Receiving Certification.--Section 5903(b)
is amended to read as follows:
''(b) Transporting Prior To Receiving Certification.--
''(1) Presumption.--If no certification is received by a
motor carrier before or when a loaded intermodal container or
trailer is tendered to it, the motor carrier may presume that
the gross cargo weight of the container or trailer is less than
29,001 pounds.
''(2) Copy of certification not required to accompany
container or trailer.--Notwithstanding any other provision of
this chapter, if a certification is required by section
5902(b), a copy of the certification is not required to
accompany the intermodal container or trailer.''.
(c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking
''10,000 pounds (including packing materials and pallets)'' and
inserting ''29,000 pounds''.

SEC. 6. LIENS.

(a) General Rule.--Section 5905(a) is amended to read as follows:
''(a) General Rule.--If a person involved in the intermodal
transportation of a loaded container or trailer for which a
certification is required by section 5902(b) of this title is required,
because of a violation of a State's gross vehicle weight laws or
regulations, to post a bond or pay a fine, penalty, cost (including
storage), or interest charge resulting from--
''(1) erroneous information provided by the certifying
party in the certification to the first carrier in violation of
section 5903(a),
''(2) the failure of the party required to provide the
certification to the first carrier to provide it,
''(3) the failure of a person required under section
5902(c) to forward the certification to forward it, or
''(4) an error occurring in the transfer of information on
the certification to another document under section 5902(b)(3)
or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost
(including storage), or interest charge has a lien against the contents
equal to the amount of the bond, fine, penalty, cost (including
storage), or interest charge incurred, until the person receives a
payment of that amount from the owner or beneficial owner of the
contents or from the person responsible for making or forwarding the
certification or transferring the information from the certification to
another document.''.
(b) Limitations.--Section 5905(b)(1) is amended--
(1) by inserting after ''the first carrier'' the following:
''or the owner or beneficial owner of the contents''; and
(2) by striking ''cost, or interest.'' and inserting ''cost
(including storage), or interest charge. The lien shall remain
in effect until the lien holder has received payment for all
costs and expenses as described in subsection (a).''.

SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

Section 5906 is amended by striking ''Sections 5904(a)(2) and 5905
of this title do'' and insert ''Section 5905 does''.

SEC. 8. EFFECTIVE DATE.

Section 5907 is amended to read as follows:
''Sec. 5907. Effective date
''This chapter, as amended by the Intermodal Safe Container
Transportation Act Amendments of 1996, is effective on the date of the
enactment of such Act. The provisions of this chapter shall be
implemented 180 days after such date of enactment.''.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

(a) In General.--Chapter 59 is amended by adding at the end the
following new section:
''Sec. 5908. Relationship to other laws
''Nothing in this chapter affects--
''(1) chapter 51 (relating to transportation of hazardous
material) or the regulations issued under that chapter; or
''(2) any State highway weight or size law or regulation
applicable to tractor-trailer combinations.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by striking the item relating to section 5907 and inserting the
following:

''5907. Effective date.
''5908. Relationship to other laws.''.

Passed the House of Representatives September 18, 1996.

Attest:

ROBIN H. CARLE,

Clerk.

Output: Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation.
Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier.
Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification.
Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws.
Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer.
Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided.
Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.

Input: Consider Input: 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.''.
Output: 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.