IB Union Calendar No. 326 111th CONGRESS 2d Session H. R. 5629 [Report No. 111–567, Part I] 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 determined 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 ordered to be printed For text of introduced bill, see copy of bill as introduced on June 29, 2010 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.

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 offshore 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 organizations 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. 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.

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 inserting $800,000,; and (ii)by adding and after the semicolon at the end; (B)by striking paragraph (3); and (C)by redesignating paragraph (4) as paragraph (3); (2)in subsection (b)(2) by striking the second sentence; and (3)by striking subsection (d)(4) and inserting the following: (4)

Adjustment of limits on liability

Not later than 3 years after the date of enactment of the Oil Spill Accountability and Environmental Protection Act of 2010, and at least once every 3 years thereafter, the President shall review the limits on liability specified in subsection (a) and shall by regulation revise such limits upward to reflect either the amount of liability that the President determines is commensurate with the risk of discharge of oil presented by a particular category of vessel or any increase in the Consumer Price Index, whichever is greater. . (b)

Application

The repeals and amendments made by this section shall apply to all claims arising from events or activities occurring on or after April 19, 2010, including to claims pending on or before the date of enactment of this Act.

3.

Evidence of financial responsibility for offshore facilities

(a)

Modification

Section 1016(c)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amended— (1)in subparagraph (B) by striking subparagraph (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 financial responsibility for a responsible party that is greater than the amount required by subparagraph (B) is justified based on the relative operational, environmental, human health, and other risks posed by the quantity, quality, or location of oil that is explored for, drilled for, 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 Environmental Protection Act of 2010, and at least once every 3 years thereafter, the President shall review the level of financial responsibility specified in subparagraph (B) and may by regulation revise such level upwards to a level that the President determines is justified based on the relative operational, environmental, human health, and other risks posed by the quantity, quality, or location of oil that is explored for, drilled for, produced, or transported by the responsible party. (II)

Notice to Congress

Upon completion of a review specified in subclause (I), the President shall notify Congress as to whether the President will revise the levels of financial responsibility and the factors for making such determination. ; and (3)by striking subparagraph (E). (b)

Application; Transition period

(1)

In general

The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to any lease for exploration, development, or production of minerals, as defined by the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), that the Secretary of the Interior awards after the date of enactment of this Act. (2)

Transition period

Notwithstanding paragraph (1), not later than 6 months after the date of enactment of this Act, the President shall require any person who holds, on the date of enactment of this Act, a lease for exploration, development, or production of minerals, as defined by the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), located in the navigable waters, adjoining shoreline, or the Exclusive Economic Zone of the United States to provide evidence of financial responsibility consistent with the amendments made by this section.

4.

Damages to human health

(a)

In general

Section 1002(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by adding at the end the following: (G)

Human health

(i)

In general

Damages to human health, including fatal injuries, which shall be recoverable by any claimant who has a demonstrable, adverse impact to human health or, in the case of a fatal injury to an individual, a claimant filing a claim on behalf of such individual. (ii)

Inclusion

For purposes of clause (i), the term human health includes mental health. . (b)

Application

The amendment made by subsection (a) shall apply to all claims arising from events or activities occurring on or after April 19, 2010, including such claims pending on or before the date of enactment of this Act.

5.

Clarification of liability for discharges from mobile offshore drilling units

(a)

In general

Section 1004(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(b)(2)) is amended— (1)by striking from any incident described in paragraph (1) and inserting from any discharge of oil, or substantial threat of a discharge of oil, into or upon the water; and (2)by striking liable and inserting liable as described in paragraph (1). (b)

Application

The amendments made by subsection (a) shall apply to all claims arising from events or activities occurring on or after April 19, 2010, including such claims pending on or before the date of enactment of this Act.

6.

Standard of review for damage assessment

Section 1006(e)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2706(e)(2)) is amended— (1)in the heading by striking Rebuttable presumption and inserting Judicial review of assessments; and (2)by striking have the force and effect and all that follows before the period and inserting the following: be subject to judicial review under subchapter II of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act), on the basis of the administrative record developed by the lead Federal trustee as provided in such regulations.

7.

Information on claims

(a)

In general

Title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended by inserting after section 1013 the following:

1013A.

Information on claims

In the event of a spill of national significance, the President may require a responsible party or a guarantor of a source designated under section 1014(a) to provide to the President any information on or related to claims, either individually, in the aggregate, or both, that the President requests, including— (1)the transaction date or dates of such claims, including processing times; and (2)any other data pertaining to such claims necessary to ensure the performance of the responsible party or the guarantor with regard to the processing and adjudication of such claims.

. (b)

Conforming amendment

The table of contents contained in section 2 of such Act is amended by inserting after the item relating to section 1013 the following: Sec. 1013A. Information on claims. . (c)

Application

The amendments made by this section shall apply to all claims arising from events or activities occurring on or after April 19, 2010, including such claims pending on or before the date of enactment of this Act.

8.

Limitation of Liability Act

(a)

Repeal

Chapter 305 of title 46, United States Code, is amended— (1)by repealing sections 30505, 30506, 30507, 30511, and 30512; and (2)by redesignating sections 30508 through 30510 as sections 30505 through 30507, respectively. (b)

Conforming and clerical amendments

(1)

Oil Pollution Act of 1990

Section 1018 of the Oil Pollution Act of 1990 (33 U.S.C. 2718) is amended— (A)in subsection (a), by striking or the Act of March 3, 1851; and (B)in subsection (c), by striking , the Act of March 3, 1851 (46 U.S.C. 183 et seq.),. (2)

Title 46

Section 14305(a) of title 46, United States Code, is amended by striking paragraph (5) and redesignating paragraphs (6) through (15) as paragraphs (5) through (14), respectively. (3)

Clerical amendment

The analysis at the beginning of chapter 305 of title 46, United States Code, is amended by striking the items relating to sections 30505 through 30512 and inserting the following: 30505. Provisions requiring notice of claim or limiting time for bringing action. 30506. Provisions limiting liability for personal injury or death. 30507. Vicarious liability for medical malpractice with regard to crew. . (c)

Application

The repeals and amendments made by this section shall apply to all claims arising from events or activities occurring on or after April 19, 2010, including to claims pending on or before the date of enactment of this Act.

9.

Death on the High Seas Act

(a)

In general

The Death on the High Seas Act (chapter 303 of title 46, United States Code), is amended— (1)in section 30302— (A)by inserting or law after admiralty; and (B)by striking the last sentence and inserting The action shall be for the exclusive benefit of the survivors, including the decedent’s spouse, parent, child, or dependent relatives.; (2)in section 30303— (A)by inserting and nonpecuniary loss after pecuniary loss; (B)by striking by and all that follows through the end, and inserting , plus a fair compensation for the decedent’s pain and suffering.; and (C)by adding at the end the following: In this section, the term nonpecuniary loss means losses authorized under general maritime law including loss of care, comfort, and companionship.; (3)in section 30305 by inserting or law after admiralty; (4)in section 30306, by inserting or law after admiralty; (5)by striking section 30307; and (6)in the analysis at the beginning of such chapter, by striking the item relating to section 30307. (b)

Application

The amendments made by subsection (a) shall apply to all claims arising from events or activities occurring on or after April 19, 2010, including such claims pending on or before the date of enactment of this Act.

10.

Jones Act

(a)

In general

Section 30104 of title 46, United States Code, is amended— (1)in the second sentence, by striking Laws and inserting Except as provided in subsection (b), laws; (2)by inserting (a) In general.— before the first sentence; and (3)by adding at the end the following: (b)

Nonpecuniary losses for death

In addition to other amounts authorized by law, the recovery for a seaman who dies may also include nonpecuniary losses that are authorized under general maritime law, such as the loss of care, comfort, and companionship. . (b)

Application

The amendments made by subsection (a) shall apply to all claims arising from events or activities occurring on or after April 19, 2010, including such claims pending on or before the date of enactment of this Act.

11.

Americanization of offshore operations in the Exclusive Economic Zone

(a)

Registry endorsement required

(1)

In general

Section 12111 of title 46, United States Code, is amended by adding at the end the following: (e)

Resource activities in the EEZ

Except for activities requiring an endorsement under sections 12112 or 12113, only a vessel for which a certificate of documentation with a registry endorsement is issued and that is owned by a citizen of the United States (as determined under section 50501(d)) may engage in support of exploration, development, or production of resources in, on, above, or below the exclusive economic zone or any other activity in the exclusive economic zone to the extent that the regulation of such activity is not prohibited under customary international law. . (2)

Application

The amendment made by paragraph (1) applies only with respect to exploration, development, production, and support activities that commence on or after July 1, 2011. (b)

Legal authority

Section 2301 of title 46, United States Code, is amended— (1)by striking chapter and inserting title; and (2)by inserting after 1988 the following: and the exclusive economic zone to the extent that the regulation of such operation is not prohibited under customary international law. (c)

Training for Coast Guard personnel

Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a program to provide Coast Guard personnel with the training necessary for the implementation of the amendments made by this section.

12.

Safety management systems for mobile offshore drilling units

Section 3203 of title 46, United States Code, is amended— (1)by redesignating subsection (b) as subsection (c); and (2)by inserting after subsection (a) the following: (b)

Mobile offshore drilling units

The safety management system described in subsection (a) for a mobile offshore drilling unit operating in waters subject to the jurisdiction of the United States (including the exclusive economic zone) shall include processes, procedures, and policies related to the safe operation and maintenance of the machinery and systems on board the unit that are used for the industrial business and functions of the unit, including drilling operations. .

13.

Safety standards for mobile offshore drilling units

Section 3306 of title 46, United States Code, is amended by adding at the end the following: (k)In prescribing regulations for mobile offshore drilling units, the Secretary shall develop standards to address a worst-case event involving a discharge as that term is defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701). .

14.

Coast Guard marine safety workforce

(a)

In general

Chapter 5 of title 14, United States Code, is amended by adding at the end the following:

99.

Marine safety workforce

(a)

Marine safety workforce

The Secretary, acting through the Commandant— (1)shall designate a sufficient number of positions to be in the Coast Guard’s marine safety workforce to perform vessel inspections and marine casualty investigations; and (2)shall ensure that a sufficient number of fully qualified officers, members, and civilian employees of the Coast Guard are assigned to those positions. (b)

Career paths

The Secretary, acting through the Commandant, shall ensure that appropriate career paths for an officer, member, or civilian employee of the Coast Guard who wishes to pursue a career in marine safety are identified in terms of the education, training, experience, and assignments necessary for career progression to the most senior marine safety positions. The Secretary shall make available published information on such career paths. (c)

Qualifications

With regard to the marine safety workforce, an officer, member, or civilian employee of the Coast Guard assigned as a— (1)marine inspector shall have the training, experience, and qualifications equivalent to that required for a similar position at a classification society recognized by the Secretary under section 3316 of title 46 for the type of vessel, system, or equipment that is inspected; (2)marine casualty investigator shall have training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by Federal and non-Federal entities; (3)marine safety engineer shall have knowledge, skill, and practical experience in— (A)the construction and operation of commercial vessels; (B)judging the character, strength, stability, and safety qualities of such vessels and their equipment; or (C)the qualifications and training of vessel personnel; or (4)marine inspector inspecting mobile offshore drilling units shall have knowledge, skill, and practical experience in— (A)Federal, State, and international law compliance; (B)personnel training; (C)drilling operations; (D)mobile offshore drilling unit and maritime safety; (E)the effect of weather on mobile offshore drilling unit safety and operations; (F)ship handling and positioning; and (G)emergency procedures. (d)

Apprenticeship requirements

(1)

In general

An officer, member, or civilian employee of the Coast Guard in training to become a marine inspector, marine casualty investigator, or a marine safety engineer shall serve a minimum of one-year apprenticeship, unless otherwise directed by the Commandant, under the guidance of a qualified marine inspector (including an inspector of mobile offshore drilling units), marine casualty investigator, or marine safety engineer. The Commandant may authorize shorter apprenticeship periods for certain qualifications, as appropriate. (2)

Highly specialized vessels

(A)

In general

In addition to the requirement under paragraph (1), any officer, member, or employee of the Coast Guard assigned as a marine inspector or marine casualty investigator with responsibility for inspecting or responding to casualties involving highly specialized vessels must have served a minimum of 6 months apprenticeship with those vessels. (B)

Highly specialized vessels defined

In this paragraph the term highly specialized vessel includes mobile offshore drilling units, tank vessels, and vessels carrying certain dangerous cargoes as defined by the Commandant.

. (b)

Clerical amendment

The analysis at the beginning of such chapter is amended by adding at the end the following: 99. Marine safety workforce. . (c)

Support for maritime safety and security teams participating in Deepwater Horizon response

(1)

review and report

The Secretary of the department in which the Coast Guard is operating shall review and report to Congress on the needs of maritime safety and security teams participating in patrols and setup of safety zones for, and management of, the discharge of oil that began in 2010 in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon. (2)

Funding

There is authorized to be appropriated to such Secretary, to remain available until expended, such sums as are necessary to support the response of the Coast Guard and any Coast Guard maritime safety and security team in such patrols, setup of safety zones, and management.

15.

Operational control of mobile offshore drilling units

(a)

Licenses for masters of mobile offshore drilling units

(1)

In general

Chapter 71 of title 46, United States Code, is amended by redesignating sections 7104 through 7114 as sections 7105 through 7115, respectively, and by inserting after section 7103 the following:

7104.

Licenses for masters of mobile offshore drilling units

A license as master of a mobile offshore drilling unit may be issued only to an applicant who has been issued a license as master under section 7101(c)(1) and has demonstrated the knowledge, understanding, proficiency, and sea service required to be responsible for all industrial business or functions of a mobile offshore drilling unit, including all drilling operations of that type of unit for which the applicant is to be licensed.

. (2)

Conforming amendment

Section 7109 of such title, as so redesignated, is amended by striking section 7106 or 7107 and inserting section 7107 or 7108. (3)

Clerical amendment

The analysis at the beginning of such chapter is amended by striking the items relating to sections 7104 through 7114 and inserting the following: 7104. Licenses for masters of mobile offshore drilling units. 7105. Certificates for medical doctors and nurses. 7106. Oaths. 7107. Duration of licenses. 7108. Duration of certificates of registry. 7109. Termination of licenses and certificates of registry. 7110. Review of criminal records. 7111. Exhibiting licenses. 7112. Oral examinations for licenses. 7113. Licenses of masters or mates as pilots. 7114. Exemption from draft. 7115. Fees. . (b)

Requirement for certificate of inspection

Section 8101(a)(2) of title 46, United States Code, is amended by inserting before the semicolon the following: and shall at all times be under the command of a master licensed under section 7104. (c)

Effective date

The amendments made by this section shall take effect 6 months after the date of enactment of this Act.

16.

Leave retention authority

(a)

In general

Chapter 11 of title 14, United States Code, is amended by inserting after section 425 the following:

426.

Emergency leave retention authority

(a)

In general

A duty assignment for an active duty member of the Coast Guard in support of a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to a spill of national significance shall be treated, for the purpose of section 701(f)(2) of title 10, as a duty assignment in support of a contingency operation. (b)

Definitions

In this section: (1)

Spill of national significance

The term spill of national significance means a discharge of oil or a hazardous substance that is declared by the Commandant to be a spill of national significance. (2)

Discharge

The term discharge has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).

. (b)

Clerical amendment

The analysis for such chapter is amended by inserting after the item relating to section 425 the following: 426. Emergency leave retention authority. .

17.

Single-hull tankers

(a)

Application of tank vessel construction standards

Section 3703a(b) of title 46, United States Code, is amended by striking paragraph (3), and redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively. (b)

Effective date

The amendment made by subsection (a) takes effect on January 1, 2011.

18.

Repeal of response plan waiver

Section 311(j)(5)(G) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)(G)) is amended— (1)by striking a tank vessel, nontank vessel, offshore facility, or onshore facility and inserting a nontank vessel; (2)by striking tank vessel, nontank vessel, or facility and inserting nontank vessel; and (3)by adding at the end the following: A mobile offshore drilling unit, as such term is defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701), is not eligible to operate without a response plan approved under this section..

19.

National Contingency Plan

(a)

Guidelines for containment booms

Section 311(d)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)(2)) is amended by adding at the end the following: (N)Guidelines regarding the use of containment booms to contain a discharge of oil or a hazardous substance, including identification of quantities of containment booms likely to be needed, available sources of containment booms, and best practices for containment boom placement, monitoring, and maintenance. . (b)

Schedule for use of dispersants, other chemicals, and other spill mitigating devices and substances

Section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended by adding at the end the following: (5)

Schedule for use of dispersants, other chemicals, and other spill mitigating devices and substances

(A)

Rulemaking

Not later than 15 months after the date of enactment of this paragraph, the President, acting through the Administrator, after providing notice and an opportunity for public comment, shall issue a revised regulation for the development of the schedule for the use of dispersants, other chemicals, and other spill mitigating devices and substances developed under paragraph (2)(G) in a manner that is consistent with the requirements of this paragraph and shall modify the existing schedule to take into account the requirements of the revised regulation. (B)

Schedule listing requirements

In issuing the regulation under subparagraph (A), the Administrator shall— (i)with respect to dispersants, other chemicals, and other spill mitigating substances included or proposed to be included on the schedule under paragraph (2)(G)— (I)establish minimum toxicity and efficacy testing criteria, taking into account the results of the study carried out under subparagraph (C); (II)provide for testing or other verification (independent from the information provided by an applicant seeking the inclusion of such dispersant, chemical, or substance on the schedule) related to the toxicity and effectiveness of such dispersant, chemical, or substance; (III)establish a framework for the application of any such dispersant, chemical, or substance, including— (aa)quantity restrictions or application conditions; (bb)the quantity thresholds for which consultation with and approval by the Regional Response Team and the Federal On-Scene Coordinator is required; (cc)the criteria to be used to develop the appropriate maximum quantity of any such dispersant, chemical, or substance that the Administrator determines may be used, both on a daily and cumulative basis; and (dd)a ranking, by geographic area, of any such dispersant, chemical, or substance based on a combination of its effectiveness for each type of oil and its level of toxicity; (IV)establish a requirement that the volume of oil or hazardous substance discharged, and the volume and location of any such dispersant, chemical, or substance used, be measured and made publicly available; (V)notwithstanding any other provision of law, require the public disclosure of the specific chemical identity, including the chemical and common name of any ingredients contained in, and specific chemical formulas or mixtures of, any such dispersant, chemical, or substance; and (VI)in addition to existing authority, expressly provide a mechanism for the delisting of any such dispersant, chemical, or substance based on any information made available to the Administrator that demonstrates that such dispersant, chemical, or substance poses a significant risk to or impact on human health or the environment; (ii)with respect to a dispersant, other chemical, and other spill mitigating substance not specifically identified on the schedule, and prior to the use of such dispersant, chemical, or substance in accordance with paragraph (2)(G), establish— (I)the minimum toxicity and efficacy levels for such dispersant, chemical, or substance; (II)the information, including the specific chemical identity, formula, and mixtures, on such dispersant, other chemical, or other spill mitigating substance that shall be made publicly available; and (III)such additional information as the Administrator determines necessary; and (iii)with respect to other spill mitigating devices included or proposed to be included on the schedule under paragraph (2)(G)— (I)require the manufacturer of such device to carry out a study of the risks and effectiveness of the device according to guidelines developed and published by the Administrator; and (II)in addition to existing authority, expressly provide a mechanism for the delisting of any such device based on any information made available to the Administrator that demonstrates that such device poses a significant risk to or impact on human health or the environment. (C)

Study

(i)

In general

Not later than 3 months after the date of enactment of this paragraph, the Administrator shall initiate a study of the potential risks and impacts to human health and the environment, including acute and chronic risks, from the use of dispersants, other chemicals, and other spill mitigating substances, if any, that may be used to carry out the National Contingency Plan, including an assessment of such risks and impacts— (I)on a representative sample of biota and types of oil from locations where such dispersants, chemicals, or substances may potentially be used; (II)on human health, including individuals most likely to come into contact with such dispersants, chemicals, or substances, such as oil spill response action workers; and (III)that result from any by-products created from the use of such dispersants, chemicals, or substances. (ii)

Information from manufacturers

(I)

In general

In conjunction with the study authorized by clause (i), the Administrator shall determine the requirements for manufacturers of dispersants, chemicals, or substances to evaluate the potential risks and impacts to human health and the environment, including acute and chronic risks, associated with the use of the dispersants, chemicals, or substances and any byproducts generated by such use and to provide the details of such evaluation as a condition for listing on the schedule according to guidelines developed and published by the Administrator. (II)

Minimum requirements for evaluation

Any evaluation carried out by a manufacturer under this clause shall include— (aa)information on the oils and locations where such dispersants, chemicals, or substances may potentially be used; (bb)an evaluation of the variety of different dispersants, chemicals, or substances that may be used in a response; and (cc)an assessment of application and impacts from subsea use of the dispersant, chemical, or substance, including the potential long term effects of such use. (D)

Periodic revisions

(i)

In general

Not later than 5 years after the date of the issuance of the regulation under this paragraph, and at least once every 5 years thereafter, the Administrator shall review the schedule for the use of dispersants, other chemicals, and other spill mitigating devices and substances that may be used to carry out the National Contingency Plan and update or revise the schedule, as necessary, to ensure the protection of human health and the environment. (ii)

Effectiveness

The Administrator shall ensure, to the maximum extent practicable, that each update or revision to the schedule increases the minimum effectiveness value necessary for listing a dispersant, other chemical, or other spill mitigating device or substance on the schedule. (E)

Approval of use and application of dispersants

(i)

In general

In issuing the regulation under subparagraph (A), the Administrator shall require the approval of the Federal On-Scene Coordinator, in coordination with the Administrator, for all uses of a dispersant, other chemical, or other spill mitigating substance in any removal action, including— (I)any such dispersant, chemical, or substance that is included on the schedule developed pursuant to this subsection; or (II)any dispersant, chemical, or other substance that is included as part an approved area contingency plan or response plan developed under this section. (ii)

Repeal

Any part of section 300.910 of title 40, Code of Federal Regulations, that is inconsistent with this paragraph is hereby repealed. (6)

Review of and Development of Criteria for Evaluating Response Plans

(A)

Review

Not later than 6 months after the date of enactment of this paragraph, the President shall review the procedures and standards developed under paragraph (2)(J) to determine their sufficiency in ceasing and removing a worst case discharge of oil or hazardous substances, and for mitigating or preventing a substantial threat of such a discharge. (B)

Rulemaking

Not later than 1 year after the date of enactment of this paragraph, the President, after providing notice and an opportunity for public comment, shall undertake a rulemaking to— (i)revise the procedures and standards for ceasing and removing a worst case discharge of oil or hazardous substances, and for mitigating or preventing a substantial threat of such a discharge; and (ii)develop a metric for evaluating the National Contingency Plan, Area Contingency Plans, and tank vessel, nontank vessel, and facility response plans consistent with the procedures and standards developed pursuant to this paragraph. . (c)

Inclusion of containment booms in Area Contingency Plans

Section 311(j)(4)(C)(iv) of such Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by striking (including firefighting equipment) and inserting (including firefighting equipment and containment booms).

20.

Tracking Database

Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)) is amended by adding at the end the following: (13)

Tracking database

(A)

In general

The President shall create a database to track all discharges of oil or hazardous substances— (i)into the waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone; (ii)in connection with activities under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); or (iii)which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.)). (B)

Requirements

The database shall— (i)include— (I)the name of the vessel or facility; (II)the name of the owner, operator, or person in charge of the vessel or facility; (III)the date of the discharge; (IV)the volume of the discharge; (V)the location of the discharge, including an identification of any receiving waters that are or could be affected by the discharge; (VI)a record of any determination of a violation of this section or section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702); (VII)a record of any administrative or enforcement action taken against the owner, operator, or person in charge; and (VIII)any additional information that the President determines necessary; (ii)use data provided by the Environmental Protection Agency, the Coast Guard, the Pipeline and Hazardous Materials Safety Administration, and other appropriate Federal agencies; (iii)use data protocols developed and managed by the Environmental Protection Agency; and (iv)be publicly accessible, including by electronic means. .

21.

Safety of transportation-related offshore platforms

(a)

In general

Chapter 601 of title 49, United States Code, is amended by adding at the end the following:

60138.

Safety of transportation-related offshore platforms

(a)

In general

The Secretary of Transportation shall conduct an analysis of the adequacy of existing regulations and standards for the safety of transportation-related offshore platforms and the impact of the integrity of such platforms on pipeline safety. (b)

Consultation

In carrying out subsection (a), the Secretary may consult with any agency, organization, or person with expertise in the design, construction, testing, operation, or maintenance of offshore platforms. (c)

Report to Congress

Not later than 24 months after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the results of the analysis conducted under subsection (a). The report shall include any recommendations the Secretary may have for addressing the safety or integrity of transportation-related offshore platforms, including any recommendations for legislative or regulatory action. (d)

Transportation-Related offshore platform defined

In this section, the term transportation-related offshore platform means any platform— (1)located beyond the shoreline of the United States in State or Federal waters; (2)used for transporting gas or hazardous liquid; and (3)the design, construction, testing, operation, maintenance, and security of which is not regulated by another Federal agency. (e)

Limitation

Nothing in this section applies to a production facility.

. (b)

Clerical amendment

The analysis for such chapter is amended by adding at the end the following: 60138. Safety of transportation-related offshore platforms. .

22.

Evaluation and approval of response plans; maximum penalties

(a)

Agency review of response plans

(1)

Lead Federal agency for review of response plans

Section 311(j)(5)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)(A)) is amended by adding at the end the following: (iii)In issuing the regulations under this paragraph, the President shall ensure that— (I)the owner, operator, or person in charge of a tank vessel, nontank vessel, or offshore facility described in subparagraph (C) will not be considered to have complied with this paragraph until the owner, operator, or person in charge submits a plan under clause (i) or (ii), as appropriate, to the Secretary of the department in which the Coast Guard is operating, or the Administrator, with respect to such offshore facilities as the President may designate, and the Secretary or Administrator, as appropriate, determines and notifies the owner, operator, or person in charge that the plan, if implemented, will provide an adequate response to a worst case discharge of oil or a hazardous substance or a substantial threat of such a discharge; and (II)the owner, operator, or person in charge of an onshore facility described in subparagraph (C)(iv) will not be considered to have complied with this paragraph until the owner, operator, or person in charge submits a plan under clause (i) either to the Secretary of Transportation, with respect to transportation-related onshore facilities, or the Administrator, with respect to all other onshore facilities, and the Secretary or Administrator, as appropriate, determines and notifies the owner, operator, or person in charge that the plan, if implemented, will provide an adequate response to a worst-case discharge of oil or a hazardous substance or a substantial threat of such a discharge. (iv)(I)The Secretary of the department in which the Coast Guard is operating, the Secretary of Transportation, or the Administrator, as appropriate, shall require that a plan submitted to the Secretary or Administrator for a vessel or facility under clause (iii)(I) or (iii)(II) by an owner, operator, or person in charge— (aa)contain a probabilistic risk analysis for all critical engineered systems of the vessel or facility; and (bb)adequately address all risks identified in the risk analysis. (II)The Secretary or Administrator, as appropriate, shall require that a risk analysis developed under subclause (I) include, at a minimum, the following: (aa)An analysis of human factors risks, including both organizational and management failure risks. (bb)An analysis of technical failure risks, including both component technologies and integrated systems risks. (cc)An analysis of interactions between humans and critical engineered systems. (dd)Quantification of the likelihood of modes of failure and potential consequences. (ee)A description of methods for reducing known risks. (III)The Secretary or Administrator, as appropriate, shall require an owner, operator, or person in charge that develops a risk analysis under subclause (I) to make the risk analysis available to the public. . (2)

Review and Approval of response plans

Section 311(j)(5)(E) of such Act (33 U.S.C. 1321(j)(5)(E)) is amended to read as follows: (E)With respect to any response plan submitted under this paragraph for an onshore facility that, because of its location, could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted under this paragraph for a tank vessel, nontank vessel, or offshore facility, the President shall— (i)promptly review the response plan; (ii)verify that the response plan complies with subparagraph (A)(iv), relating to risk analyses; (iii)with respect to a plan for an offshore or onshore facility or a tank vessel that carries liquefied natural gas, provide an opportunity for public notice and comment on the response plan; (iv)taking into consideration any public comments received and other appropriate factors, as determined by the President, require revisions to the response plan; (v)approve, approve with revisions, or disapprove the response plan; (vi)review the response plan periodically thereafter, and if applicable requirements are not met, acting through the head of the appropriate Federal department or agency— (I)issue administrative orders directing the owner, operator, or person in charge to comply with the response plan or any regulation issued under this section; or (II)assess civil penalties or conduct other appropriate enforcement actions in accordance with subsections (b)(6), (b)(7), and (b)(8) for failure to develop, submit, receive approval of, adhere to, or maintain the capability to implement the response plan, or failure to comply with any other requirement of this section; (vii)acting through the head of the appropriate Federal department or agency, require, at a minimum, biennial inspections conducted by such agency of the tank vessel, nontank vessel, or facility to ensure compliance with the response plan or identify deficiencies in such plan; (viii)acting through the head of the appropriate Federal department or agency, make the response plan available to the public, including on the Internet; and (ix)in the case of a plan for a nontank vessel, consider any applicable State-mandated response plan in effect on the date of enactment of the Coast Guard and Maritime Transportation Act of 2004 and ensure consistency to the extent practicable. . (3)

Biennial report

Section 311(j)(5) of such Act (33 U.S.C. 1321(j)(5)) is amended by adding at the end the following: (J)Not later than 2 years after the date of enactment of this subparagraph, and biennially thereafter, the President, acting through the Administrator, the Secretary of the department in which the Coast Guard is operating, and the Secretary of Transportation, shall submit to Congress a report containing the following information for each owner, operator, or person in charge that submitted a response plan for a tank vessel, nontank vessel, or other facility under this paragraph: (i)The number of response plans approved, disapproved, or approved with revisions under subparagraph (E) annually for tank vessels, nontank vessels, and facilities of the owner, operator, or person in charge. (ii)The number of inspections conducted under subparagraph (E) annually for tank vessels, nontank vessels, and facilities of the owner, operator, or person in charge. (iii)A summary of each administrative or enforcement action taken with respect each tank vessel, nontank vessel, and facility of the owner, operator, or person in charge, including a description of the violation, the date of violation, the amount of each penalty proposed, and the final assessment of each penalty and an explanation for any reduction in a penalty. . (4)

Administrative provisions for facilities

Section 311(m)(2) of such Act (33 U.S.C. 1321(m)(2)) is amended in each of subparagraphs (A) and (B) by inserting , the Secretary of Transportation, before or the Secretary of the department in which the Coast Guard is operating. (b)

Penalties

(1)

Administrative penalties

(A)

Authority of Secretary of Transportation to assess penalties

Section 311(b)(6)(A) of such Act (33 U.S.C. 1321(b)(6)(A)) is amended by inserting , the Secretary of Transportation, before or the Administrator. (B)

Administrative Penalties for Failure to Provide Notice

Section 311(b)(6)(A) of such Act (33 U.S.C. 1321(b)(6)(A)) is further amended— (i)in clause (i) by striking paragraph (3), or and inserting paragraph (3),; (ii)in clause (ii) by striking any regulation and inserting any order or action required by the President under subsection (c) or (e) or any regulation; (iii)by redesignating clause (ii) as clause (iii); (iv)by inserting after clause (i) the following: (ii)who fails to provide notice to the appropriate Federal agency pursuant to paragraph (5), or ; and (v)by adding at the end the following: Whenever the President delegates the authority to issue regulations under subsection (j), the agency that issues regulations pursuant to that authority shall have the authority to assess a civil penalty in accordance with this section for violations of such regulations.. (C)

Penalty amounts

Section 311(b)(6)(B) of such Act (33 U.S.C. 1321(b)(6)(B)) is amended— (i)in clause (i)— (I)by striking $10,000 and inserting $100,000; and (II)by striking $25,000 and inserting $250,000; and (ii)in clause (ii)— (I)by striking $10,000 and inserting $100,000; and (II)by striking $125,000 and inserting $1,000,000. (2)

Civil penalties

Section 311(b)(7) of such Act (33 U.S.C. 1321(b)(7)) is amended— (A)in subparagraph (A)— (i)by striking $25,000 and inserting $100,000; and (ii)by striking $1,000 and inserting $2,500; (B)in subparagraph (B)— (i)by striking described in subparagraph (A); (ii)in clause (i) by striking carry out removal of the discharge under an order of the President pursuant to subsection (c); or and inserting comply with any action required by the President pursuant to subsection (c),; (iii)in clause (ii) by striking (1)(B); (iv)by redesignating clause (ii) as clause (iii); (v)by inserting after clause (i) the following: (ii)fails to provide notice to the appropriate Federal agency pursuant to paragraph (5), or ; and (vi)by striking “$25,000” and inserting “$100,000”; (C)in subparagraph (C)— (i)by striking $25,000 and inserting $100,000; and (ii)by adding at the end the following: Whenever the President delegates the authority to issue regulations under subsection (j), the agency that issues regulations pursuant to that authority shall have the authority to order injunctive relief or assess a civil penalty in accordance with this section for violations of such regulations and the authority to refer the matter to the Attorney General for action under subparagraph (E).; (D)in subparagraph (D)— (i)by striking $100,000 and inserting $1,000,000; and (ii)by striking $3,000 and inserting $7,500; and (E)in subparagraph (E) by adding at the end the following: The court may award appropriate relief, including a temporary or permanent injunction, civil penalties, compliance requirements, and punitive damages.. (3)

Application

The amendments made by this subsection shall apply to violations occurring on or after April 19, 2010. (c)

Clarification of Federal removal authority

Section 311(c)(1)(B)(ii) of such Act (33 U.S.C. 1321(c)(1)(B)(ii)) is amended by striking the term monitor all and inserting monitor, including through the use of an administrative order, all.

23.

Oil and hazardous substance cleanup technologies

Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the following: (9)

Oil and hazardous substance cleanup technologies

The President, acting through the Secretary of the department in which the Coast Guard is operating, shall— (A)in coordination with the heads of other appropriate Federal agencies, establish a process for— (i)quickly and effectively soliciting, assessing, and deploying offshore oil and hazardous substance cleanup technologies in the event of a discharge or substantial threat of a discharge of oil or a hazardous substance in United States waters; and (ii)effectively coordinating with other appropriate agencies, industry, academia, small businesses, and others to ensure the best technology available is implemented in the event of such a discharge or threat; and (B)in coordination with the heads of other appropriate Federal agencies, maintain a database on best available oil and hazardous substance cleanup technologies in the event of a discharge or substantial threat of a discharge of oil or a hazardous substance in United States waters. .

24.

Implementation of oil spill prevention and response authorities

Section 311(l) of the Federal Water Pollution Control Act (33 U.S.C. 1321(l)) is amended— (1)by striking (l) The President and inserting the following: (l)

Delegation and implementation

(1)

Delegation

The President ; and (2)by adding at the end the following: (2)

Environmental Protection Agency

(A)

In general

The President shall delegate the responsibilities under subparagraph (B) to the Administrator. (B)

Responsibilities

The Administrator shall ensure that Environmental Protection Agency personnel develop and maintain operational capability— (i)for effective inspection, monitoring, prevention, preparedness, and response authorities related to the discharge or substantial threat of a discharge of oil or a hazardous substance; (ii)to protect human health and safety from impacts of a discharge or substantial threat of a discharge of oil or a hazardous substance; (iii)to review and approve of, disapprove of, or require revisions (if necessary) to onshore facility response plans and to carry out all other responsibilities under subsection (j)(5)(E); and (iv)to protect the environment and natural resources from impacts of a discharge or substantial threat of a discharge of oil or a hazardous substance. (3)

Coast Guard

(A)

In general

The President shall delegate the responsibilities under subparagraph (B) to the Secretary of the department in which the Coast Guard is operating. (B)

Responsibilities

The Secretary shall ensure that Coast Guard personnel develop and maintain operational capability— (i)to establish and enforce regulations and standards for procedures, methods, equipment, and other requirements to prevent and to contain a discharge of oil or a hazardous substance from a tank vessel, nontank vessel, or offshore facility; (ii)to establish and enforce regulations, and to carry out all other responsibilities, under subsection (j)(5)(A); (iii)to review and approve of, disapprove of, or require revisions (if necessary) to tank vessel, nontank vessel, and offshore facility response plans and to carry out all other responsibilities under subsection (j)(5)(E); (iv)for effective inspection, monitoring, prevention, preparedness, and response authorities related to the discharge or substantial threat of a discharge of oil or a hazardous substance from a tank vessel, nontank vessel, or offshore facility; (v)to protect the public from impacts of a discharge or substantial threat of a discharge of oil or a hazardous substance in United States waters; and (vi)to protect the environment and natural resources from impacts of a discharge or substantial threat of a discharge of oil or a hazardous substance in United States waters. (C)

Role as first responder

(i)

In general

The responsibilities delegated to the Secretary under subparagraph (B) shall be sufficient to allow the Coast Guard to act as a first responder to a discharge or substantial threat of a discharge of oil or a hazardous substance from a tank vessel, nontank vessel, or offshore facility. (ii)

Capabilities

The President shall ensure that the Coast Guard has sufficient personnel and resources to act as a first responder as described in clause (i), including the resources necessary for on-going training of personnel, acquisition of equipment (including containment booms, dispersants, and skimmers), and prepositioning of equipment. (D)

Contracts

The Secretary may enter into contracts with private and nonprofit organizations for personnel and equipment in carrying out the responsibilities delegated to the Secretary under subparagraph (B). (4)

Department of Transportation

(A)

In general

The President shall delegate the responsibilities under subparagraph (B) to the Secretary of Transportation. (B)

Responsibilities

The Secretary of Transportation shall— (i)establish and enforce regulations and standards for procedures, methods, equipment, and other requirements to prevent and to contain discharges of oil and hazardous substances from transportation-related onshore facilities; (ii)have the authority to review and approve of, disapprove of, or require revisions (if necessary) to transportation-related onshore facility response plans and to carry out all other responsibilities under subsection (j)(5)(E); and (iii)ensure that Department of Transportation personnel develop and maintain operational capability— (I)for effective inspection, monitoring, prevention, preparedness, and response authorities related to the discharge or substantial threat of a discharge of oil or a hazardous substance from a transportation-related onshore facility; (II)to protect the public from the impacts of a discharge or substantial threat of a discharge of oil or a hazardous substance from a transportation-related onshore facility; and (III)to protect the environment and natural resources from the impacts of a discharge or substantial threat of a discharge of oil or a hazardous substance from a transportation-related onshore facility. .

25.

Disaster damage notification and assessment

(a)

In general

Section 60108 of title 49, United States Code, is amended by adding at the end the following: (e)

Disaster damage notification and assessment

(1)

Notification required

In the event of a manmade or natural disaster, the operator of a pipeline facility in an affected location shall notify the Secretary not later than 12 hours after the cessation of the disaster, as determined by the Secretary, or an earlier time determined appropriate by the Secretary, of any changes to the operational status of the pipeline facility, including information concerning physical damages, releases of highly volatile liquid, other hazardous liquid, or gas, disruptions in service, and projected dates for return to service. (2)

Preparation of damage assessments

Not later than 30 days after the cessation of a manmade or natural disaster, as determined by the Secretary, the operator of a pipeline facility in an affected location shall develop and transmit to the Secretary a written damage assessment. The damage assessment, at a minimum, shall— (A)identify any physical damage to the pipeline facility and any other credible threat or hazard to the pipeline facility; (B)assess the extent of any physical damage to the pipeline facility and any other credible threat or hazard to the pipeline facility; (C)evaluate the integrity of the pipeline facility; (D)if necessary, provide a schedule for repairing or abandoning the pipeline facility; and (E)meet any other requirements the Secretary determines are appropriate by regulation. (3)

Abandonment

An operator of a pipeline facility shall notify the Secretary promptly if the operator determines that the pipeline facility must be abandoned as a result of a manmade or natural disaster. (4)

Other

An operator of a pipeline facility shall retain, and make available to the Secretary on request, a copy of any report prepared under this subsection for at least 5 years. (5)

Definitions

In this subsection, the following definitions apply: (A)

Abandon

The term abandon means permanently remove from service. (B)

Affected location

The term affected location means any area directly or substantially affected by a manmade or natural disaster, as determined by the Secretary. (C)

Manmade or natural disaster

The term manmade or natural disaster means any hurricane, tornado, tidal wave, tsunami, earthquake, volcanic eruption, or, regardless of cause, any fire, flood, or explosion, or any similar catastrophe in the United States that causes, or may cause, substantial damage or injury to persons, property, or the environment, as determined by the Secretary. . (b)

Regulations

(1)

Final rule

The Secretary of Transportation shall issue a final rule establishing procedures to carry out section 60108(e) of title 49, United States Code, not later than 1 year after the date of enactment of this Act. (2)

Interim guidance

For the period beginning on the date of enactment of this Act and ending on the date of issuance of a rule under paragraph (1), or the date that is 45 days after such date of enactment, whichever is earlier, the Secretary shall issue interim guidance to the operator of a pipeline facility requiring notification of the Secretary and an assessment of pipeline facilities located in an affected area in the case of a manmade or natural disaster.

26.

Impacts to Indian Tribes

Section 1002(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended— (1)in subparagraph (D) by striking or a political subdivision thereof and inserting a political subdivision of a State, or an Indian tribe; and (2)in subparagraph (F) by striking or a political subdivision of a State and inserting a political subdivision of a State, or an Indian tribe.

27.

National Commission study of Federal management and oversight of offshore drilling

(a)

In general

The National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established by Executive Order No. 13543 dated May 21, 2010 (in this section referred to as the Commission), shall develop recommendations for— (1)improvements to Federal laws, regulations, and industry practices applicable to offshore drilling that would— (A)ensure the effective oversight, inspection, monitoring, and response capabilities; and (B)protect human health and safety, occupational health and safety, and the environment and natural resources; and (2)organizational or other reforms of Federal agencies or processes, including the creation of new agencies, as necessary, to ensure that the improvements described in paragraph (1) are implemented and maintained. (b)

Purposes

In developing recommendations under subsection (a), the Commission shall ensure that the following goals are met: (1)Ensuring the safe operation and maintenance of offshore drilling platforms or vessels. (2)Protecting the health and safety of workers on offshore drilling platforms or vessels. (3)Protecting the overall environment and natural resources surrounding ongoing and potential offshore drilling sites. (4)Protecting the health and safety of workers that service offshore drilling platforms or vessels. (5)Developing and maintaining Federal agency expertise on the safe and effective use of offshore drilling technologies, including technologies to minimize the risk of release of oil from offshore drilling platforms or vessels. (6)Encouraging the development and implementation of efficient and effective oil spill response techniques and technologies that minimize or eliminate any adverse effects on natural resources or the environment that result from response activities. (7)Protecting the health and safety of first responders against releases of oil from offshore drilling platforms or vessels. (8)Ensuring that the Federal agencies regulating offshore drilling are staffed with, and managed by, career professionals, who are— (A)permitted to exercise independent professional judgments and make safety the highest priority in carrying out their responsibilities; (B)not subject to undue influence from regulated interests or political appointees; and (C)subject to strict regulation to prevent improper relationships with regulated interests and to eliminate real or perceived conflicts of interests. (c)

Report to Congress

In coordination with the final public report to the President, the Commission shall submit to Congress a report containing the recommendations developed under subsection (a).

28.

Federal enforcement actions

Section 309(g)(6)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1319(g)(6)(A)) is amended by striking or section 311(b).

29.

Time required before electing to proceed with judicial claim or against the Fund

Paragraph (2) of section 1013(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2713(c)) is amended by striking 90 and inserting 45.

30.

Report on former Coast Guard officials employed by recognized organizations of foreign flag administrations

(a)

Report required

Not later than 1 year after the date of enactment of this Act and annually thereafter, the Comptroller General of the United States shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the employment during the preceding year of individuals who were Coast Guard officials in the previous 5-year period, by recognized organizations contracted to administer maritime programs for foreign flag administrations. (b)

Objectives of report

At a minimum, the report required by this section shall assess the extent to which former Coast Guard officials who received compensation from recognized organizations were assigned to work on matters over which the former Coast Guard officials had oversight, inspection responsibility, or decision-making authority when the officials served in or worked for the Coast Guard. The report shall assess the extent to which former Coast Guard officials were provided compensation by recognized organizations and the positions held by former Coast Guard officials in the preceding calendar year. (c)

Confidentiality requirement

The report required by this subsection shall not include the names of the former Coast Guard officials who received compensation from recognized organizations. (d)

Access to information

The Comptroller General may seek agreements with recognized organizations to obtain access to information for the purpose of preparing reports required by this section. (e)

Definitions

In this section: (1)

Foreign flag administration

The term foreign flag administration means the maritime administration, maritime agency, or similar governmental organization of a country other than the United States that maintains a register of vessels and performs some or all of the following statutory functions with respect to maritime programs: (A)Issues certificates of registry and manning certificates. (B)Conducts or contracts with recognized organizations to conduct safety inspections. (C)Issues radio station licenses. (D)Certifies maritime officers and unlicensed seamen and conducts inquiries into charges of incompetence or misconduct. (E)Regulates the construction, equipment, and operation of vessels under its flag. (F)Monitors vessels’ compliance with international and national standards for marine safety, pollution prevention, and security. (G)Investigates marine casualties. (2)

Recognized organization

The term recognized organization means an organization, such as a classification society or a corporation, to which a foreign flag administration has delegated some or all of its statutory functions with respect to maritime programs. (3)

Coast Guard official

The term Coast Guard official includes former Coast Guard officers, enlisted personnel, or civilian employees who had responsibilities for— (A)issuing certificates of registry and manning certificates; (B)safety inspections; (C)certification of maritime officers and unlicensed seamen; (D)conducting inquiries into charges of incompetence or misconduct of maritime officers and unlicensed seamen; (E)regulation of the construction, equipment, and operation of vessels; (F)monitoring vessels’ compliance with international and national standards for marine safety, pollution prevention, and security; or (G)investigating marine casualties.

31.

Authorized level of Coast Guard personnel

The Coast Guard is authorized an end-of-year strength for active duty personnel of 47,300 for fiscal year 2011, of which at least 300 personnel shall be assigned to implement the activities of the Coast Guard under this Act, including the amendments made by this Act.

32.

Clarification of memorandums of understanding

Not later than September 30, 2011, the President (acting through the head of the appropriate Federal department or agency) shall implement or revise, as appropriate, memorandums of understanding to clarify the roles and jurisdictional responsibilities of the Environmental Protection Agency, the Coast Guard, the Department of Transportation, and other Federal agencies relating to the prevention of oil discharges from tank vessels, nontank vessels, and facilities subject to the Oil Pollution Act of 1990.

33.

Study of health effects of oil spill

(a)

Study

The Director of the Agency for Toxic Substances and Disease Registry and the Director of the Centers for Disease Control and Prevention shall jointly— (1)conduct a comprehensive study of— (A)the effects on human health of exposure to petroleum and other substances released in the oil spill or used or produced in response to the oil spill, including chemicals used to disperse the oil; (B)the effects on human health of secondary exposure to such substances in an aerosolized form; (C)whether such substances include or produce airborne carcinogens, and the effects of any such carcinogens; and (D)the effects of exposure described in subparagraphs (A) and (B) on a child of an individual born after the individual has been subject to such exposure; and (2)beginning as soon as practicable after the date of enactment of this Act, complete a baseline assessment to determine the health status of individuals exposed as described in subparagraph (A) or (B) of paragraph (1) in order to gather data that may be compared with data gathered later under paragraph (1) to determine any change in health status from continued exposure. (b)

Public Health Assessment

The Director of the Agency for Toxic Substances and Disease Registry shall conduct a public health assessment of persons who are thought to have an epidemiological link to the substances described in subsection (a)(1)(A). (c)

Report

The Directors shall submit to Congress a report on the results of the study and baseline assessment under subsection (a) and the assessment under subsection (b). The report shall be submitted not later than two years after the date of enactment of this Act and shall include the findings of the Directors on the matters covered by the report. The Directors shall include in the report a list of diseases or conditions that are found to exist within the populations specified in subsection (a)(1) and their rate of occurrence compared to the general population. (d)

Oil spill defined

For purposes of this section, the term oil spill means the oil spill resulting from the explosion and collapse of the mobile offshore drilling unit Deepwater Horizon.

34.

Offshore energy security

(a)Offshore facilities constructed after the date of enactment of this Act for operation in the United States Exclusive Economic Zone for purposes of any form of energy production shall be built in the United States. (b)Foreign-built offshore facilities not operating in the United States Exclusive Economic Zone for purposes of any form of energy production on the date of enactment of this Act shall not operate in the United States Exclusive Economic Zone for such purposes after the date of enactment of this Act.

35.

Oil spill response vessel database

(a)

Requirement

Not later than 90 days after the date of enactment of this Act, the Commandant of the Coast Guard shall complete an inventory of all vessels operating in the waters of the United States that are capable of meeting oil spill response needs designated in the National Contingency Plan authorized by section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)). (b)

Categorization

The inventory required under subsection (a) shall categorize such vessels by capabilities, type, function, and location. (c)

Maintenance of database

The Commandant shall maintain a database containing the results of the inventory required under subsection (a) and update the information in the database on no less than a quarterly basis. (d)

Availability

The Commandant may make information regarding the location and capabilities of oil spill response vessels available to a Federal On-Scene Coordinator designated under section 311 of such Act (33 U.S.C. 1321) to assist in the response to an oil spill or other incident in the waters of the United States.

36.

Offshore sensing and monitoring systems

(a)

Requirement

Subtitle A of title IV of the Oil Pollution Act of 1990 is amended by adding at the end the following new section:

4119.

Offshore sensing and monitoring systems

(a)

In general

The equipment required to be available under section 311(j)(5)(D)(iii) of the Federal Water Pollution Control Act for facilities listed in section 311(j)(5)(C)(iii) of such Act and located in more than 500 feet of water includes sensing and monitoring systems that meet the requirements of this section. (b)

Systems requirements

Sensing and monitoring systems required under subsection (a) shall— (1)use an integrated, modular, expandable, multi-sensor, open-architecture design and technology with interoperable capability; (2)be capable of— (A)operating for at least 25 years; (B)real-time physical, biological, geological, and environmental monitoring; (C)providing alerts in the event of anomalous circumstances; (D)providing docking bases to accommodate spatial sensors for remote inspection and monitoring; and (E)collecting chemical boundary condition data for drift and flow modeling; and (3)include— (A)an uninterruptible power source; (B)a spatial sensor; and (C)secure Internet access to real-time physical, biological, geological, and environmental monitoring data gathered by the system sensors.

. (b)

Request for information

Within 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a request for information to determine the most capable and efficient domestic systems that meet the requirements under section 4119 of the Oil Pollution Act of 1990, as amended by this section. (c)

Implementing regulations

Within 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue regulations to implement section 4119 of the Oil Pollution Act of 1990 as amended by this section. (d)

Clerical amendment

The table of contents in section 2 of the Oil Pollution Act of 1990 is amended by adding at the end of the items relating to such subtitle the following new item: Sec. 4119. Offshore sensing and monitoring systems. .

37.

Vice commandant; vice admirals

(a)

Vice commandant

(1)Section 41 of title 14, United States Code, is amended by striking an admiral, and inserting admirals,. (2)The fourth sentence of section 47 of such title is amended by striking vice admiral and inserting admiral. (b)

Vice admirals

Section 50 of such title is amended to read as follows:

50.

Vice admirals

(a)(1)The President may designate no more than 4 positions of importance and responsibility that shall be held by officers who— (A)while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade; and (B)shall perform such duties as the Commandant may prescribe. (2)The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for such appointments. (b)(1)The appointment and the grade of vice admiral shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 51(d) of this title, shall terminate on the date the officer is detached from that duty. (2)An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral— (A)while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days; (B)while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days; and (C)while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer’s retirement, but not for more than 60 days. (c)(1)An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer. (2)An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer’s permanent grade. (d)Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.

. (c)

Repeal

Section 50a of such title is repealed. (d)

Conforming amendments

Section 51 of such title is amended— (1)by striking subsections (a), (b), and (c) and inserting the following: (a)An officer, other than the Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served. (b)An officer, other than the Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least 2½ years in the grade of admiral or vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served. (c)An officer, other than the Commandant, who, after serving less than 2½ years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade. ; and (2)by striking Area Commander, or Chief of Staff in subsection (d)(2) and inserting or Vice Admiral. (e)

Continuity of grade

Section 52 of such title is amended by inserting or admiral after vice admiral the first place it appears. (f)

Continuation on active duty

The second sentence of section 290(a) of such title is amended to read as follows: Officers, other than the Commandant, serving for the time being or who have served in the grade of vice admiral or admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued at the grade of rear admiral.. (g)

Clerical amendments

(1)The section caption for section 47 of such title is amended to read as follows:

47.

Vice Commandant; appointment

. (2)The section caption for section 52 of such title is amended to read as follows:

52.

Vice admirals and admiral, continuity of grade

. (3)The analysis for chapter 3 of such title is amended— (A)by striking the item relating to section 47 and inserting the following: 47. Vice Commandant; appointment. ; (B)by striking the item relating to section 50a; (C)by striking the item relating to section 50 and inserting the following: 50. Vice admirals. ; and (D)by striking the item relating to section 52 and inserting the following: 52. Vice admirals and admiral, continuity of grade. . (h)

Technical correction

Section 47 of such title is further amended by striking subsection in the fifth sentence and inserting section. (i)

Treatment of Incumbents; Transition

(1)Notwithstanding any other provision of law, the officer who, on the date of enactment of this Act, is serving as Vice Commandant— (A)shall continue to serve as Vice Commandant; (B)shall have the grade of admiral with pay and allowances of that grade; and (C)shall not be required to be reappointed by reason of the enactment of that Act. (2)Notwithstanding any other provision of law, an officer who, on the date of enactment of this Act, is serving as Chief of Staff, Commander, Atlantic Area, or Commander, Pacific Area— (A)shall continue to have the grade of vice admiral with pay and allowance of that grade until such time that the officer is relieved of his duties and appointed and confirmed to another position as a vice admiral or admiral; or (B)for the purposes of transition, may continue at the grade of vice admiral with pay and allowance of that grade, for not more than 1 year after the date of enactment of this Act, to perform the duties of the officer’s former position and any other such duties that the Commandant prescribes.

38.

Oil and gas exploration and production

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended— (1)by striking paragraph (24); and (2)by redesignating paragraph (25) as paragraph (24).

39.

Authorization of appropriations

(a)

Coast Guard

In addition to amounts made available pursuant to section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)), there is authorized to be appropriated to the Secretary of the department in which the Coast Guard is operating from the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) the following: (1)For fiscal year 2011, $15,000,000. (2)For each of fiscal years 2012 through 2015, $16,000,000. (b)

Environmental Protection Agency

There is authorized to be appropriated to the Administrator of the Environmental Protection Agency from the Oil Spill Liability Trust Fund to implement this Act and the amendments made by this Act $10,000,000 for each of fiscal years 2011 through 2015. (c)

Department of Transportation

There is authorized to be appropriated to the Secretary of Transportation from the Oil Spill Liability Trust Fund to carry out the purposes of this Act and the amendments made by this Act the following: (1)For each of fiscal years 2011 through 2013, $7,000,000. (2)For each of fiscal years 2014 and 2015, $6,000,000.

July 27, 2010 Reported from the Committee on Transportation and Infrastructure 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 ordered to be printed