1.This Act may be cited as the
Omnibus Right to Equitable Means of
Ensuring Damages for Injuries are Efficiently Secured Act of
2010
, also known as the REMEDIES Act
.
2.Congress finds that—
(1)the Deepwater
Horizon explosion and its collapse in the Gulf of Mexico resulted in the
largest environmental disaster in United States History;
(2)the incident led
to 11 deaths, 17 serious injuries, permanent damage and injury to wildlife and
the environment, and greatly impaired the tourism, fishing, shrimping,
oystering, and oil industries in Gulf Coast communities;
(3)in the 72 days
since the explosion, over 80,000,000 gallons of crude oil has leaked into the
Gulf;
(4)the full extent of
the material, economic, and environmental damage caused by the Gulf Coast oil
spill incident is expected to total in the tens of billions of dollars;
(5)under current law,
many of the victims may not be able to receive full and complete compensation
for the loss of their loved ones, their livelihoods, or the damage to our
natural resources;
(6)lax permitting
standards on the part of Federal agencies enabled such disaster; and
(7)the independent
compensation apparatus set up by BP plc has been inadequate.
3.Liability under
Oil Pollution Act of 1990
(a)Increase in
liability limitations under Oil Pollution Act of 1990Section
1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended—
(1)in paragraph
(1)(A) by striking $3,000
and inserting
$6,000
;
(2)in paragraph
(1)(B) by striking $1,900
and inserting
$3,800
;
(3)in paragraph
(1)(C)(i)(I) by striking $22,000,000
and inserting
$44,000,000
;
(4)in paragraph
(1)(C)(i)(II) by striking $16,000,000
and inserting
$32,000,000
;
(5)in paragraph
(1)(C)(ii)(I) by striking $6,000,000
and inserting
$12,000,000
;
(6)in paragraph
(1)(C)(ii)(II) by striking $4,000,000
and inserting
$8,000,000
;
(7)in paragraph (2)
by striking $800,000
and inserting
$1,600,000
;
(8)in paragraph (3)
by striking $75,000,000
and inserting
$300,000,000
; and
(9)in paragraph (4)
by striking $75,000,000
and inserting
$150,000,000
.
(b)Section 1004 of the Oil Pollution Act of 1990 (33
U.S.C. 2704) is amended by adding at the end the following:
(e)
(1)The President shall
pay to any person to whom a responsible party is liable under this Act the
amount of any such liability that is not recoverable from the responsible party
because of the application of the limitations under subsection (a).
(2)The President shall pay the amount referred to in
paragraph (1)—
(A)first from the
Trust Fund, except that the amount paid under this subparagraph shall not
exceed $10,300,000,000 for any incident; and
(B)after payment
under subparagraph (A), from amounts received by the United States as a levy
under paragraph (3).
(3)The President may establish, assess, and collect from
persons in the oil industry a levy to recover the amount of liability to be
paid under paragraph (2)(B) for an
incident.
.
(c)This section will
not be retroactive.
4.Amendments
relating to Oil Spill Liability Trust Fund
(a)Increase in size
of the Oil Spill Liability Trust FundParagraph (1) of section 4611(f) of the
Internal Revenue Code of 1986 is amended by striking
$2,000,000,000
and inserting
$10,000,000,000
.
(b)Increase in
per-Incident cleanup capSubparagraph (A) of section 9509(c)(2) of
such Code is amended—
(1)by striking
$1,000,000,000
both places it appears in the heading and text
and inserting $10,000,000,000
, and
(2)in clause (ii) by
striking $500,000,000
and inserting
$5,000,000,000
.
(c)Subparagraph (B) of
section 4611(c)(2) of such Code is amended—
(1)in clause (i) by
striking 8 cents
and inserting 30 cents
,
and
(2)in clause (ii) by
striking 9 cents
and inserting 40 cents
.
(d)Repeal of sunset
of oil spill liability trust fund financing rateSection 4611(f)
of such Code is amended—
(1)by striking
paragraph (2), and
(2)by striking
(1) In
general.—Except
and inserting
Except
.
(e)Update
expenditures from trust fundSubsection (f) of section 9509 of
such Code is amended by striking the date of the enactment of this
subsection
and inserting the date of the enactment of the
Omnibus Right to Equitable Means of Ensuring
Damages for Injuries are Efficiently Secured Act of
2010
.
(f)The amendments made by this section shall take effect on the
date of the enactment of this Act, and these amendments will not be
retroactive.
5.
(a)Section 30104 of
title 46, United States Code, is amended—
(1)in the section
heading, by striking seamen
inserting covered maritime
employees
;
(2)by striking
seaman
each place it appears and inserting covered
maritime employee
;
(3)by striking
personal representative of
and inserting spouse, parent,
child, sibling, or dependent relative of
;
(4)by inserting
or any person whose act or omission was a cause of the injury or
death
after the employer
;
(5)by inserting
(a) In
general
before the first sentence; and
(6)by adding at the
end of the section the following:
(b)Covered maritime
employee definedIn this
section the term covered maritime employee means—
(1)a seaman;
or
(2)an individual
employed on an offshore facility (as that term is defined in section 1001 of
the Oil Pollution Act of 1990 (33 U.S.C. 2701)) or a mobile offshore drilling
unit.
.
(b)The chapter
analysis at the beginning of chapter 301 of title 46, United States Code, is
amended by striking the item relating to such section and inserting the
following:
30104. Personal injury or death of covered
maritime
employee.
.
6.Amendments to Death on
the High Seas ActThe Death on
the High Seas Act (chapter 303 of title 46, United States Code), is
amended—
(1)by striking
personal representative
each place it appears and inserting
spouse, parent, child, sibling, or dependent relative
;
(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 may include punitive damages if the
death resulted from gross negligence or willful misconduct of the
defendant.
; and
(C)by adding at the
end the following: In this section, the term nonpecuniary
loss means loss of care, comfort, and companionship.
; and
(3)in section 30306, by inserting “(a)” before
the first sentence, and by adding at the end of the section the
following:
(b)Restriction on
recovery by noncitizen and nonresident alien workers for incidents arising
during international voyages of foreign vessels
(1)Except as provided in paragraph (2), a civil action for
maintenance and cure for damages for personal injury or death may not be
brought under a maritime law of the United States if—
(A)the individual
suffering the injury or death was not a citizen or permanent resident alien of
the United States at the time of the incident giving rise to the action;
and
(B)the incident
occurred during an international voyage of a vessel, duly registered under the
laws of a foreign nation, upon which the individual suffering the injury or
death was employed.
(2)Paragraph
(1) does not apply if the individual bringing the action establishes that a
remedy is not available under the laws of—
(A)the country in
which the vessel is registered; or
(B)the country in
which the individual suffering the injury or death maintained citizenship or
residency at the time of the
incident.
.
7.Requirement for
redundancy in response plans
(a)Section
311(j)(5)(D) of the Federal Water Pollution Control Act (33 U.S.C.
1331(j)(5)(D)) is amended by redesignating clauses (v) and (vi) as clauses
(vii) and (viii), and by inserting after clause (iv) the following new
clauses:
(v)include redundancies that specify response
actions that will be taken if other response actions specified in the plan
fail;
(vi)be vetted by
impartial
experts;
.
(b)The Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the
following new section:
32.Response plan
required for permit or license authorizing drilling for oil and
gasThe Secretary may not
issue any license or permit authorizing drilling for oil and gas on the outer
Continental Shelf unless the applicant for the license or permit has a response
plan approved under section 311(j)(5)(D) of the Federal Water Pollution Control
Act (33 U.S.C. 1331(j)(5)(D)) for the vessel or facility that will be used to
conduct such
drilling.
.
8.Suspension of
drilling permit for excessive OSHA or other safety violationsSection 5(a)(1)(B) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1334(a)(1)(B)) is amended by inserting after
human environment
the following: , including in any case
in which 5 or more violations of the Occupational Safety and Health Act of 1970
(29 U.S.C. 651 et seq.), the regulations under that Act, or other safety laws
or regulations occur in operations under the lease or permit within a 1-year
period
.
9.Processing of
claims by responsible partiesSection 1013 of the Oil Pollution Act of
1990 (33 U.S.C. 2713) is amended by adding at the end the following new
subsection:
(g)Processing of
claims by responsible partiesIn processing claims under this section for
loss of income, a responsible party shall—
(1)consider claims
for loss of income according to categories of business of the claimants;
(2)make
determinations based on the unique practices within each category; and
(3)treat fisherman as
a separate
category.
.
10.Class Action
Fairness ActTitle 28, United
States Code, is amended—
(1)in section 1711(2), by inserting ,
but does not include an action brought by a State or subdivision of a State on
behalf of its citizens
before the period; and
(2)in section
1332(d)(1)(B), by inserting , but does not include an action brought by
a State or subdivision of a State on behalf of its citizens
before the
semicolon.
11.Section 1407 of
title 28, United States Code, is amended by adding at the end the
following:
(i)This section does not apply to any
action—
(1)under chapter 301
of title 46, United States Code (commonly called the Jones Act);
(2)under the Death on
the High Seas Act (chapter 303 of title 46, United States Code); or
(3)brought by a State
or a subdivision of a State on behalf of its
citizens.
.
12.Independent
claims systemThe Secretary of
Homeland Security shall have the authority to require any entity that is liable
for damages under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) to
establish an independent claims system for all claims under that Act and for
any other claims against such entity in regard to the same incident that gave
rise to that liability. Such system shall include a categorization of claimants
according to the type of loss for which the claim is made and guidelines for
the type of proof necessary based on the category involved.
13.Emergency oil spill
coordination teamThe
President shall establish an emergency oil spill coordination team that
includes the Commandant of the Coast Guard, the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the Secretary of
Commerce, the Secretary of the Interior, and chief of the Army Corps of
Engineers, to respond to oil spills in the United States. In addition, the
President shall establish the chain of command for such team.
14.Research and
development teamThe President
shall appoint a research and development team to review and recommend new
technologies that prevent oil spills, especially deep water drilling oil
spills. The oil industry shall establish a $1,000,000,000 research and
development fund to develop the latest technologies related to oil spill
recovery, remediation, and cleanup. The team shall be comprised of
representatives of government, industry, research, and academia who have
expertise in research and development activities regarding deep water oil
drilling.
15.The Secretary of
Homeland Security shall make extensive post-traumatic stress disorder
counseling available to victims of significant oil spill disasters, including
indirect victims suffering severe economic damages.
16.Panel of experts
to assess and evaluate the long-term environmental impacts of the Gulf oil
spillThe Administrator of the
Environmental Protection Agency shall establish a panel of experts to assess
and evaluate the long-term environmental impacts of the oil spill in the Gulf
of Mexico resulting from the explosion on and sinking of the mobile offshore
drilling unit Deepwater Horizon.
17.Establishment of
a liability structureThe President shall issue
regulations that establish limitations on liability under the Oil Pollution Act
of 1990 that are substantially similar to the limitations established by
section 170 of the Act of August 1, 1946 (ch. 724; 42 U.S.C. 2210), popularly
known as the Price-Anderson Act. Such regulations shall apply with respect to
such liability in lieu of any limitation on liability established by the Oil
Pollution Act of 1990. This section shall not be retroactive.
18.This Act shall take
effect April 15, 2010.