[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3542 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3542

To create a fair and efficient system to resolve claims of victims for 
economic injury caused by the Deepwater Horizon incident, to establish 
   a Commission to investigate and report on corrective measures to 
  prevent similar incidents, to improve the Oil Spill Liability Trust 
      Fund and Federal oil spill research, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2010

 Ms. Murkowski introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To create a fair and efficient system to resolve claims of victims for 
economic injury caused by the Deepwater Horizon incident, to establish 
   a Commission to investigate and report on corrective measures to 
  prevent similar incidents, to improve the Oil Spill Liability Trust 
      Fund and Federal oil spill research, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Oil Spill 
Compensation Act of 2010''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--DEEPWATER HORIZON CLAIMS RESOLUTION

Sec. 101. Findings and purpose.
Sec. 102. Definitions.
      Subtitle A--Office of Deepwater Horizon Claims Compensation

Sec. 111. Establishment of Office of Deepwater Horizon Claims 
                            Compensation.
Sec. 112. Claimant assistance.
Sec. 113. Compensation program startup.
Sec. 114. Authority of Administrator.
Sec. 115. Advisory Committee on Deepwater Horizon Compensation.
         Subtitle B--Deepwater Horizon Compensation Procedures

Sec. 121. Essential elements of eligible claim.
Sec. 122. General rule concerning no-fault compensation.
Sec. 123. Filing of claims.
Sec. 124. Eligibility determinations and claim awards.
                           Subtitle C--Awards

Sec. 131. Amount.
Sec. 132. Payment.
Sec. 133. Setoffs for collateral source compensation and prior awards.
Sec. 134. Subrogation.
                      Subtitle D--Judicial Review

Sec. 141. Judicial review of rules and regulations.
Sec. 142. Judicial review of award decisions.
Sec. 143. Other judicial challenges.
                    Subtitle E--Effect on Other Laws

Sec. 151. Effect on other laws.
  TITLE II--NATIONAL COMMISSION ON OUTER CONTINENTAL SHELF OIL SPILL 
                               PREVENTION

Sec. 201. Short title.
Sec. 202. Establishment of Commission.
Sec. 203. Purposes.
Sec. 204. Composition of Commission.
Sec. 205. Functions of Commission.
Sec. 206. Powers of Commission.
Sec. 207. Public meetings and hearings.
Sec. 208. Staff of Commission.
Sec. 209. Compensation and travel expenses.
Sec. 210. Security clearances for Commission members and staff.
Sec. 211. Reports of Commission; adjournment.
Sec. 212. Funding.
Sec. 213. Nonapplicability of Federal Advisory Committee Act.
                     TITLE III--OIL SPILL LIABILITY

                 Subtitle A--Oil Pollution Act of 1990

Sec. 301. Liability limits.
Sec. 302. Advance payment.
               Subtitle B--Oil Spill Liability Trust Fund

Sec. 311. Rate of tax for Oil Spill Liability Trust Fund.
Sec. 312. Limitations on expenditures and borrowing authority.
                  TITLE IV--FEDERAL OIL SPILL RESEARCH

Sec. 401. Federal oil spill research.
Sec. 402. National Academy of Science participation.
Sec. 403. Technical and conforming amendments.
Sec. 404. Oil spill response authority.
                      TITLE V--OIL AND GAS LEASING

Sec. 501. Revenue sharing from outer Continental Shelf areas in certain 
                            coastal States.
Sec. 502. Revenue sharing from areas in Alaska Adjacent zone.
Sec. 503. Accelerated revenue sharing to promote coastal resiliency 
                            among Gulf producing States.
Sec. 504. Production of oil from certain Arctic offshore leases.
Sec. 505. Use of stimulus funds to offset spending.
      TITLE VI--GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Gulf of Mexico Regional Citizens' Advisory Council.

              TITLE I--DEEPWATER HORIZON CLAIMS RESOLUTION

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the oil spill resulting from the Deepwater Horizon 
        incident has caused major economic damage to the residents of 
        the States bordering the Gulf of Mexico;
            (2) the limits on strict liability imposed by the Oil 
        Pollution Act of 1990 (33 U.S.C. 2701 et seq.) will be exceeded 
        by the claims resulting from the Deepwater Horizon incident; 
        and
            (3) while the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
        seq.) places no restrictions on liability for damages from the 
        accident under State law, litigation of such cases may take 
        decades, and consume in litigation expenses and contingent 
        fees, funds that could otherwise be used to quickly and 
        efficiently compensate the citizens of the Gulf States for 
        damages resulting from the Deepwater Horizon incident.
    (b) Purpose.--The purpose of this title is to create a fair and 
efficient system for the payment of legitimate present and future 
claims for damages resulting from the Deepwater Horizon incident.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office.
            (2) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee on Deepwater Horizon Compensation 
        established under section 115(a).
            (3) Claim.--The term ``claim'' means any claim, based on 
        any theory, allegation, or cause of action, for damages 
        presented in a civil action or bankruptcy proceeding, directly, 
        indirectly, or derivatively arising out of, based on, or 
        related to, in whole or in part, the effects of the Deepwater 
        Horizon incident.
            (4) Claimant.--The term ``claimant'' means a person or 
        State who files a claim under section 123.
            (5) Civil action.--
                    (A) In general.--The term ``civil action'' means a 
                civil action filed in Federal or State court, whether 
                cognizable as a case at law, in equity, or in 
                admiralty.
                    (B) Exclusion.--The term ``civil action'' does not 
                include an action relating to any workers' compensation 
                law.
            (6) Collateral source compensation.--The term ``collateral 
        source compensation'' means the compensation that a claimant 
        received, or is entitled to receive, from a responsible party 
        as a result of a final judgment, settlement, or other payment 
        for damages that are the source of a claim under section 123, 
        including payments made under the Oil Pollution Act of 1990 (33 
        U.S.C. 2701 et seq.).
            (7) Compensation program.--The term ``compensation 
        program'' means the compensation program established under this 
        title.
            (8) Damages.--The term ``damages'' means damages specified 
        in section 131(b), including the cost of assessing those 
        damages.
            (9) Deepwater horizon incident.--The term ``Deepwater 
        Horizon incident'' means the blowout and explosion of the 
        mobile offshore drilling unit Deepwater Horizon that occurred 
        on April 20, 2010, and resulting hydrocarbon releases into the 
        environment.
            (10) Department.--The term ``Department'' means the 
        Department of the Interior.
            (11) Fund.--The term ``Fund'' means the Oil Spill Liability 
        Trust Fund established by section 9509 of the Internal Revenue 
        Code of 1986.
            (12) Law.--The term ``law'' includes all law, judicial or 
        administrative decisions, rules, regulations, or any other 
        principle or action having the effect of law.
            (13) Office.--The term ``Office'' means the Office of 
        Deepwater Horizon Claims Compensation established under section 
        111.
            (14) Parties.--The term ``parties'' means, with respect to 
        an individual claim, the claimant and the responsible party.
            (15) Person.--
                    (A) In general.--The term ``person'' means an 
                individual, trust, firm, joint stock company, 
                partnership, association, insurance company, 
                reinsurance company, or corporation.
                    (B) Exclusions.--The term ``person'' does not 
                include--
                            (i) the United States;
                            (ii) a State; or
                            (iii) a political subdivision of a State.
            (16) Responsible party.--The term ``responsible party'' 
        means a responsible party (as defined in section 1001 of the 
        Oil Pollution Act of 1990 (33 U.S.C. 2701)) for the Deepwater 
        Horizon incident.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (18) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau; and
                    (J) the United States Virgin Islands.
            (19) Successor in interest.--The term ``successor in 
        interest'' means any person that acquires assets, and 
        substantially continues the business operations, of a 
        responsible party, considering factors that include--
                    (A) retention of the same facilities or location;
                    (B) retention of the same employees;
                    (C) maintaining the same job under the same working 
                conditions;
                    (D) retention of the same supervisory personnel;
                    (E) continuity of assets;
                    (F) production of the same product or offer of the 
                same service;
                    (G) retention of the same name;
                    (H) maintenance of the same customer base;
                    (I) identity of stocks, stockholders, and directors 
                between the asset seller and the purchaser; or
                    (J) whether the successor holds itself out as 
                continuation of previous enterprise, but expressly does 
                not include whether the person actually knew of the 
                liability of the responsible party under this title.

      Subtitle A--Office of Deepwater Horizon Claims Compensation

SEC. 111. ESTABLISHMENT OF OFFICE OF DEEPWATER HORIZON CLAIMS 
              COMPENSATION.

    (a) In General.--
            (1) Establishment.--There is established within the 
        Department the Office of Deepwater Horizon Claims Compensation, 
        which shall be headed by the Administrator.
            (2) Purpose.--The purpose of the Office shall be to provide 
        timely, fair compensation, under the terms specified in this 
        title, on a no-fault basis and in a nonadversarial manner, to 
        persons and State or local governments that have incurred 
        economic damages as a result of the Deepwater Horizon incident.
            (3) Termination of the office.--The Office shall terminate 
        effective not later than 1 year following the date of 
        certification by the Administrator that the Fund has neither 
        paid a claim in the previous 1-year period nor has debt 
        obligations remaining to pay.
            (4) Expenses.--The Fund shall be available to the Secretary 
        for expenditure, without further appropriation and without 
        fiscal year limitation, as necessary for any and all expenses 
        associated with the Office, including--
                    (A) personnel salaries and expenses, including 
                retirement and similar benefits; and
                    (B) all administrative and legal expenses.
    (b) Appointment of Administrator.--
            (1) In general.--The Administrator of the Office shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Term.--The term of the Administrator shall be 5 years.
            (3) Reporting.--The Administrator shall report directly to 
        the Assistant Secretary for Policy, Management, and Budget of 
        the Department.
    (c) Duties of Administrator.--
            (1) In general.--The Administrator shall be responsible 
        for--
                    (A) processing claims for compensation for damages 
                to eligible claimants in accordance with the criteria 
                and procedures established under subtitle B;
                    (B) appointing or contracting for the services of 
                such personnel, making such expenditures, and taking 
                any other actions as may be necessary to carry out the 
                responsibilities of the Office, including entering into 
                cooperative agreements with other Federal or State 
                agencies and entering into contracts with 
                nongovernmental entities;
                    (C) conducting such audits and additional oversight 
                as necessary to assure the integrity of the 
                compensation program;
                    (D) promulgating such rules, regulations, and 
                procedures as may be necessary to carry out this title;
                    (E) making such expenditures as may be necessary in 
                carrying out this title;
                    (F) excluding evidence and disqualifying or 
                debarring any attorney or other individual or entity 
                who provide evidence in support of the application of 
                the claimant for compensation if the Administrator 
                determines that materially false, fraudulent, or 
                fictitious statements or practices have been submitted 
                or engaged in by the individual or entity; and
                    (G) having all other powers incidental, necessary, 
                or appropriate to carrying out the functions of the 
                Office.
            (2) Certain enforcement.--
                    (A) False statements.--For each infraction 
                described in paragraph (1)(F), the Administrator may 
                impose a civil penalty not to exceed $10,000 on any 
                individual or entity found to have submitted or engaged 
                in a materially false, fraudulent, or fictitious 
                statement or practice under this title.
                    (B) Other powers.--The Administrator shall issue 
                appropriate regulations to carry out paragraph (1)(G).
    (d) Audit and Personnel Review Procedures.--The Administrator shall 
establish audit and personnel review procedures for evaluating the 
accuracy of eligibility recommendations of agency and contract 
personnel.

SEC. 112. CLAIMANT ASSISTANCE.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a 
comprehensive claimant assistance program--
            (1) to publicize and provide information to potential 
        claimants about--
                    (A) the availability of benefits for eligible 
                claimants under this title; and
                    (B) the procedures for filing claims and for 
                obtaining assistance in filing claims;
            (2) to provide assistance to potential claimants in 
        preparing, substantiating, and submitting claims, including 
        assistance in obtaining the documentation necessary to support 
        a claim;
            (3) to respond to inquiries from claimants and potential 
        claimants;
            (4) to provide translation services to claimants and 
        potential claimants;
            (5) to provide training with respect to the applicable 
        procedures for the preparation and filing of claims to persons 
        who provide assistance or representation to claimants, 
        including nonprofit organizations and State and local 
        government entities; and
            (6) to provide for the establishment of a website on which 
        claimants may access all relevant forms and information.
    (b) Resource Centers.--
            (1) In general.--The claimant assistance program shall 
        provide for the establishment of resource centers in areas in 
        which there are determined to be large concentrations of 
        potential claimants, including at least 1 resource center in 
        each affected State.
            (2) Location.--The centers shall be located, to the maximum 
        extent practicable, in facilities of the Department or other 
        Federal agencies.
    (c) Attorney's Fees.--
            (1) In general.--Notwithstanding any other provision of 
        law, the representative of an individual may not receive, for 
        services rendered in connection with the claim of an individual 
        under this title, more than 5 percent of a final award made 
        (whether by the Administrator initially or as a result of 
        administrative review) on the claim.
            (2) Penalty.--Any representative of a claimant who violates 
        this subsection shall be fined not more than the greater of--
                    (A) $5,000; or
                    (B) twice the amount received by the representative 
                for services rendered in connection with each 
                violation.

SEC. 113. COMPENSATION PROGRAM STARTUP.

    (a) Interim Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall issue interim 
regulations and procedures for the processing of claims under this 
title.
    (b) Interim Personnel.--
            (1) In general.--The Secretary and the Assistant Secretary 
        for Policy, Management, and Budget of the Department may make 
        available to the Administrator on a temporary basis such 
        personnel and other resources as may be necessary to facilitate 
        the expeditious startup of the compensation program.
            (2) Contracts.--The Administrator may contract with 
        individuals or entities having relevant experience to assist in 
        the expeditious startup of the compensation program.
    (c) Extreme Financial Hardship Claims.--In the final regulations 
promulgated under section 111(c), the Administrator shall designate 
categories of claims to be handled on an expedited basis as a result of 
extreme financial hardship.
    (d) Interim Administrator.--Until an Administrator is appointed and 
confirmed under section 111(b), the responsibilities of the 
Administrator under this title shall be performed by the Assistant 
Secretary for Policy, Management, and Budget of the Department, who 
shall have all the authority conferred by this title on the 
Administrator and who shall be considered to be the Administrator for 
purposes of this title.
    (e) Stay of Claims; Return to Tort System.--
            (1) Stay of claims.--
                    (A) Pending actions.--Notwithstanding any other 
                provision of this title, any claim for damages pending 
                in any Federal or State court for monetary damages 
                related to the Deepwater Horizon incident as of the 
                date of enactment of this Act shall be subject to a 
                stay.
                    (B) Future actions.--Notwithstanding any other 
                provision of this title, any claim for damages filed in 
                any Federal or State court for monetary damages related 
                to the Deepwater Horizon incident after the date of 
                enactment of this Act shall be subject to a stay 60 
                days after the date of the filing of the claim, unless 
                the claimant has filed an election to pursue the claim 
                for damages in the Federal or State court under 
                paragraph (2).
            (2) Claims.--To be eligible for a claim, any person or 
        State that has filed a timely claim seeking a judgment or order 
        for monetary damages related to the Deepwater Horizon incident 
        in any Federal or State court before, on, or after the date of 
        enactment of this Act, shall file with the Administrator and 
        serve on all defendants in the pending court action an election 
        to pursue the claim for damages under this title or continue to 
        pursue the claim in the Federal or State court--
                    (A) not later than 60 days after the date of 
                enactment of this Act, if the claim was filed in a 
                Federal or State court before the date of enactment of 
                this Act; and
                    (B) not later than 60 days after the date of the 
                filing of the claim, if the claim is filed in a Federal 
                or State court on or after the date of enactment of 
                this Act.
            (3) Stay.--Until the claimant files an election under 
        paragraph (2) to continue to pursue the claim in the Federal or 
        State court, the stay under paragraph (1) shall remain in 
        effect.
            (4) Effect of election.--
                    (A) In general.--Any claimant that has elected to 
                pursue a claim for damages in Federal or State court 
                under paragraph (2) shall not be eligible for an award 
                for those damages under section 131.
                    (B) Section 131 claims.--Any claimant that has been 
                awarded damages for a claim under section 131 shall not 
                be eligible for an award of damages for the same claim 
                in Federal or State court.
                    (C) OSLTF claims.--Any claimant that has received 
                payment for damages from a responsible party or through 
                the Oil Spill Liability Trust Fund pursuant to chapter 
                40 of title 33, Code of Federal Regulations, (or a 
                successor regulation) shall not be eligible for an 
                award for those damages under section 131.
            (5) Effect of operational or nonoperational fund.--
                    (A) Reinstatement of claims.--If, after 270 days 
                after the date of enactment of this Act, the 
                Administrator cannot certify to Congress that the 
                Office is operational and awarding claims at a 
                reasonable rate, each person or State that has filed a 
                claim stayed under this subsection may continue the 
                claims of the person or State in the court in which the 
                case was pending prior to the stay.
                    (B) Operational office.--If the Administrator 
                subsequently certifies to Congress that the Office has 
                become operational and awarding all valid claims at a 
                reasonable rate, any claim in a civil action in Federal 
                or State court that is not actually on trial before a 
                jury that has been impaneled and presentation of 
                evidence has commenced, but before deliberation, or 
                before a judge and is at the presentation of evidence, 
                may, at the option of the claimant, be considered a 
                reinstated claim before the Administrator and the civil 
                action before the Federal or State court shall be null 
                and void.
                    (C) Nonoperational office.--Notwithstanding any 
                other provision of this title, if the Administrator 
                certifies to Congress that the Office cannot become 
                operational and awarding all valid claims at a 
                reasonable rate, all claims that have a stay may be 
                filed or reinstated.

SEC. 114. AUTHORITY OF ADMINISTRATOR.

    On any matter within the jurisdiction of the Administrator under 
this title, the Administrator may--
            (1) issue subpoenas for and compel the attendance of 
        witnesses within a radius of 200 miles;
            (2) administer oaths;
            (3) examine witnesses;
            (4) require the production of books, papers, documents, and 
        other potential evidence; and
            (5) request assistance from other Federal agencies with the 
        performance of the duties of the Administrator under this 
        title.

SEC. 115. ADVISORY COMMITTEE ON DEEPWATER HORIZON COMPENSATION.

    (a) Establishment.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator shall establish an 
        Advisory Committee on Deepwater Horizon Compensation.
            (2) Composition and appointment.--
                    (A) In general.--The Advisory Committee shall be 
                composed of 24 members, appointed in accordance with 
                this paragraph.
                    (B) Legislative appointments.--
                            (i) In general.--The majority leader of the 
                        Senate, the minority leader of the Senate, the 
                        Speaker of the House of Representatives, and 
                        the minority leader of the House of 
                        Representatives shall each appoint 4 members to 
                        the Advisory Committee.
                            (ii) Representation.--Of the 4 members 
                        appointed by each Member under clause (i)--
                                    (I) 2 members shall represent the 
                                interests of claimants; and
                                    (II) 2 members shall represent the 
                                interests of responsible parties.
                    (C) Appointments by administrator.--The 
                Administrator shall appoint 8 members to the Advisory 
                Committee, who shall be individuals with qualifications 
                and expertise relevant to the compensation program, 
                including experience or expertise in marine or coastal 
                ecology, oil spill remediation, fisheries management, 
                administering compensation programs, or audits.
    (b) Duties.--The Advisory Committee shall advise the Administrator 
on--
            (1) claims filing and claims processing procedures;
            (2) claimant assistance programs;
            (3) audit procedures and programs to ensure the quality and 
        integrity of the compensation program;
            (4) analyses or research that should be conducted to 
        evaluate past claims and to project future claims under the 
        compensation program; and
            (5) such other matters related to the implementation of 
        this title as the Administrator considers appropriate.
    (c) Operation of Committee.--
            (1) Term.--The term of a member of the Advisory Committee 
        shall be 3 years.
            (2) Chairperson and vice chairperson.--The Administrator 
        shall designate a Chairperson and Vice Chairperson of the 
        Advisory Committee from among the members appointed under 
        subsection (a)(2)(C).
            (3) Meetings.--The Advisory Committee shall meet--
                    (A) at the call of the Chairperson or a majority of 
                the members of the Advisory Committee; and
                    (B) at least--
                            (i) 4 times per year during the first 3 
                        years of the compensation program; and
                            (ii) 2 times per year thereafter.
            (4) Information.--
                    (A) In general.--The Administrator shall provide to 
                the Advisory Committee such information as is necessary 
                and appropriate for the Advisory Committee to carry out 
                this section.
                    (B) Other agencies.--
                            (i) In general.--On request of the Advisory 
                        Committee, the Administrator may secure 
                        directly from any Federal, State, or local 
                        department or agency such information as may be 
                        necessary to enable the Advisory Committee to 
                        carry out this section.
                            (ii) Provision of information.--On request 
                        of the Administrator, the head of the 
                        department or agency described in clause (i) 
                        shall furnish such information to the Advisory 
                        Committee.
            (5) Administrative support.--The Administrator shall 
        provide the Advisory Committee with such administrative support 
        as is reasonably necessary to enable the Advisory Committee to 
        carry out this section.
    (d) Expenses.--A member of the Advisory Committee, other than a 
full-time Federal employee, while attending a meeting of the Advisory 
Committee or while otherwise serving at the request of the 
Administrator, and while serving away from the home or regular place of 
business of the member, shall be allowed travel and meal expenses, 
including per diem in lieu of subsistence, as authorized by section 
5703 of title 5, United States Code, for individuals in the Federal 
Government serving without pay.

         Subtitle B--Deepwater Horizon Compensation Procedures

SEC. 121. ESSENTIAL ELEMENTS OF ELIGIBLE CLAIM.

    To be eligible for an award under this title for damages, a 
claimant shall--
            (1) file a claim in a timely manner in accordance with 
        section 123; and
            (2) prove, by a preponderance of the evidence, that the 
        claimant has suffered damages as a result of the Deepwater 
        Horizon incident.

SEC. 122. GENERAL RULE CONCERNING NO-FAULT COMPENSATION.

    To be eligible for an award under this title for damages, a 
claimant shall not be required to demonstrate that the damages for 
which the claim is being made resulted from the negligence or other 
fault of any other person.

SEC. 123. FILING OF CLAIMS.

    (a) Eligible Claimants.--
            (1) In general.--Any person or State that has suffered 
        monetary damage as a result of the Deepwater Horizon incident 
        may file a claim with the Office for an award with respect to 
        the damage.
            (2) Limitation.--A claim may not be filed by any person or 
        State under this title for contribution or indemnity.
    (b) Statute of Limitations.--Except as otherwise provided in this 
subsection, if a person or State fails to file a claim with the Office 
under this section during the 5-year period beginning on the date on 
which the person or State first discovered facts that would have led a 
reasonable person to conclude that damage had occurred, any claim 
relating to the damage, and any other claim related to that damage, 
shall be extinguished, and any recovery on the damage shall be 
prohibited.
    (c) Future Claims Not Precluded.--Filing of a claim under 
subsection (a) shall not preclude the filing of additional claims for 
damages arising from the Deepwater Horizon incident that are manifested 
at a later date.
    (d) Required Information.--A claim filed under subsection (a) shall 
be in such form, and contain such information in such detail, as the 
Administrator shall by regulation prescribe.
    (e) Date of Filing.--A claim shall be considered to be filed on the 
date that the claimant mails the claim to the Office, as determined by 
postmark, or on the date that the claim is received by the Office, 
whichever is the earliest determinable date.
    (f) Incomplete Claims.--
            (1) In general.--If a claim filed under subsection (a) is 
        incomplete, the Administrator shall, not later than 30 days 
        after the date of receipt of the incomplete claim, notify the 
        claimant of the information necessary to complete the claim and 
        inform the claimant of such services as may be available 
        through the claimant assistance program established under 
        section 112 to assist the claimant in completing the claim.
            (2) Time periods.--
                    (A) In general.--Except as provided in subparagraph 
                (B), any time period for the processing of the claim 
                shall be suspended until such time as the claimant 
                submits the information necessary to complete the 
                claim.
                    (B) Deadline.--If the information described in 
                subparagraph (A) is not received during the 1-year 
                period beginning on the date of the notification, the 
                claim shall be dismissed.

SEC. 124. ELIGIBILITY DETERMINATIONS AND CLAIM AWARDS.

    (a) In General.--
            (1) Review of claims.--The Administrator shall, in 
        accordance with this section, determine whether each claim 
        filed satisfies the requirements for eligibility for an award 
        under this title and, if so, the value of the award.
            (2) Factors.--In making a determination under paragraph 
        (1), the Administrator shall consider--
                    (A) the claim presented by the claimant;
                    (B) the factual evidence submitted by the claimant 
                in support of the claim; and
                    (C) the results of such investigation as the 
                Administrator may consider necessary to determine 
                whether the claim satisfies the criteria for 
                eligibility established by this title.
            (3) Additional evidence.--
                    (A) In general.--The Administrator may request the 
                submission of evidence in addition to the minimum 
                requirements of section 123 if necessary to make a 
                determination of eligibility for an award.
                    (B) Cost.--If the Administrator requests additional 
                evidence under subparagraph (A), the cost of obtaining 
                the additional evidence shall be borne by the Office.
    (b) Proposed Decisions.--
            (1) In general.--Not later than 90 days after the date of 
        the filing of a claim, the Administrator shall provide to the 
        parties a proposed decision--
                    (A) accepting or rejecting the claim in whole or in 
                part; and
                    (B) specifying the amount of any proposed award.
            (2) Form.--The proposed decision shall--
                    (A) be in writing;
                    (B) contain findings of fact and conclusions of 
                law; and
                    (C) contain an explanation of the procedure for 
                obtaining review of the proposed decision.
    (c) Review of Proposed Decisions.--
            (1) Right to hearing.--
                    (A) In general.--Any party not satisfied with a 
                proposed decision of the Administrator under subsection 
                (b) shall be entitled, on written request made not 
                later than 90 days after the date of the issuance of 
                the decision, to a hearing on the claim of the claimant 
                before a representative of the Administrator.
                    (B) Testimony.--At the hearing, the party shall be 
                entitled to present oral evidence and written testimony 
                in further support of the claim.
                    (C) Conduct of hearing.--
                            (i) In general.--The hearing shall, to the 
                        maximum extent practicable, be conducted at a 
                        time and place convenient for the claimant.
                            (ii) Administration.--Except as otherwise 
                        provided in this title, in conducting the 
                        hearing, the representative of the 
                        Administrator shall conduct the hearing in a 
                        manner that best determines the rights of the 
                        parties and shall not be bound by--
                                    (I) common law or statutory rules 
                                of evidence;
                                    (II) technical or formal rules of 
                                procedure; or
                                    (III) section 554 of title 5, 
                                United States Code.
                            (iii) Evidence.--For purposes of clause 
                        (ii), the representative of the Administrator 
                        shall receive such relevant evidence as the 
                        claimant adduces and such other evidence as the 
                        representative determines necessary or useful 
                        in evaluating the claim.
                    (D) Request for subpoenas.--
                            (i) In general.--Subject to clause (iv), a 
                        party may request a representative of the 
                        Administrator to issue a subpoena but the 
                        decision to grant or deny the request is within 
                        the discretion of the representative.
                            (ii) Subpoenas.--Subject to clause (iii), 
                        the representative may issue subpoenas for--
                                    (I) the attendance and testimony of 
                                witnesses; and
                                    (II) the production of books, 
                                records, correspondence, papers, or 
                                other relevant documents.
                            (iii) Prerequisites.--Subpoenas may be 
                        issued for documents under this subparagraph 
                        only if--
                                    (I) in the case of documents, the 
                                documents are relevant and cannot be 
                                obtained by other means; and
                                    (II) in the case of witnesses, oral 
                                testimony is the best way to ascertain 
                                the facts.
                            (iv) Request.--
                                    (I) Hearing process.--A party may 
                                request a subpoena under this 
                                subparagraph only as part of the 
                                hearing process.
                                    (II) Form.--To request a subpoena, 
                                the requester shall--
                                            (aa) submit the request in 
                                        writing and send the request to 
                                        the representative as early as 
                                        practicable, but not later than 
                                        30 days, after the date of the 
                                        original hearing request; and
                                            (bb) explain why the 
                                        testimony or evidence is 
                                        directly relevant to the issues 
                                        at hand, and a subpoena is the 
                                        best method or opportunity to 
                                        obtain the evidence because 
                                        there are no other means by 
                                        which the documents or 
                                        testimony could have been 
                                        obtained.
                            (v) Fees and mileage.--
                                    (I) In general.--Any person 
                                required by a subpoena to attend as a 
                                witness shall be allowed and paid the 
                                same fees and mileage as are paid 
                                witnesses in the district courts of the 
                                United States.
                                    (II) Fund.--The fees and mileage 
                                shall be paid from the Fund.
            (2) Review of written record.--
                    (A) In general.--Instead of a hearing under 
                paragraph (1), any party not satisfied with a proposed 
                decision of the Administrator shall have the option, on 
                written request made not later than 90 days after the 
                date of the issuance of the decision, of obtaining a 
                review of the written record by a representative of the 
                Administrator.
                    (B) Opportunity to be heard.--If a review is 
                requested under subparagraph (A), the parties shall be 
                afforded an opportunity to submit any written evidence 
                or argument that the claimant believes relevant.
    (d) Final Decisions.--
            (1) In general.--If the period of time for requesting 
        review of the proposed decision expires and no request has been 
        filed, or if the parties waive any objections to the proposed 
        decision, the Administrator shall issue a final decision.
            (2) Variance from proposed decision.--If the decision 
        materially differs from the proposed decision, the parties 
        shall be entitled to review of the decision under subsection 
        (c).
            (3) Timing.--If the parties request review of all or part 
        of the proposed decision the Administrator shall issue a final 
        decision on the claim not later than--
                    (A) 180 days after the date the request for review 
                is received, if a party requests a hearing; or
                    (B) 90 days after the date the request for review 
                is received, if the claimant requests review of the 
                written record.
            (4) Content.--The decision shall be in writing and contain 
        findings of fact and conclusions of law.
    (e) Representation.--A party may authorize an attorney or other 
individual to represent the party in any proceeding under this title.

                           Subtitle C--Awards

SEC. 131. AMOUNT.

    (a) In General.--A claimant that meets the requirements of section 
121 shall be entitled to an award in an amount equal to the damages 
specified in subsection (b) sustained as a result of Deepwater Horizon 
incident.
    (b) Covered Damages.--For purposes of subsection (a), covered 
damages shall be 1 or more of the following types of damages (if 
applicable):
            (1) Real or personal property.--Damages for injury to, or 
        economic losses resulting from destruction of, real or personal 
        property, which shall be recoverable by a claimant who owns or 
        leases that property.
            (2) Subsistence use.--Damages for loss of subsistence use 
        of natural resources, which shall be recoverable by any 
        claimant who so uses natural resources that have been injured, 
        destroyed, or lost, without regard to the ownership or 
        management of the resources.
            (3) Revenues.--Damages equal to the net loss of taxes, 
        royalties, rents, fees, or net profit shares due to the injury, 
        destruction, or loss of real property, personal property, or 
        natural resources, which shall be recoverable by a State or a 
        political subdivision of a State.
            (4) Profits and earning capacity.--Damages equal to the 
        loss of profits or impairment of earning capacity due to the 
        injury, destruction, or loss of real property, personal 
        property, or natural resources, which shall be recoverable by 
        any claimant.
            (5) Public services.--Damages for net costs of providing 
        increased or additional public services during or after removal 
        activities, including protection from fire, safety, or health 
        hazards, caused by a discharge of oil, which shall be 
        recoverable by a State or a political subdivision of a State.

SEC. 132. PAYMENT.

    (a) Payments.--Not later than 30 days after a final determination 
of an award under this title, a claimant that is entitled to an award 
under this title shall receive the amount of the award through payments 
from the responsible parties.
    (b) Limitation on Transferability.--A claim filed under this title 
shall not be assignable or otherwise transferable under this title.
    (c) Payment From Fund.--
            (1) In general.--If the responsible parties fail to pay an 
        award within the time period for payment under subsection (a), 
        the Administrator shall pay any such award from the Fund not 
        later than 15 days after the date of expiration of that time 
        period.
            (2) Subrogation of claims.--Payment of any claim from the 
        Fund under this section shall be subject to the acquisition, by 
        the Federal Government, of subrogation of rights of the 
        claimant to recover those damages for which the Federal 
        Government has compensated the claimant from the responsible 
        parties.
            (3) Judicial action.--
                    (A) In general.--Upon request of the Administrator, 
                the Attorney General shall bring a civil action on 
                behalf of the Fund to recover any compensation paid to 
                any claimant pursuant to this title, and, without 
                regard to any limitation of liability, all interest, 
                administrative and adjudicative costs, and attorney's 
                fees incurred by the Fund by reason of the claim.
                    (B) Liability.--A civil action may be brought under 
                subparagraph (A) against any responsible party that is 
                liable, pursuant to any law, to the compensated 
                claimant, for the damages or costs for which 
                compensation was paid.

SEC. 133. SETOFFS FOR COLLATERAL SOURCE COMPENSATION AND PRIOR AWARDS.

    The amount of an award otherwise available to a claimant under this 
title shall be reduced by the amount of collateral source compensation.

SEC. 134. SUBROGATION.

    Any person that pays compensation pursuant to this title to any 
claimant for damages shall be subrogated to all rights, claims, and 
causes of action the claimant has under any other law.

                      Subtitle D--Judicial Review

SEC. 141. JUDICIAL REVIEW OF RULES AND REGULATIONS.

    (a) Exclusive Jurisdiction.--The United States Court of Appeals for 
the District of Columbia Circuit shall have exclusive jurisdiction over 
any action to review rules or regulations promulgated by the 
Administrator under this title.
    (b) Period for Filing Petition.--A petition for review under this 
section shall be filed not later than 60 days after the date notice of 
the promulgation of the rules or regulations appears in the Federal 
Register.
    (c) Expedited Procedures.--The United States Court of Appeals for 
the District of Columbia Circuit shall provide for expedited procedures 
for reviews under this section.

SEC. 142. JUDICIAL REVIEW OF AWARD DECISIONS.

    (a) In General.--Any claimant or responsible party adversely 
affected or aggrieved by a final decision of the Administrator awarding 
or denying compensation under this title may petition for judicial 
review of the decision.
    (b) Period for Filing Petition.--Any petition for review under this 
section shall be filed not later than 90 days after the date of 
issuance of a final decision of the Administrator.
    (c) Exclusive Jurisdiction.--A petition for review may only be 
filed in the United States Court of Appeals for the circuit in which 
the claimant resides at the time of the issuance of the final order.
    (d) Standard of Review.--The court shall uphold the decision of the 
Administrator unless the court determines, on review of the record as a 
whole, that the decision is not supported by substantial evidence, is 
contrary to law, or is not in accordance with procedure required by 
law.
    (e) Expedited Procedures.--The United States Court of Appeals shall 
provide for expedited procedures for reviews under this section.

SEC. 143. OTHER JUDICIAL CHALLENGES.

    (a) Exclusive Jurisdiction.--The United States District Court for 
the District of Columbia shall have exclusive jurisdiction over any 
action for declaratory or injunctive relief challenging any provision 
of this title.
    (b) Period for Filing Petitions.--An action under this section 
shall be filed not later than the later of--
            (1) the date that is 60 days after the date of enactment of 
        this Act; or
            (2) the date that is 60 days after the final action by the 
        Administrator or the Office giving rise to the action.
    (c) Direct Appeal.--
            (1) In general.--A final decision in the action shall be 
        reviewable on appeal directly to the Supreme Court.
            (2) Administration.--The appeal shall be taken by the 
        filing of a notice of appeal not later than 30 days, and the 
        filing of a jurisdictional statement not later than 60 days, 
        after the date of the entry of the final decision.
    (d) Expedited Procedures.--It is the sense of Congress that the 
Supreme Court and the United States District Court for the District of 
Columbia are urged to advance on the docket and otherwise expedite, to 
the maximum extent practicable, the disposition of an action covered by 
this section.

                    Subtitle E--Effect on Other Laws

SEC. 151. EFFECT ON OTHER LAWS.

    This title shall supersede any Federal or State law to the extent 
that the law relates to any claim for damages compensated under this 
title.

  TITLE II--NATIONAL COMMISSION ON OUTER CONTINENTAL SHELF OIL SPILL 
                               PREVENTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Commission on Outer 
Continental Shelf Oil Spill Prevention Act of 2010''.

SEC. 202. ESTABLISHMENT OF COMMISSION.

    There is established in the Legislative branch the National 
Commission on Outer Continental Shelf Oil Spill Prevention (referred to 
in this title as the ``Commission'').

SEC. 203. PURPOSES.

    The purposes of the Commission are--
            (1) to examine and report on the facts and causes relating 
        to the Deepwater Horizon explosion and oil spill of 2010;
            (2) to ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the incident;
            (3) to build upon the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of--
                    (A) the Committees on Energy and Natural Resources 
                and Commerce, Science, and Transportation of the 
                Senate;
                    (B) the Committee on Natural Resources and the 
                Subcommittee on Oversight and Investigations of the 
                House of Representatives; and
                    (C) other Executive branch, congressional, or 
                independent commission investigations into the 
                Deepwater Horizon incident of 2010, other fatal oil 
                platform accidents and major spills, and major oil 
                spills generally;
            (4) to make a full and complete accounting of the 
        circumstances surrounding the incident, and the extent of the 
        preparedness of the United States for, and immediate response 
        of the United States to, the incident; and
            (5) to investigate and report to the President and Congress 
        findings, conclusions, and recommendations for corrective 
        measures that may be taken to prevent similar incidents.

SEC. 204. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) 1 member shall be appointed by the President, who shall 
        serve as Chairperson of the Commission;
            (2) 1 member shall be appointed by the majority or minority 
        (as the case may be) leader of the Senate from the Democratic 
        Party, in consultation with the majority or minority (as the 
        case may be) leader of the House of Representatives from the 
        Democratic Party, who shall serve as Vice Chairperson of the 
        Commission;
            (3) 2 members shall be appointed by the senior member of 
        the leadership of the Senate from the Democratic Party;
            (4) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives from the 
        Republican Party;
            (5) 2 members shall be appointed by the senior member of 
        the leadership of the Senate from the Republican Party; and
            (6) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives from the 
        Democratic Party.
    (b) Qualifications; Initial Meeting.--
            (1) Political party affiliation.--Not more than 5 members 
        of the Commission shall be from the same political party.
            (2) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be a current officer or employee of the 
        Federal Government or any State or local government.
            (3) Other qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be prominent 
        United States citizens, with national recognition and 
        significant depth of experience and expertise in such areas 
        as--
                    (A) engineering;
                    (B) environmental compliance;
                    (C) health and safety law (particularly oil spill 
                legislation);
                    (D) oil spill insurance policies;
                    (E) public administration;
                    (F) oil and gas exploration and production;
                    (G) environmental cleanup; and
                    (H) fisheries and wildlife management.
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed on or before September 15, 2010.
            (5) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission as soon as practicable after 
        the date of enactment of this Act.
    (c) Quorum; Vacancies.--
            (1) In general.--After the initial meeting of the 
        Commission, the Commission shall meet upon the call of the 
        Chairperson or a majority of the members of the Commission.
            (2) Quorum.--6 members of the Commission shall constitute a 
        quorum.
            (3) Vacancies.--Any vacancy in the Commission shall not 
        affect the powers of the Commission, but shall be filled in the 
        same manner in which the original appointment was made.

SEC. 205. FUNCTIONS OF COMMISSION.

    (a) In General.--The functions of the Commission are--
            (1) to conduct an investigation that--
                    (A) investigates relevant facts and circumstances 
                relating to the Deepwater Horizon incident of April 20, 
                2010, and the associated oil spill thereafter, 
                including any relevant legislation, Executive order, 
                regulation, plan, policy, practice, or procedure; and
                    (B) may include relevant facts and circumstances 
                relating to--
                            (i) permitting agencies;
                            (ii) environmental and worker safety law 
                        enforcement agencies;
                            (iii) national energy requirements;
                            (iv) deepwater and ultradeepwater oil and 
                        gas exploration and development;
                            (v) regulatory specifications, testing, and 
                        requirements for offshore oil and gas well 
                        explosion prevention;
                            (vi) regulatory specifications, testing, 
                        and requirements offshore oil and gas well 
                        casing and cementing regulation;
                            (vii) the role of congressional oversight 
                        and resource allocation; and
                            (viii) other areas of the public and 
                        private sectors determined to be relevant to 
                        the Deepwater Horizon incident by the 
                        Commission;
            (2) to identify, review, and evaluate the lessons learned 
        from the Deepwater Horizon incident of April 20, 2010, 
        regarding the structure, coordination, management policies, and 
        procedures of the Federal Government, and, if appropriate, 
        State and local governments and nongovernmental entities, and 
        the private sector, relative to detecting, preventing, and 
        responding to those incidents; and
            (3) to submit to the President and Congress such reports as 
        are required under this title containing such findings, 
        conclusions, and recommendations as the Commission determines 
        to be appropriate, including proposals for organization, 
        coordination, planning, management arrangements, procedures, 
        rules, and regulations.
    (b) Relationship to Inquiry by Congressional Committees.--In 
investigating facts and circumstances relating to energy policy, the 
Commission shall--
            (1) first review the information compiled by, and any 
        findings, conclusions, and recommendations of, the committees 
        identified in subparagraphs (A) and (B) of section 203(3); and
            (2) after completion of that review, pursue any appropriate 
        area of inquiry, if the Commission determines that--
                    (A) those committees have not investigated that 
                area;
                    (B) the investigation of that area by those 
                committees has not been completed; or
                    (C) new information not reviewed by the committees 
                has become available with respect to that area.

SEC. 206. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee or member of the Commission, may, for 
the purpose of carrying out this title--
            (1) hold such hearings, meet and act at such times and 
        places, take such testimony, receive such evidence, and 
        administer such oaths; and
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of such witnesses and the production of such books, 
        records, correspondence, memoranda, papers, documents, tapes, 
        and materials;
as the Commission or such subcommittee or member considers to be 
advisable.
    
    (b) Subpoenas.--
            (1) Issuance.--
                    (A) In general.--A subpoena may be issued under 
                this subsection only--
                            (i) by the agreement of the Chairperson and 
                        the Vice Chairperson; or
                            (ii) by the affirmative vote of 6 members 
                        of the Commission.
                    (B) Signature.--Subject to subparagraph (A), a 
                subpoena issued under this subsection--
                            (i) shall bear the signature of the 
                        Chairperson or any member designated by a 
                        majority of the Commission;
                            (ii) and may be served by any person or 
                        class of persons designated by the Chairperson 
                        or by a member designated by a majority of the 
                        Commission for that purpose.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under paragraph (1), 
                the United States district court for the district in 
                which the subpoenaed person resides, is served, or may 
                be found, or where the subpoena is returnable, may 
                issue an order requiring the person to appear at any 
                designated place to testify or to produce documentary 
                or other evidence.
                    (B) Judicial action for noncompliance.--Any failure 
                to obey the order of the court may be punished by the 
                court as a contempt of that court.
                    (C) Additional enforcement.--In the case of any 
                failure of any witness to comply with any subpoena or 
                to testify when summoned under authority of this 
                section, the Commission may, by majority vote, certify 
                a statement of fact constituting such failure to the 
                appropriate United States attorney, who may bring the 
                matter before the grand jury for action, under the same 
                statutory authority and procedures as if the United 
                States attorney had received a certification under 
                sections 102 through 104 of the Revised Statutes (2 
                U.S.C. 192 through 194).
    (c) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge the duties of the Commission under 
this title.
    (d) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from 
        any Executive department, bureau, agency, board, commission, 
        office, independent establishment, or instrumentality of the 
        Federal Government, information, suggestions, estimates, and 
        statistics for the purposes of this title.
            (2) Cooperation.--Each Federal department, bureau, agency, 
        board, commission, office, independent establishment, or 
        instrumentality shall, to the extent authorized by law, furnish 
        information, suggestions, estimates, and statistics directly to 
        the Commission, upon request made by the Chairperson, the 
        Chairperson of any subcommittee created by a majority of the 
        Commission, or any member designated by a majority of the 
        Commission.
            (3) Receipt, handling, storage, and dissemination.--
        Information shall be received, handled, stored, and 
        disseminated only by members of the Commission and the staff of 
        the Commission in accordance with all applicable laws 
        (including regulations and Executive orders).
    (e) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the functions of the Commission.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as are determined to be advisable and authorized by 
        law.
    (f) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property, including travel, for the direct 
advancement of the functions of the Commission.
    (g) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.

SEC. 207. PUBLIC MEETINGS AND HEARINGS.

    (a) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings, to the extent 
        appropriate; and
            (2) release public versions of the reports required under 
        subsections (a) and (b) of section 211.
    (b) Public Hearings.--Any public hearings of the Commission shall 
be conducted in a manner consistent with the protection of proprietary 
or sensitive information provided to or developed for or by the 
Commission as required by any applicable law (including a regulation or 
Executive order).

SEC. 208. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--
                    (A) In general.--The Chairperson, in consultation 
                with the Vice Chairperson and in accordance with rules 
                agreed upon by the Commission, may, without regard to 
                the civil service laws (including regulations), appoint 
                and fix the compensation of a staff director and such 
                other personnel as are necessary to enable the 
                Commission to carry out the functions of the 
                Commission.
                    (B) Maximum rate of pay.--No rate of pay fixed 
                under this paragraph may exceed the equivalent of that 
                payable for a position at level V of the Executive 
                Schedule under section 5316 of title 5, United States 
                Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The staff director and any 
                personnel of the Commission who are employees shall be 
                considered to be employees under section 2105 of title 
                5, United States Code, for purposes of chapters 63, 81, 
                83, 84, 85, 87, 89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not apply to members of the Commission.
    (b) Detailees.--
            (1) In general.--An employee of the Federal Government may 
        be detailed to the Commission without reimbursement.
            (2) Civil service status.--The detail of the employee shall 
        be without interruption or loss of civil service status or 
        privilege.
    (c) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission may procure temporary and intermittent 
services in accordance with section 3109(b) of title 5, United States 
Code, at rates for individuals that do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title.

SEC. 209. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Commission who 
        is not an officer or employee of the Federal Government shall 
        be compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Commission.
            (2) Federal employees.--A member of the Commission who is 
        an officer or employee of the Federal Government shall serve 
        without compensation in addition to the compensation received 
        for the services of the member as an officer or employee of the 
        Federal Government.
    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Commission.

SEC. 210. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    (a) In General.--Subject to subsection (b), the appropriate Federal 
agencies or departments shall cooperate with the Commission in 
expeditiously providing to the members and staff of the Commission 
appropriate security clearances, to the maximum extent practicable, 
pursuant to existing procedures and requirements.
    (b) Proprietary Information.--No person shall be provided with 
access to proprietary information under this title without the 
appropriate security clearances.

SEC. 211. REPORTS OF COMMISSION; ADJOURNMENT.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of members of the Commission.
    (b) Final Report.--Not later than 180 days after the date of the 
enactment of this Act, the Commission shall submit to the President and 
Congress a final report containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of members of the Commission.
    (c) Temporary Adjournment.--
            (1) In general.--The Commission, and all the authority 
        provided under this title, shall adjourn and be suspended, 
        respectively, on the date that is 60 days after the date on 
        which the final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding activities of the Commission, 
        including--
                    (A) providing testimony to committees of Congress 
                concerning reports of the Commission; and
                    (B) disseminating the final report submitted under 
                subsection (b).
            (3) Reconvening of commission.--The Commission shall stand 
        adjourned until such time as the President or the Secretary of 
        Homeland Security declares an oil spill of national 
        significance to have occurred, at which time--
                    (A) the Commission shall reconvene in accordance 
                with section 204(c); and
                    (B) the authority of the Commission under this 
                title shall be of full force and effect.

SEC. 212. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title--
            (1) $10,000,000 for the first fiscal year in which the 
        Commission convenes; and
            (2) $3,000,000 for each fiscal year thereafter in which the 
        Commission convenes.
    (b) Availability.--Amounts made available to carry out this title 
shall be available--
            (1) for transfer to the Commission for use in carrying out 
        the functions and activities of the Commission under this 
        title; and
            (2) until the date on which the Commission adjourns for the 
        fiscal year under section 211(c).

SEC. 213. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission.

                     TITLE III--OIL SPILL LIABILITY

                 Subtitle A--Oil Pollution Act of 1990

SEC. 301. LIABILITY LIMITS.

    (a) Presidential Establishment of Limits.--Section 1004 of the Oil 
Pollution Act of 1990 (33 U.S.C. 2704) is amended by adding at the end 
the following:
    ``(e) Limits for Strict Liability.--
            ``(1) In general.--For the purpose of subsection (a)(3), 
        after a 60-day period of public notice and comment beginning on 
        the date of enactment of this subsection, and from time to time 
        thereafter, the President shall establish a set of limits for 
        strict liability for damages for incidents occurring from 
        offshore facilities (other than deepwater ports) covered by 
        Outer Continental Shelf leases issued after the date of 
        enactment of the Oil Spill Compensation Act of 2010.
            ``(2) Requirements.--The limits for strict liability 
        established under paragraph (1) shall--
                    ``(A) take into account the availability of 
                insurance products for offshore facilities; and
                    ``(B) be otherwise based equally on and categorized 
                by--
                            ``(i) the water depth of the lease;
                            ``(ii) the minimum projected well depth of 
                        the lease;
                            ``(iii) the proximity of the lease to oil 
                        and gas emergency response equipment and 
                        infrastructure;
                            ``(iv) the likelihood of the offshore 
                        facility covered by the lease to encounter 
                        broken sea ice;
                            ``(v) the record and historical number of 
                        regulatory violations of the leaseholder under 
                        the Outer Continental Shelf Lands Act (43 
                        U.S.C. 1331 et seq.) or the Federal Water 
                        Pollution Control Act (33 U.S.C. 1251 et seq.) 
                        (or the absence of such a record or 
                        violations);
                            ``(vi) the estimated hydrocarbon reserves 
                        of the lease;
                            ``(vii) the estimated well pressure, 
                        expressed in pounds per square inch, of the 
                        reservoir associated with the lease;
                            ``(viii) the availability and projected 
                        availability of funds in the Oil Spill 
                        Liability Trust Fund established by section 
                        9509 of the Internal Revenue Code of 1986;
                            ``(ix) other available remedies under law;
                            ``(x) the estimated economic value of 
                        nonenergy coastal resources that may be 
                        impacted by a spill of national significance 
                        involving the offshore facility covered by the 
                        lease;
                            ``(xi) whether the offshore facility 
                        covered by the lease employs a subsea or 
                        surface blowout preventer stack; and
                            ``(xii) the availability of industry 
                        payments under subsection (f).
    ``(f) Liability of Industry.--
            ``(1) In general.--If an incident on the Outer Continental 
        Shelf results in claims exceeding the maximum amount for strict 
        liability for damages to be paid by the responsible party under 
        subsection (a)(3), the claims in excess of the maximum amount 
        for strict liability for damages under subsection (a)(3) shall 
        be paid initially with not more than 50 percent of the funds 
        available in the Fund, with any remaining liability to be paid 
        in full by all other entities operating offshore facilities on 
        the Outer Continental Shelf on the date of the incident, as 
        determined by the Secretary of the Interior, in accordance with 
        paragraph (2).
            ``(2) Proportional payment.--The amount of liability claims 
        to be paid under paragraph (1) by an entity described in that 
        paragraph shall be determined by the Secretary of the Interior 
        based on the proportion that--
                    ``(A) the number of offshore facilities operated by 
                the entity on the Outer Continental Shelf; bears to
                    ``(B) the total number of offshore facilities 
                operated by all entities on the Outer Continental 
                Shelf.''.
    (b) Conforming Amendments.--
            (1) Limit for offshore facilities.--Section 1004(a) of the 
        Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended--
                    (A) in paragraph (2), by striking ``,,'' and 
                inserting a comma; and
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) for an offshore facility (except a deepwater port) 
        covered by an Outer Continental Shelf lease--
                    ``(A) if the lease was issued prior to the date of 
                enactment of the Oil Spill Compensation Act of 2010, 
                the total of all removal costs plus $75,000,000; and
                    ``(B) if the lease was issued on or after the date 
                of enactment of the Oil Spill Compensation Act of 2010, 
                the total of all removal costs plus the limit for 
                strict liability for damages for that offshore facility 
                established by the President under subsection (e); 
                and''.
            (2) Exceptions.--Section 6002(b) of the Oil Pollution Act 
        of 1990 (33 U.S.C. 2752(b)) is amended in the first sentence by 
        inserting ``1004(f),'' after ``sections''.

SEC. 302. ADVANCE PAYMENT.

    Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is 
amended by adding at the end the following:
    ``(l) Advance Payments.--The President shall promulgate regulations 
that allow advance payments to be made from the Fund to States and 
political subdivisions of States for actions taken to prepare for and 
mitigate substantial threats from the discharge of oil.''.

               Subtitle B--Oil Spill Liability Trust Fund

SEC. 311. RATE OF TAX FOR OIL SPILL LIABILITY TRUST FUND.

    (a) In General.--Section 4611 of the Internal Revenue Code of 1986 
(relating to the imposition of tax) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) except as provided in paragraph (3), the Oil 
                Spill Liability Trust Fund financing rate is--
                            ``(i) in the case of any petroleum product 
                        entered into the United States for consumption, 
                        use, or warehousing from any country which is 
                        not a WTO member country (as defined in section 
                        2(10) of the Uruguay Round Agreements Act), 60 
                        cents a barrel, and
                            ``(ii) in any other case, 20 cents a 
                        barrel.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Adjustments to temporary suspension of oil spill 
        liability trust fund financing rate.--In the case of any 
        calendar quarter in which the Secretary estimates that, as of 
        the close of the previous quarter, the unobligated balance in 
        the Oil Spill Liability Trust Fund is greater than 
        $10,000,000,000, the Oil Spill Liability Trust Fund financing 
        shall be 0 cents a barrel.''; and
            (2) by striking subsection (f).
    (b) Effective Date.--The amendments made by this section shall 
apply on and after the first day of the first calendar quarter after 
the date of enactment of this Act.
    (c) New Revenues to the Oil Spill Liability Trust Fund.--
Notwithstanding section 3302 of title 31, United States Code, the 
revenue resulting from any increase in the Oil Spill Liability Trust 
Fund financing rate under this section or the amendments made by this 
section shall--
            (1) be credited only as offsetting collections for the Oil 
        Spill Liability Trust Fund;
            (2) be available for expenditure only for purposes of the 
        Oil Spill Liability Trust Fund; and
            (3) remain available until expended.

SEC. 312. LIMITATIONS ON EXPENDITURES AND BORROWING AUTHORITY.

    (a) Limitations on Expenditures.--Section 9509(c) of the Internal 
Revenue Code of 1986 (relating to expenditures from the Oil Spill 
Liability Trust Fund) is amended--
            (1) by striking paragraph (2);
            (2) by striking ``Expenditures'' in the subsection heading 
        and all that follows through ``Amounts in'' in paragraph (1) 
        and inserting ``Expenditures.--Amounts in''; and
            (3) by redesignating subparagraphs (A) through (F) as 
        paragraphs (1) through (6), respectively, and indenting 
        appropriately.
    (b) Authority To Borrow.--Section 9509(d) of the Internal Revenue 
Code of 1986 (relating to authority to borrow from the Oil Spill 
Liability Trust Fund) is amended--
            (1) in paragraph (2), by striking ``$1,000,000,000'' and 
        inserting ``$10,000,000,000''; and
            (2) in paragraph (3)--
                    (A) by striking subparagraph (B); and
                    (B) by redesignating subparagraph (C) as 
                subparagraph (B).

                  TITLE IV--FEDERAL OIL SPILL RESEARCH

SEC. 401. FEDERAL OIL SPILL RESEARCH.

    (a) In General.--Title VII of the Oil Pollution Act of 1990 is 
amended--
            (1) by inserting before section 7001 (33 U.S.C. 2761) the 
        following:

``SEC. 7000. DEFINITIONS.

    ``In this title:
            ``(1) Assessment.--The term `assessment' means the research 
        assessment on the status of the oil spill prevention and 
        response capabilities conducted under section 7004.
            ``(2) Committee.--The term `Committee' means the 
        Interagency Committee established under section 7001.
            ``(3) Plan.--The term `plan' means the Federal oil spill 
        research plan developed under section 7005.
            ``(4) Program.--The term `program' means the Federal oil 
        spill research program established under section 7003.'';
            (2) by redesignating section 7002 (33 U.S.C. 2762) as 
        section 7009;
            (3) in section 7001 (33 U.S.C. 2761), by striking 
        subsections (b) through (e) and inserting the following:
    ``(b) Regional Subcommittees.--
            ``(1) In general.--The Committee shall establish--
                    ``(A) a regional subcommittee for each of the Gulf 
                of Mexico and Arctic regions of the United States; and
                    ``(B) such other regional subcommittees as the 
                Committee determines to be necessary.
            ``(2) Coordination.--In accordance with the program, each 
        regional subcommittee established under this subsection shall 
        coordinate with the Committee and other relevant State, 
        national, and international bodies with expertise in the region 
        to research and develop technologies for use in the prevention, 
        detection, recovery, mitigation, and evaluation of effects of 
        incidents in the regional environment.''; and
            (4) by inserting after section 7001 (33 U.S.C. 2761) the 
        following:

``SEC. 7002. FUNCTIONS OF THE COMMITTEE.

    ``The Committee shall--
            ``(1) coordinate a comprehensive Federal oil spill research 
        and development program in accordance with section 7003 to 
        coordinate oil pollution research, technology development, and 
        demonstration among the Federal agencies, in cooperation and 
        coordination with industry, institutions of higher education, 
        research institutions, State and tribal governments, and other 
        relevant stakeholders;
            ``(2) conduct a research assessment on the status of the 
        oil spill prevention and response capabilities in accordance 
        with section 7004; and
            ``(3) develop a Federal oil spill research plan in 
        accordance with section 7005.

``SEC. 7003. FEDERAL OIL SPILL RESEARCH PROGRAM.

    ``(a) In General.--The Committee shall establish a program for 
conducting oil pollution research, development, and demonstration.
    ``(b) Program Elements.--The program established under subsection 
(a) shall provide for research, development, and demonstration 
technologies, practices, and procedures that provide for effective and 
direct response to prevent, detect, recover, or mitigate oil 
discharges, including--
            ``(1) new technologies to detect accidental or intentional 
        overboard oil discharges;
            ``(2) models and monitoring capabilities to predict the 
        transport and fate of oil, including trajectory and behavior 
        predictions due to location, weather patterns, hydrographic 
        data, and water conditions, including Arctic sea ice 
        environments;
            ``(3) containment and well-control capabilities, including 
        drilling of relief wells, containment structures, and injection 
        technologies;
            ``(4) response capabilities, such as improved dispersants, 
        biological treatment methods, booms, oil skimmers, containment 
        vessels, and offshore and onshore storage capacity;
            ``(5) research and training, in coordination with the 
        National Response Team, to improve the removal of oil discharge 
        quickly and effectively;
            ``(6) decision support systems for contingency planning and 
        response;
            ``(7) improvement of options for oily or oiled waste 
        dispersal;
            ``(8) technologies, methods, and standards for use in 
        protecting personnel and for volunteers that may participate in 
        incident responses, including--
                    ``(A) training;
                    ``(B) adequate supervision;
                    ``(C) protective equipment;
                    ``(D) maximum exposure limits; and
                    ``(E) decontamination procedures; and
            ``(9) technologies and methods to prevent, detect, recover, 
        and mitigate oil discharges in polar environments.
    ``(c) Study of Environmental Effects of Response Techniques.--
Notwithstanding any other provision of law, the Coast Guard shall 
conduct reasonable environmental studies of oil discharge prevention or 
mitigation technologies, including the use of small quantities of oil 
for testing of in situ burning, chemical dispersants, and herding 
agents, upon and within navigable waters of the United States, if the 
Coast Guard, in consultation with the Committee, determines that the 
information to be obtained cannot be adequately obtained through a 
laboratory or simulated experiment.

``SEC. 7004. FEDERAL RESEARCH ASSESSMENT.

    ``Not later than 1 year after the date of enactment of the Oil 
Spill Compensation Act of 2010, the Committee shall submit to Congress 
an assessment of the status of oil spill prevention and response 
capabilities that--
            ``(1) identifies research programs conducted and 
        technologies developed by governments, institutions of higher 
        education, and industry;
            ``(2) assesses the status of knowledge on oil pollution 
        prevention, response, and mitigation technologies;
            ``(3) identifies regional oil pollution research needs and 
        priorities for a coordinated program of research at the 
        regional level developed in consultation with State, local, and 
        tribal governments;
            ``(4) assesses the status of spill response equipment and 
        determines areas in need of improvement, including quantity, 
        age, quality, effectiveness, or necessary technological 
        improvements;
            ``(5) assesses the status of real-time data available to 
        mariners, researchers, and responders, including weather, 
        hydrographic, and water condition data, and the impact of 
        incomplete and inaccessible data on preventing, detecting, or 
        mitigating oil discharges; and
            ``(6) is subject to a 90-day public comment period and 
        addresses suggestions received and incorporates public input 
        received, as appropriate.

``SEC. 7005. FEDERAL INTERAGENCY RESEARCH PLAN.

    ``(a) In General.--
            ``(1) Plan.--Not later than 60 days after the date on which 
        the President submits to Congress, pursuant to section 1105 of 
        title 31, United States Code, a budget for fiscal year 2012, 
        and for each fiscal year thereafter, the Committee shall submit 
        to Congress a plan that establishes the priorities for Federal 
        oil spill research and development.
            ``(2) Recommendations.--In the development of the plan, the 
        Committee shall consider recommendations by the National 
        Academy of Sciences and information from State, local, and 
        tribal governments.
    ``(b) Plan Requirements.--The plan shall--
            ``(1) make recommendations to improve technologies and 
        practices to prevent oil spills;
            ``(2) suggest changes to the program to improve the rates 
        of oil recovery and spill mitigation;
            ``(3) make recommendations to improve technologies, 
        practices, and procedures to provide for effective and direct 
        response to oil spills;
            ``(4) make recommendations to improve the quality of real-
        time data available to mariners, researchers, and responders; 
        and
            ``(5) be subject to a 90-day public comment period and 
        address suggestions received and incorporate public input 
        received, as appropriate.

``SEC. 7006. EXTRAMURAL GRANTS.

    ``(a) In General.--In carrying out the program, the Committee 
shall--
            ``(1) award competitive grants to institutions of higher 
        education or other research institutions to carry out 
        projects--
                    ``(A) to advance research and development; and
                    ``(B) to demonstrate technologies for preventing, 
                detecting, or mitigating oil discharges that are 
                relevant to the goals and priorities of the plan; and
            ``(2) incorporate a competitive, merit-based process for 
        awarding grants that may be conducted jointly with other 
        participating agencies.
    ``(b) Regional Research Program.--
            ``(1) Definition of region.--In this subsection, the term 
        `region' means a Coast Guard district as described in part 3 of 
        subchapter A of chapter I of title 33, Code of Federal 
        Regulations (1989).
            ``(2) Program.--Consistent with the program, the Committee 
        shall coordinate the provision of competitive grants to 
        institutions of higher education or other research institutions 
        (or groups of those institutions) for the purpose of conducting 
        a coordinated research program relating to the aspects of oil 
        pollution with respect to each region, including research on 
        such matters as--
                    ``(A) prevention;
                    ``(B) removal mitigation; and
                    ``(C) the effects of discharged oil on regional 
                environments.
            ``(3) Publication.--
                    ``(A) In general.--The Committee shall coordinate 
                the publication by the agencies represented on the 
                Committee of a solicitation for grants under this 
                subsection.
                    ``(B) Form and content.--The application for a 
                grant under this subsection shall be in such form and 
                contain such information as shall be required in the 
                published solicitation.
                    ``(C) Review of applications.--Each application for 
                a grant under this subsection shall be--
                            ``(i) reviewed by the Committee; and
                            ``(ii) at the option of the Committee, 
                        included among applications recommended by the 
                        Committee for approval in accordance with 
                        paragraph (5).
                    ``(D) Provision of grants.--
                            ``(i) In general.--A granting agency 
                        represented on the Committee shall provide the 
                        grants recommended by the Committee unless the 
                        granting agency--
                                    ``(I) decides not to provide the 
                                grant due to budgetary or other 
                                compelling considerations; and
                                    ``(II) publishes in the Federal 
                                Register the reasons for such a 
                                determination.
                            ``(ii) Funds for grants.--No grants may be 
                        provided by any agency under this subsection 
                        from any funds authorized to carry out this 
                        paragraph unless the grant award has first been 
                        recommended by the Committee under subparagraph 
                        (C)(ii).
            ``(4) Eligible applicants.--
                    ``(A) In general.--Any institution of higher 
                education or other research institution (or a group of 
                those institutions) may apply for a grant for the 
                regional research program established under this 
                subsection.
                    ``(B) Location of applicant.--An applicant 
                described in subparagraph (A) shall be located in the 
                region, or in a State a part of which is in the region, 
                for which the project covered by the grant application 
                is proposed to be carried out as part of the regional 
                research program.
                    ``(C) Group applications.--With respect to an 
                application described in subparagraph (A) from a group 
                of institutions referred to in that subparagraph, the 1 
                or more entities that will carry out the substantial 
                portion of the proposed project covered by the grant 
                shall be located in the region, or in a State a part of 
                which is in the region, for which the project is 
                proposed as part of the regional research program.
            ``(5) Recommendations.--
                    ``(A) In general.--The Committee shall make 
                recommendations on grants in such a manner as to ensure 
                an appropriate balance within a region among the 
                various aspects of oil pollution research, including--
                            ``(i) prevention;
                            ``(ii) removal;
                            ``(iii) mitigation; and
                            ``(iv) the effects of discharged oil on 
                        regional environments.
                    ``(B) Additional criteria.--In addition to the 
                requirements described in subparagraph (A), the 
                Committee shall make recommendations for the approval 
                of grants based on whether--
                            ``(i) there are available to the applicant 
                        for use in carrying out this paragraph 
                        demonstrated research resources;
                            ``(ii) the applicant demonstrates the 
                        capability of making a significant contribution 
                        to regional research needs; and
                            ``(iii) the projects that the applicant 
                        proposes to carry out under the grant--
                                    ``(I) are consistent with the plan 
                                under section 7005; and
                                    ``(II) would further the objectives 
                                of the program established under 
                                section 7003.
            ``(6) Term of grants; review; cost-sharing.--A grant 
        provided under this subsection shall--
                    ``(A) be for a period of up to 3 years;
                    ``(B) be subject to annual review by the granting 
                agency; and
                    ``(C) provide not more than 80 percent of the costs 
                of the research activities carried out in connection 
                with the grant.
            ``(7) Prohibition on use of grant funds.--No funds made 
        available to carry out this subsection may be used for--
                    ``(A) the acquisition of real property (including 
                buildings); or
                    ``(B) the construction of any building.
            ``(8) Effect on other authority.--Nothing in this paragraph 
        alters or abridges the authority under existing law of any 
        Federal agency to provide grants, or enter into contracts or 
        cooperative agreements, using funds other than those authorized 
        in this Act for the purpose of carrying out this subsection.
            ``(9) Funding.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for each of fiscal years 2011 through 
                2015, not less than $32,000,000 of amounts in the Fund 
                shall be available to carry out the regional research 
                program under this subsection, to be available in equal 
                amounts for the regional research program in each 
                region.
                    ``(B) Additional grants.--If the agencies 
                represented on the Committee determine that regional 
                research needs exist that cannot be addressed by the 
                amount of funds made available under subparagraph (A), 
                the agencies may use authority under subsection (a) to 
                make additional grants to meet those needs.

``SEC. 7007. ANNUAL REPORT.

    ``Concurrent with the submission of the Federal interagency 
research plan pursuant to section 7005, the Committee shall submit to 
Congress an annual report that describes the activities and results of 
the program during the previous fiscal year and described the 
objectives of the program for the next fiscal year.

``SEC. 7008. FUNDING.

    ``(a) In General.--Of the amounts in the Fund for each fiscal year, 
not more than $50,000,000 shall be available to carry out this section 
(other than section 7006(b)) for the fiscal year.
    ``(b) Appropriations.--All activities authorized under this title, 
including under section 7006(b), shall be subject to the availability 
of appropriations.''.

SEC. 402. NATIONAL ACADEMY OF SCIENCE PARTICIPATION.

    The Commandant of the Coast Guard shall enter into an arrangement 
with the National Academy of Sciences under which the Academy shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, assess and evaluate the status of Federal oil spill 
        research and development as of the day before the date of 
        enactment of this Act;
            (2) submit to Congress and the Federal Oil Spill Research 
        Committee established under section 7002 of the Oil Pollution 
        Act of 1990 a report evaluating the conclusions and 
        recommendations from the Federal research assessment under 
        section 7004 of that Act to be used in the development of the 
        Federal oil spill research plan under section 7005 of that Act; 
        and
            (3) not later than 1 year after the Federal interagency 
        research plan is submitted to Congress under section 7005 of 
        that Act, evaluate, and report to Congress on, the plan.

SEC. 403. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Use of Funds.--Section 1012(a)(5)(A) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended by striking 
``$25,000,000'' and inserting ``$50,000,000''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Oil Pollution Act of 1990 (33 U.S.C. prec. 2701) is amended by striking 
the items relating to sections 7001 and 7002 and inserting the 
following:

``Sec. 7000. Definitions.
``Sec. 7001. Oil pollution research and development program.
``Sec. 7002. Functions of the Committee.
``Sec. 7003. Federal oil spill research program.
``Sec. 7004. Federal research assessment.
``Sec. 7005. Federal interagency research plan.
``Sec. 7006. Extramural grants.
``Sec. 7007. Annual report.
``Sec. 7008. Funding.
``Sec. 7009. Submerged oil program.''.

SEC. 404. OIL SPILL RESPONSE AUTHORITY.

    Notwithstanding any other provision of law, the Incident Commander 
of the Coast Guard may authorize the use of dispersants in response to 
a spill of oil from--
            (1) any facility or vessel located in, on, or under any of 
        the navigable waters of the United States; and
            (2) any facility of any kind that is subject to the 
        jurisdiction of the United States and that is located in, on, 
        or under any other waters.

                      TITLE V--OIL AND GAS LEASING

SEC. 501. REVENUE SHARING FROM OUTER CONTINENTAL SHELF AREAS IN CERTAIN 
              COASTAL STATES.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended by adding at the end the following:
    ``(i) Revenue Sharing From Outer Continental Shelf Areas in Certain 
Coastal States.--
            ``(1) Definitions.--In this subsection through subsection 
        (j):
                    ``(A) Coastal political subdivision.--The term 
                `coastal political subdivision' of a coastal State 
                means a county-equivalent subdivision of a coastal 
                State all or part of which--
                            ``(i) lies within the coastal zone (as 
                        defined in section 304 of the Coastal Zone 
                        Management Act of 1972 (16 U.S.C. 1453)); and
                            ``(ii) the closest point of which is not 
                        more than 300 statute miles from the geographic 
                        center of any leased tract.
                    ``(B) Coastal state.--The term `coastal State' 
                means a State with a coastal seaward boundary within 
                300 statute miles distance of the geographic center of 
                a leased tract in an outer Continental Shelf planning 
                area that--
                            ``(i) as of January 1, 2000, had no oil or 
                        natural gas production; and
                            ``(ii) is not a Gulf producing State (as 
                        defined in section 102 of the Gulf of Mexico 
                        Energy Security Act of 2006 (43 U.S.C. 1331 
                        note; Public Law 109-432)).
                    ``(C) Distance.--The terms `distance' and 
                `distances' mean minimum great circle distance and 
                distances, respectively.
                    ``(D) Leased tract.--The term `leased tract' means 
                a tract leased under this Act for the purpose of 
                drilling for, developing, and producing oil or natural 
                gas resources.
                    ``(E) Outer continental shelf area.--The term 
                `outer Continental Shelf area' means--
                            ``(i) any area withdrawn from disposition 
                        by leasing by the `Memorandum on Withdrawal of 
                        Certain Areas of the United States Outer 
                        Continental Shelf from Leasing Disposition', 
                        from 34 Weekly Comp. Pres. Doc. 1111, dated 
                        June 12, 1998; or
                            ``(ii) any area of the outer Continental 
                        Shelf as to which Congress has denied the use 
                        of appropriated funds or other means for 
                        preleasing, leasing, or related activities.
            ``(2) Post leasing revenues.--If the Governor or the 
        Legislature of a coastal State requests the Secretary to allow 
        leasing in an outer Continental Shelf area and the Secretary 
        allows the leasing, in addition to any bonus bids, the coastal 
        State shall, without further appropriation or action, receive, 
        from leasing of the area, 37.5 percent of--
                    ``(A) any lease rental payments;
                    ``(B) any lease royalty payments;
                    ``(C) any royalty proceeds from a sale of royalties 
                taken in kind by the Secretary; and
                    ``(D) any other revenues from a bidding system 
                under section 8.
            ``(3) Allocation among coastal political subdivisions of 
        states.--
                    ``(A) In general.--The Secretary shall pay 20 
                percent of the allocable share of each coastal State, 
                as determined under this subsection, directly to 
                certain coastal political subdivisions of the coastal 
                State.
                    ``(B) Allocation.--
                            ``(i) In general.--For each leased tract 
                        used to calculate the allocation of a coastal 
                        State, the Secretary shall pay the coastal 
                        political subdivisions within 300 miles of the 
                        geographic center of the leased tract based on 
                        the relative distance of such coastal political 
                        subdivisions from the leased tract in 
                        accordance with this subparagraph.
                            ``(ii) Distances.--For each coastal 
                        political subdivision described in clause (i), 
                        the Secretary shall determine the distance 
                        between the point on the coastal political 
                        subdivision coastline closest to the geographic 
                        center of the leased tract and the geographic 
                        center of the tract.
                            ``(iii) Payments.--The Secretary shall 
                        divide and allocate the qualified outer 
                        Continental Shelf revenues derived from the 
                        leased tract among coastal political 
                        subdivisions described in clause (i) in amounts 
                        that are inversely proportional to the 
                        applicable distances determined under clause 
                        (ii).
            ``(4) Conservation royalty.--After making distributions 
        under paragraphs (1) and (2) and section 31, the Secretary 
        shall, without further appropriation or action, distribute a 
        conservation royalty equal to 12.5 percent of Federal royalty 
        revenues derived from an area leased under this section from 
        all areas leased under this section for any year, into the land 
        and water conservation fund established under section 2 of the 
        Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) 
        to provide financial assistance to States under section 6 of 
        that Act (16 U.S.C. 460l-8).
            ``(5) Deficit reduction.--
                    ``(A) In general.--After making distributions in 
                accordance with paragraphs (1) and (2) and in 
                accordance with section 31, the Secretary shall, 
                without further appropriation or action, distribute an 
                amount equal to 50 percent of Federal royalty revenues 
                derived from all areas leased under this section for 
                any year, into direct Federal deficit reduction.
                    ``(B) Budgetary treatment.--Any amounts distributed 
                into direct Federal deficit reduction under this 
                paragraph shall not be included for purposes 
                determining budget levels under section 201 of S. Con. 
                Res. 21 (110th Congress).''.

SEC. 502. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) (as amended by section 601) is amended by adding at the end the 
following:
    ``(j) Revenue Sharing From Areas in Alaska Adjacent Zone.--
            ``(1) In general.--Except as provided in paragraph (2), 
        effective beginning on the date that is 5 years after the date 
        of enactment of this subsection, revenues from production that 
        derives from an area in the Alaska Adjacent Zone shall be 
        distributed in the same proportion and for the same uses as 
        provided in subsection (i).
            ``(2) Allocation among regional corporations.--
                    ``(A) In general.--The Secretary shall pay 33 
                percent of any allocable share of the State of Alaska, 
                as determined under this section, directly to certain 
                Regional Corporations established under section 7(a) of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1606(a)).
                    ``(B) Allocation.--
                            ``(i) In general.--For each leased tract 
                        used to calculate the allocation of the State 
                        of Alaska, the Secretary shall pay the Regional 
                        Corporations, after determining those Native 
                        villages within the region of the Regional 
                        Corporation which are within 300 miles of the 
                        geographic center of the leased tract based on 
                        the relative distance of such villages from the 
                        leased tract, in accordance with this 
                        paragraph.
                            ``(ii) Distances.--For each such village, 
                        the Secretary shall determine the distance 
                        between the point in the village closest to the 
                        geographic center of the leased tract and the 
                        geographic center of the tract.
                            ``(iii) Payments.--The Secretary shall 
                        divide and allocate the qualified outer 
                        Continental Shelf revenues derived from the 
                        leased tract among the qualifying Regional 
                        Corporations in amounts that are inversely 
                        proportional to the distances of all of the 
                        Native villages within each qualifying region.
                            ``(iv) Revenues.--All revenues received by 
                        each Regional Corporation shall be--
                                    ``(I) treated by the Regional 
                                Corporation as revenue subject to the 
                                distribution requirements of section 
                                7(i)(1)(A) of the Alaska Native Claims 
                                Settlement Act (43 U.S.C. 
                                1606(i)(1)(A)); and
                                    ``(II) divided annually by the 
                                Regional Corporation among all 12 
                                Regional Corporations in accordance 
                                with section 7(i) of that Act.
                            ``(v) Further distribution.--A Regional 
                        Corporation receiving revenues under clause 
                        (iv)(II) shall further distribute 50 percent of 
                        the revenues received in accordance with 
                        section 7(j) of the Alaska Native Claims 
                        Settlement Act (43 U.S.C. 1606(j)).''.

SEC. 503. ACCELERATED REVENUE SHARING TO PROMOTE COASTAL RESILIENCY 
              AMONG GULF PRODUCING STATES.

    Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note; Public Law 109-432) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Allocation Among Gulf Producing States for Fiscal Years 2010 
and Thereafter.--
            ``(1) In general.--Subject to the provisions of this 
        subsection, for fiscal year 2010 and each fiscal year 
        thereafter, the amount made available under subsection 
        (a)(2)(A) from a covered lease described in paragraph (2) shall 
        be allocated to each Gulf producing State in amounts that are 
        inversely proportional to the respective distances between the 
        point on the coastline of each Gulf producing State that is 
        closest to the geographic center of each historical lease site 
        and the geographic center of the historical lease site, as 
        determined by the Secretary.
            ``(2) Covered lease.--A covered lease referred to in 
        paragraph (1) means a lease entered into for--
                    ``(A) the 2002-2007 planning area;
                    ``(B) the 181 Area; or
                    ``(C) the 180 South Area.
            ``(3) Minimum allocation.--The amount allocated to a Gulf 
        producing State each fiscal year under paragraph (1) shall be 
        at least 10 percent of the amounts available under subsection 
        (a)(2)(A).
            ``(4) Historical lease sites.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                purposes of this subsection, the historical lease sites 
                in the 2002-2007 planning area shall include all leases 
                entered into by the Secretary for an area in the Gulf 
                of Mexico during the period beginning on October 1, 
                1982 (or an earlier date if practicable, as determined 
                by the Secretary), and ending on December 31, 2015.
                    ``(B) Adjustment.--Effective January 1, 2022, and 
                every 5 years thereafter, the ending date described in 
                subparagraph (A) shall be extended for an additional 5 
                calendar years.
            ``(5) Payments to coastal political subdivisions.--
                    ``(A) In general.--The Secretary shall pay 20 
                percent of the allocable share of each Gulf producing 
                State, as determined under paragraphs (1) and (3), to 
                the coastal political subdivisions of the Gulf 
                producing State.
                    ``(B) Allocation.--The amount paid by the Secretary 
                to coastal political subdivisions shall be allocated to 
                each coastal political subdivision in accordance with 
                subparagraphs (B), (C), and (E) of section 31(b)(4) of 
                the Outer Continental Shelf Lands Act (43 U.S.C. 
                1356a(b)(4)).''; and
            (2) by striking subsection (f).

SEC. 504. PRODUCTION OF OIL FROM CERTAIN ARCTIC OFFSHORE LEASES.

    Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) 
is amended by adding at the end the following:
    ``(k) Oil Transportation in Arctic Waters.--The Secretary shall--
            ``(1) require that oil produced from Federal leases in 
        Arctic waters in the Chukchi Sea planning area, Beaufort Sea 
        planning area, or Hope Basin planning area be transported by 
        pipeline to the Trans-Alaska Pipeline System; and
            ``(2) provide for, and issue appropriate permits for, the 
        transportation of oil from Federal leases in Arctic waters in 
        preproduction phases (including exploration) by means other 
        than pipeline.''.

SEC. 505. USE OF STIMULUS FUNDS TO OFFSET SPENDING.

    (a) In General.--The unobligated balance of each amount 
appropriated or made available under the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115) (other than 
under title X of division A of that Act) is rescinded, on a pro rata 
basis, by an aggregate amount that equals the amounts necessary to 
offset any net increase in spending or foregone revenues resulting from 
this title and the amendments made by this title.
    (b) Report.--The Director of the Office of Management and Budget 
shall submit to each congressional committee the amounts rescinded 
under subsection (a) that are within the jurisdiction of the committee.

      TITLE VI--GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Gulf of Mexico Regional Citizens' 
Advisory Council Act of 2010''.

SEC. 602. FINDINGS.

    Congress finds that--
            (1) the Gulf of Mexico--
                    (A) is a productive and sensitive marine and 
                coastal ecological habitat that is of fundamental 
                importance to the national interest of the United 
                States; and
                    (B) contains a significant quantity of the oil and 
                natural gas reserves of the United States and produces 
                a substantial quantity of the annual production of oil 
                and gas by the United States, and it is therefore in 
                the national interest that the production be carried 
                out in a thoroughly safe manner;
            (2) oil and gas operations in the Gulf of Mexico have 
        created significant environmental and social impacts, including 
        the blowout and explosion of the mobile offshore drilling unit 
        Deepwater Horizon that occurred on April 20, 2010, and 
        resulting hydrocarbon releases into the environment;
            (3) the safety and integrity of continued energy 
        development in the Gulf of Mexico is vital to the national 
        energy security of the United States;
            (4) citizen engagement and oversight of maritime oil 
        transportation activities in concert with the regulatory 
        functions of the Federal and State governments in the State of 
        Alaska have been found to be highly effective in attaining 
        safer operations by the oil and maritime transportation 
        industries;
            (5) the Regional Citizens Advisory Councils established for 
        Prince William Sound and Cook Inlet in the State of Alaska by 
        section 5002(d) of the Oil Pollution Act of 1990 (33 U.S.C. 
        2732(d)) have--
                    (A) increased trust and communication between 
                citizens, the oil industry, and government; and
                    (B) resulted in improved environmental safeguards 
                and substantially safer, lower-impact performance of 
                petroleum operations within the scope of responsibility 
                of the Councils;
            (6) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) 
        calls for the establishment of other Regional Citizens Advisory 
        Councils across the United States to provide more effective 
        citizen oversight of oil and gas operations; and
            (7) it is in the national interest to establish a Gulf of 
        Mexico Regional Citizen's Advisory Council to provide more 
        effective citizen engagement with the offshore energy industry 
        in the Gulf of Mexico.

SEC. 603. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL.

    (a) In General.--Title VII of the Oil Pollution Act of 1990 (33 
U.S.C. 2761 et seq.) (as amended by section 401(a)) is amended by 
adding at the end the following:

``SEC. 7010. GULF OF MEXICO REGIONAL CITIZENS' ADVISORY COUNCIL.

    ``(a) Establishment.--
            ``(1) In general.--There is established a Gulf of Mexico 
        Regional Citizens' Advisory Council (referred to in this 
        section as the `Council').
            ``(2) Local advisory councils.--A voting member of the 
        Council may develop a local advisory council that is similar to 
        the Council to represent a coastal political subdivision of the 
        member.
    ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of 21 
        voting members and 17 nonvoting members appointed in accordance 
        with this subsection.
            ``(2) Voting members.--Each voting member of the Council 
        shall be appointed by, and serve exclusively at the pleasure 
        of, 1 representative organization or trade association of the 
        following stakeholder groups, as determined by the Secretary of 
        the Interior:
                    ``(A) Gulf of Mexico commercial fishing, shrimping, 
                and oyster industry, 3 members.
                    ``(B) Gulf of Mexico charter fishing industry, 2 
                members.
                    ``(C) Gulf of Mexico tourism, hotel, and restaurant 
                industries, 2 members.
                    ``(D) Gulf of Mexico socially vulnerable indigenous 
                and nonindigenous communities, 2 members.
                    ``(E) Gulf of Mexico political subdivisions, 10 
                members, including 2 members from each coastal State of 
                the Gulf of Mexico.
                    ``(F) Gulf of Mexico recreational boating 
                organizations, 2 members.
            ``(3) Executive board.--
                    ``(A) In general.--The operational framework of the 
                Council for day-to-day operations and administration of 
                the Council shall be conducted by a 10-member Executive 
                Board comprised of 2 members from each Gulf State, as 
                nominated and elected by the voting members of the 
                Council.
                    ``(B) Duties.--The Executive Board shall interact 
                with Federal agencies and industry on policy and 
                operational matters on behalf of the entire Council.
            ``(4) Nonvoting members.--In the case of nonvoting members 
        of the Council, 1 ex-officio, nonvoting representative of the 
        Council shall be appointed to represent each of the following:
                    ``(A) Gulf of Mexico marine and coastal 
                conservation community.
                    ``(B) Gulf of Mexico maritime and shipping 
                industry.
                    ``(C) Gulf of Mexico offshore energy industry.
                    ``(D) The Executive Office of the President.
                    ``(E) The National Oceanic and Atmospheric 
                Administration.
                    ``(F) The Bureau of Ocean Energy Management, 
                Regulation and Enforcement.
                    ``(G) The United States Fish and Wildlife Service.
                    ``(H) The Small Business Administration.
                    ``(I) The Coast Guard.
                    ``(J) The Department of Defense.
                    ``(K) The Environmental Protection Agency
                    ``(L) The State of Alabama.
                    ``(M) The State of Florida.
                    ``(N) The State of Louisiana.
                    ``(O) The State of Mississippi.
                    ``(P) The State of Texas.
    ``(c) Terms.--
            ``(1) Duration of council.--The term of the Council shall 
        continue throughout the lifetime of energy development, 
        transportation, and facility removal activities in the Gulf of 
        Mexico.
            ``(2) Term of appointment.--The voting members of the 
        Council shall be appointed by, and serve at the sole discretion 
        of, the respective stakeholder group, for one term of 3 years.
            ``(3) Geographic scope.--The Council shall carry out the 
        duties of the Council under subsection (f) in a manner that, to 
        the maximum extent practicable, covers all energy development, 
        transportation, and facility removal activities carried out in 
        the Gulf of Mexico.
    ``(d) Administration.--
            ``(1) In general.--The Council shall elect the officers of 
        the Council, select the staff of the Council, and establish 
        policies for the internal operating procedures of the Council.
            ``(2) Self-governance.--After the initial organizational 
        meeting hosted by the Secretary of the Interior, the Council 
        shall be self-governing.
    ``(e) Duties.--The Council shall--
            ``(1) provide oversight and monitoring on all aspects of 
        offshore energy exploration, development, and transportation 
        (including pipeline distribution systems) in the Gulf of Mexico 
        (including environmental assessment, permitting, exploration, 
        development, production, and transportation) and any 
        appropriate recommendations;
            ``(2) monitor environmental impacts of offshore energy 
        development related to oil spills, ballast water, aquatic 
        nuisance species, and other direct impacts and recommend 
        mitigation efforts to minimize the impacts, as appropriate;
            ``(3) monitor oil spill prevention and response plans for 
        the Gulf of Mexico region, onshore and offshore, including 
        considering economic and social contingency plans for maritime 
        industries and coastal communities;
            ``(4) recommend standards and conditions for regulations 
        intended to ensure that oil, gas, and energy activities in the 
        Gulf of Mexico are conducted in a safe and environmentally 
        sound manner;
            ``(5) provide recommendations for and otherwise assist any 
        oil spill recovery and community science consortium institute 
        established for the Gulf of Mexico; and
            ``(6) conduct such other activities within the authority 
        and scope of the Council as the Council considers appropriate.
    ``(f) Standing Committees.--The Council may create standing 
committees as necessary to carry out the duties of the Council, 
including--
            ``(1) a scientific and technical committee;
            ``(2) an environmental monitoring committee;
            ``(3) an oil spill prevention and response committee;
            ``(4) an offshore committee for energy development in water 
        that is more than 500 feet in depth;
            ``(5) a near-shore committee for energy development in 
        water that is 500 feet or less in depth; and
            ``(6) an information, health, and education committee.
    ``(g) Temporary Committees.--
            ``(1) In general.--The Council may create temporary 
        committees as necessary to carry out the duties of the Council 
        relating to the blowout and explosion of the mobile offshore 
        drilling unit Deepwater Horizon that occurred on April 20, 
        2010, and resulting hydrocarbon releases into the environment 
        (referred to in this section as the `Deepwater Horizon 
        incident'), including temporary committees relating to--
                    ``(A) public health; and
                    ``(B) research and monitoring of impacts.
            ``(2) Dissolution.--If a \2/3\ majority vote of the Council 
        votes to discontinue activities responding to the direct 
        impacts of the Deepwater Horizon incident, any temporary 
        committee established under paragraph (1) shall dissolve on the 
        date that is 60 days after the date of the vote.
    ``(h) Effect of Recommendation.--
            ``(1) In general.--The Council shall not be held liable 
        under Federal or State law for costs or damages as a result of 
        rendering recommendations under this section.
            ``(2) Relief.--Any recommendation given by a voting member 
        of the Council or program representative or agent shall not be 
        grounds for estopping the interests represented by the voting 
        member from seeking damages or other appropriate relief.
    ``(i) Information From Federal Agencies.--
            ``(1) In general.--The Council may request directly from 
        any Federal agency (as defined in section 1004 of the Solid 
        Waste Disposal Act (42 U.S.C. 6903)) (referred to in this 
        section as a `Federal agency') information, suggestions, 
        estimates, and statistics for the purposes of this section.
            ``(2) Agency cooperation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), effective beginning on the date that 
                180 days after the date of the enactment of this 
                section, each Federal agency shall, with respect to 
                each proposed major action involving an activity or 
                action under the jurisdiction of the Council, notify 
                the Council prior to taking the action.
                    ``(B) Review and recommendations.--The notice of an 
                action under subparagraph (A) shall be provided in a 
                manner that permits the Council--
                            ``(i) to review the action; and
                            ``(ii) to make appropriate recommendations 
                        regarding operations, policy, or agency 
                        actions.
                    ``(C) Emergencies.--Prior notification shall not be 
                required under subparagraph (A) if an authorized 
                Federal agency representative reasonably believes that 
                an emergency exists requiring action without delay.
                    ``(D) Information.--On the request of the Council, 
                each Federal agency shall, to the extent authorized by 
                law, furnish information, suggestions, estimates, and 
                statistics directly to the Council.
    ``(j) Council Research.--In carrying out this section, the 
Council--
            ``(1) may conduct applicable scientific research; and
            ``(2) shall review applicable scientific work undertaken by 
        or on behalf of--
                    ``(A) the energy industry;
                    ``(B) the conservation community; or
                    ``(C) the Federal Government.
    ``(k) Recommendations of Council.--
            ``(1) In general.--All recommendations of the Council shall 
        be nonbinding and advisory only.
            ``(2) Nonacceptance of recommendations.--If a government 
        agency, industry, or a responsible party decides not to accept, 
        or to substantially modify before adoption, a recommendation of 
        the Council, the respective entity shall provide to the 
        Council, not later than 30 days after the date of the decision, 
        a written notice of the decision and a summary of reasons for 
        the rejection or modification of the recommendation.
    ``(l) Location and Compensation.--
            ``(1) Location.--The Council shall establish the offices in 
        1 or more Gulf States as determined to be necessary and 
        appropriate to the operations of the Council.
            ``(2) Compensation.--A member of the Council shall not be 
        compensated for service on the Council, but shall be allowed 
        travel expenses, including per diem, at a rate established by 
        the Council not to exceed the rates authorized for employees of 
        agencies under sections 5702 and 5703 of title 5, United States 
        Code except by express authorization of the Council in any case 
        where such rates are inadequate to reimburse a member of the 
        Council not eligible for government travel rates.
    ``(m) Report.--
            ``(1) Initial report.--Not later than 3 years after the 
        date of the establishment of the Council, the Comptroller 
        General of the United States shall submit to the President and 
        Congress a report that assesses the effectiveness of the 
        Council in carrying out this section, including any 
        recommendations.
            ``(2) Biennial reports.--Every 2 years, the Council shall 
        submit to Congress a report on--
                    ``(A) the achievement of safe operations in the 
                Gulf of Mexico of oil and gas activities; and
                    ``(B) the operations, expenditures, needs, 
                problems, issues, and recommendations of the Council.
            ``(3) Annual audits.--The Council shall--
                    ``(A) commission an annual independent financial 
                statement audit by an independent accounting firm;
                    ``(B) publish the results of the audits in a 
                publicly available annual report; and
                    ``(C) incorporate the results of the audits into 
                the reports required by paragraph (2).
    ``(n) Suits Barred.--No program, association, council, committee, 
or other organization created or funded by this section may sue any 
public or private person or entity concerning any matter arising under 
this section, other than the performance of a contract.
    ``(o) Funding.--
            ``(1) Requirement.--Notwithstanding any other provision of 
        law, a permit or contingency plan for an energy development 
        activity in the Gulf of Mexico shall be effective only if the 
        Council is funded in accordance with paragraph (2).
            ``(2) Quarterly payments.--
                    ``(A) In general.--Funding for the operations and 
                administration of the Council (including standing and 
                temporary committees) shall be available and paid to 
                the Council quarterly by the Administrator of the Oil 
                Spill Liability Trust Fund.
                    ``(B) Interim funding.--Notwithstanding any 
                provision of law, until collections under this 
                subsection are equivalent to the amount authorized to 
                be paid to the Council by this title, the quarterly 
                payments to the Council shall be paid from the Oil 
                Spill Liability Trust Fund.
            ``(3) Amount.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                amount of funding provided to the Council for each 
                fiscal year under this subsection shall be $10,000,000.
                    ``(B) Adjustments.--The amount of funding provided 
                to the Council for a fiscal year under this subsection 
                shall be adjusted annually to reflect changes in the 
                Consumer Price Index for the Gulf of Mexico region, as 
                determined by the Council.
            ``(4) Use.--The Council shall use funding received for a 
        fiscal year under this subsection to carry out this section.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Oil Pollution Act of 1990 (33 U.S.C. prec. 2701) (as amended by section 
403(b)) is amended by adding at the end of the items relating to title 
VII the following:

``Sec. 7010. Gulf of Mexico Regional Citizens' Advisory Council.''.
                                 <all>