[House Document 111-116]
[From the U.S. Government Publishing Office]



111th Congress, 2d Session - - - - - - - - - - - - House Document 111-116


 
          A REQUEST FOR BUDGET AMENDMENTS FOR FISCAL YEAR 2011

                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

 A REQUEST FOR BUDGET AMENDMENTS FOR FISCAL YEAR 2010 PROPOSALS IN THE 
    FISCAL YEAR 2011 BUDGET FOR THE DEPARTMENT OF HOMELAND SECURITY






May 14, 2010.--Referred to the Committee on Appropriations and ordered 
                             to be printed
                                           The White House,
                                          Washington, May 12, 2010.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: The oil spill in the Gulf of Mexico is 
a massive and potentially unprecedented environmental disaster 
that can seriously damage the economy and environment of our 
Gulf States and jeopardize the livelihoods of thousands of 
Americans who live throughout the Gulf region.
    That is why since the initial explosion on the drilling rig 
occurred, the Federal Government has launched and coordinated a 
unified and relentless response to this crisis.
    From day one of this spill, we made preparations to stage 
equipment and personnel for a worst-case scenario, and there is 
underway a sustained, multi-agency response to this disaster. 
My Administration and I will not rest--or be satisfied--until 
the leak is stopped at the source, the oil on the Gulf is 
contained and cleaned up, and the people of this region are 
able to go back to their lives and livelihoods.
    Part of that effort is to hold BP, and other responsible 
parties in this spill, accountable for the crisis. The Federal 
Government will aggressively pursue full compensation for the 
containment and clean up, as well as any damages incurred 
because of this spill.
    At the same time, I will spare no effort to clean up 
whatever damage is caused, assist those whose livelihoods have 
been affected by this spill, and restore the Gulf coast. We 
cannot allow the potentially protracted pursuit of claims to 
prevent us from swift action to help those harmed by this 
spill.
    That is why I ask the Congress to consider the enclosed 
amendment to Fiscal Year (FY) 2010 proposals in my FY 2011 
Budget.
    The amendment includes General Provision proposals for the 
Departments of Labor, Agriculture, Commerce, Justice, the 
Interior, Health and Human Services, Homeland Security, and the 
Treasury, and the Environmental Protection Agency. I request 
these proposals be considered as emergency requirements, since 
this request responds to urgent and essential needs.
    The details of this request are set forth in the enclosed 
letter from the Director of the Office of Management and 
Budget. Together, these amendments will provide critical funds 
and authorities needed to respond to this spill as well as 
changes to current law to better prepare the Nation for any 
future spills.
    The people of the Gulf region--the hardworking individuals, 
families, and business owners--have already begun to incur 
significant economic losses due to this disaster. They face the 
prospect of greater losses as the full impact becomes clear, in 
large part because of the unique relationship between their 
traditional livelihoods and the fragile environment. The Gulf 
coast is one of the richest and most beautiful ecosystems on 
the planet, and for centuries, its residents have enjoyed and 
made a living from the fish that swim in these waters and the 
wildlife that inhabit these shores. We will do everything in 
our power to support those who are affected by the spill, 
protect our natural resources, demand reimbursement from the 
responsible parties for costs incurred, rebuild what has been 
damaged, and help this region persevere as it has done so many 
times before.
            Sincerely,
                                                      Barack Obama.
    Enclosure.
    
    
                      GENERAL PROVISIONS--THIS ACT


House Doc. No. 111-92

Page: 6
FY 2011 Budget Appendix Page: 1366
FY 2010 Pending Request: ---
Proposed Amendment: Language
Revised Request: ---

(In the appropriations language under the above heading, add 
the following seventeen new sections directly following section 
2:)

SEC. 3. OIL SPILL UNEMPLOYMENT ASSISTANCE.

    (a) Oil Spill Unemployment Assistance.--Upon a 
determination by the President that additional resources are 
necessary to respond to an incident related to a spill of 
national significance declared under the National Contingency 
Plan provided for under section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9605) (``covered incident''), the Secretary of Labor 
is authorized to provide to any individual unemployed as a 
result of a covered incident such benefit assistance as the 
Secretary deems appropriate while such individual is unemployed 
for the weeks of such unemployment with respect to which the 
individual is not entitled to any other unemployment 
compensation (as that term is defined in section 85(b) of the 
Internal Revenue Code of 1986) or waiting period credit. Such 
assistance as the Secretary shall provide shall be available to 
an individual as long as the individual's unemployment caused 
by a covered incident continues or until the individual is 
reemployed in a suitable position, but no longer than 26 weeks 
after the individual's unemployment that resulted from the 
covered incident. Oil spill unemployment assistance payments 
for a week of unemployment shall not exceed the maximum weekly 
amount authorized under the unemployment compensation law of 
the State affected by a covered incident. The Secretary is 
directed to provide such assistance through agreements with 
States that, in the Secretary's judgment, have an adequate 
system for administering such assistance through existing State 
agencies.
    (b) Federal-State Agreements.--Any State affected by a 
covered incident which desires to do so may enter into and 
participate in an agreement under this section with the 
Secretary. Any State which is a party to an agreement under 
this section may, upon providing 30 days' written notice to the 
Secretary, terminate such agreement.
    (c) Provisions of Agreement.--Any agreement under 
subsection (b) shall provide that the State agency of the State 
will--
          (1) make payments of oil spill unemployment 
        assistance to individuals who--
                  (A) are unemployed as a result of a covered 
                incident;
                  (B) have no rights to regular compensation or 
                extended compensation with respect to a week 
                under such law or any other State unemployment 
                compensation law or to compensation under any 
                other Federal law; and
                  (C) are not receiving compensation with 
                respect to such week under the unemployment 
                compensation law of Canada; and
          (2) refer individuals receiving oil spill 
        unemployment assistance under this section to One-Stop 
        Career Centers established under title I of the 
        Workforce Investment Act of 1998 for reemployment 
        services or training provided under such Act, the 
        Wagner-Peyser Act, or other Federal law.
    (d) Weekly Benefit Amount, Due Process Rights.--For 
purposes of any agreement under this section, the terms and 
conditions of Federal law and regulations which apply to claims 
for disaster unemployment assistance and to the payment thereof 
shall apply to claims for oil spill unemployment assistance and 
the payment thereof, except where otherwise inconsistent with 
the provisions of this section or with the regulations or 
operating instructions of the Secretary promulgated to carry 
out this section.
    (e) Unauthorized Aliens Ineligible.--A State shall require 
as a condition of oil spill unemployment assistance under this 
section that each alien who receives such assistance must be 
legally authorized to work in the United States, as defined for 
purposes of the Federal Unemployment Tax Act (26 U.S.C. 3101 et 
seq.). In determining whether an alien meets the requirements 
of this subsection, a State must follow the procedures provided 
in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-
7(d)).
    (f) Fraud and Overpayments.--
          (1) In general.--If an individual knowingly has made, 
        or caused to be made by another, a false statement or 
        representation of a material fact, or knowingly has 
        failed, or caused another to fail, to disclose a 
        material fact, and as a result of such false statement 
        or representation or of such nondisclosure such 
        individual has received an amount of oil spill 
        unemployment assistance under this section to which 
        such individual was not entitled, such individual--
                  (A) shall be ineligible for further oil spill 
                unemployment assistance under this section in 
                accordance with the provisions of the 
                applicable State unemployment compensation law 
                relating to fraud in connection with a claim 
                for unemployment compensation; and
                  (B) shall be subject to prosecution under 
                section 1001 of title 18, United States Code.
          (2) Repayment.--In the case of individuals who have 
        received amounts of oil spill unemployment assistance 
        under this section to which they were not entitled, the 
        State shall require such individuals to repay the 
        amounts of such oil spill unemployment assistance to 
        the State agency, except that the State agency may 
        waive such repayment if it determines that--
                  (A) the payment of such oil spill 
                unemployment assistance was without fault on 
                the part of any such individual; and
                  (B) such repayment would be contrary to 
                equity and good conscience.
          (3) Prevention and detection by state agency.--The 
        State agency shall submit a weekly payment file of all 
        benefit payments to the National Directory of New 
        Hires, and shall make arrangements for the cross match 
        of the benefit payment recipients' social security 
        numbers with the National Directory of New Hires 
        Reported Hire and Benefit payment databases a minimum 
        of once each week and investigate all matches.
          (4) Recovery by state agency.--
                  (A) In general.--The State agency may recover 
                the amount to be repaid, or any part thereof, 
                by deductions from any oil spill unemployment 
                assistance payable to such individual under 
                this section or from any unemployment 
                compensation payable to such individual under 
                any State or Federal unemployment compensation 
                law administered by the State agency or under 
                any other State or Federal law administered by 
                the State agency which provides for the payment 
                of any assistance or allowance with respect to 
                any week of unemployment, during the 3-year 
                period after the date such individuals received 
                the payment of the oil spill unemployment 
                assistance to which they were not entitled, 
                except that no single deduction may exceed 50 
                percent of the weekly benefit amount from which 
                such deduction is made.
                  (B) Opportunity for hearing.--No repayment 
                shall be required, and no deduction shall be 
                made, until a determination has been made, 
                notice thereof and an opportunity for a fair 
                hearing has been given to the individual, and 
                the determination has become final.
          (5) Review.--Any determination by a State agency 
        under this subsection shall be subject to review in the 
        same manner and to the same extent as determinations 
        under the State unemployment compensation law, and only 
        in that manner and to that extent.
    (g) Payments to States.--
          (1) Benefits.--There shall be paid to each State that 
        has entered into an agreement under this section an 
        amount equal to 100 percent of the oil spill 
        unemployment assistance paid to individuals by the 
        State under such agreement.
          (2) Administration.--There shall be paid to each 
        State that has entered into an agreement under this 
        section such amounts as the Secretary determines 
        necessary for the proper and efficient administration 
        of such agreement.
    (h) Financing.--
          (1) In general.--There are appropriated out of the 
        general fund of the United States Treasury such funds 
        as may be necessary in meeting the costs of benefits, 
        Federal administration, and State administration of 
        agreements under this section.
          (2) The Secretary shall from time to time certify to 
        the Secretary of the Treasury for payment to each State 
        the sums payable to such State under this section. Upon 
        receipt of the certification from the Secretary, the 
        Secretary of the Treasury shall make payments to the 
        State in accordance with such certification, by 
        transfers from the general fund of the United States 
        Treasury.
    (i) Relationship With Income Replacement Payments for Lost 
Wages or Self Employment Income by the Responsible Party.--
          (1) The total combined amount an individual receives 
        of oil spill unemployment assistance and payments by 
        the responsible party for either lost wages or self-
        employment income shall not exceed the greater of--
                  (A) the total amount of unemployment 
                assistance that an individual is entitled to 
                receive under subsection (a), as determined by 
                the State agency, or
                  (B) the liability of the responsible party to 
                such individual for lost wages or self-
                employment income.
          (2) If a responsible party or the Oil Spill Liability 
        Trust Fund under the Oil Pollution Act (33 U.S.C. 2701 
        et seq.) makes a payment to the individual for lost 
        wages related to unemployment resulting from a covered 
        incident, and an individual has previously received 
        unemployment assistance under this section for such 
        period of unemployment, the responsible party or the 
        Oil Spill Liability Trust Fund shall subtract from such 
        payment the amount of such unemployment assistance and 
        shall reimburse such subtracted amount to the United 
        States for deposit in the general fund of the Treasury. 
        If a responsible party fails to reimburse such 
        subtracted amount pursuant to this paragraph, the 
        Secretary of the Treasury shall request the Attorney 
        General to bring a civil action against the responsible 
        party or a guarantor in an appropriate district court 
        to recover the amount of the demand, plus all costs 
        incurred in obtaining payment including prejudgment 
        interest, attorneys fees, and any other administrative 
        and adjudicative costs involved.
          (3) If a responsible party or the Oil Spill Liability 
        Trust Fund has made a payment to an individual for lost 
        wages related to unemployment resulting from a covered 
        incident, the amount of such payment shall be 
        subtracted from the unemployment assistance under this 
        section that the individual subsequently receives for 
        such period of unemployment.
          (4) Any individual's receipt of unemployment 
        assistance under this section related to unemployment 
        resulting from a covered incident shall be conditional 
        on the individual taking appropriate actions, as 
        determined by the Secretary, to seek payment for lost 
        wages for such period of unemployment under the Oil 
        Pollution Act from the responsible party or the Oil 
        Spill Liability Trust Fund.
          (5) Any individual, as a condition of receiving oil 
        spill unemployment assistance, shall provide informed 
        consent to the sharing of benefit information between 
        the State agency and the responsible party (or its 
        claim processor) or the Oil Spill Liability Trust Fund, 
        as appropriate, for the purpose of determining 
        eligibility and to avoid duplicate payments as deemed 
        necessary.
          (6) If the Secretary determines the actions described 
        in paragraphs (2) through (5) have not succeeded in 
        avoiding duplicate payments, the Secretary may take 
        such other actions as the Secretary determines 
        necessary in order to avoid duplicate payments, 
        consistent with the responsible party or the Oil Spill 
        Liability Trust Fund making payments to individuals for 
        lost wages related to unemployment resulting from a 
        covered incident.
          (7) The Secretary may take such actions as the 
        Secretary determines are necessary for implementing 
        this section, including entering into agreements with 
        States that have agreements with the Secretary to 
        administer this program, and the responsible party with 
        respect to each State's administration of this program 
        and payments made by the responsible party to claimants 
        for lost wages and self-employment income to establish 
        processes for--
                  (A) the coordination of payment of oil spill 
                unemployment assistance under this section and 
                payments for lost wages and self employment 
                income by the responsible party or the Oil 
                Spill Liability Trust Fund so as to minimize 
                duplicate payments to claimants, including 
                methods to:
                          (i) prevent duplicate payments, such 
                        as developing methods for claims 
                        processing that identify eligibility 
                        for both types of payments so as to 
                        ensure the individual receives no more 
                        than the amount specified in paragraph 
                        (1) of this subsection;
                          (ii) document that individuals who 
                        received either oil spill unemployment 
                        assistance or payments by the 
                        responsible party or the Oil Spill 
                        Liability Trust Fund prior to execution 
                        of the agreement were unemployed as a 
                        result of the oil spill; and
                          (iii) ensure prompt and accurate 
                        payment of oil spill unemployment 
                        assistance under this section or 
                        payment of claims by the responsible 
                        party or the Oil Spill Liability Trust 
                        Fund;
                  (B) sharing and protecting information 
                regarding an individual's claim for oil spill 
                unemployment assistance or claims for 
                replacement of wages that is necessary to 
                coordinate benefit payments and claims by the 
                responsible party or the Oil Spill Liability 
                Trust Fund under subparagraph (A);
                  (C) reimbursement by the responsible party to 
                the Federal government and States for payment 
                of oil spill unemployment assistance to 
                individuals whose unemployment was the result 
                of a covered incident and for the 
                administration of this program, which may 
                include the responsible party developing a 
                special fund for use by the States to pay 
                benefits under this program, in accordance with 
                process developed under subparagraph (A) with a 
                periodic reconciliation process to make future 
                claims unnecessary;
                  (D) ensuring that the responsible party shall 
                make benefit information available to 
                government organizations upon request subject 
                to the safeguards applicable to confidential 
                unemployment compensation information in 
                Federal law and regulations, which shall apply 
                to the Secretary, the State agencies 
                administering the oil spill unemployment 
                assistance program, the responsible party, and 
                the Oil Spill Liability Trust Fund; and
                  (E) developing similar agreements with the 
                responsible party to coordinate payments of 
                unemployment compensation under State law 
                related to a covered incident and payments made 
                by the responsible party or the Oil Spill 
                Liability Trust Fund.
          (8) The procedures developed under this section may 
        be employed by States to coordinate payments of 
        unemployment compensation under State law related to a 
        covered incident and payments made by the responsible 
        party or the Oil Spill Liability Trust Fund.
    (j) Each responsible party under the Oil Pollution Act, 33 
U.S.C. 2701, et seq., is liable for any costs, net of any 
payments by the responsible party to the United States under 
subsection (i), incurred by the United States under this 
section and shall, upon the demand of the Secretary of the 
Treasury, reimburse the general fund of the Treasury for these 
costs as well as the costs of the United States in 
administering its responsibilities under this section. If a 
responsible party fails to pay a demand of the Secretary of the 
Treasury pursuant to this subsection, the Secretary shall 
request the Attorney General to bring a civil action against 
the responsible party or a guarantor in an appropriate district 
court to recover the amount of the demand, plus all costs 
incurred in obtaining payment including prejudgment interest, 
attorneys fees, and any other administrative and adjudicative 
costs involved. Such reimbursement shall be without regard to 
limits of liability under the Oil Pollution Act, 33 U.S.C. 
2704.
    (k) This section shall take effect immediately upon 
enactment and shall apply to all responsible parties under the 
Oil Pollution Act, including any party determined to be liable 
under the Oil Pollution Act for any incident that occurred 
prior to the enactment of this section.
    (l) Definitions.--
          (1) ``Duplicate payments'' includes any payment that 
        would cause the individual to receive payments in 
        excess of the amount determined under paragraph (1) of 
        subsection (i).
          (2) ``Responsible party'' means one or more 
        responsible parties.
          (3) ``Secretary'' means United States Secretary of 
        Labor.
          (4) ``State'' means any State, as defined in the 
        Federal Unemployment Tax Act (26 U.S.C. 3306(j)(1)) 
        directly affected by a covered incident.
          (5) ``State agency'' means the State agency which 
        administers the unemployment insurance law of the State 
        approved by the Secretary of Labor under section 3304 
        of the Internal Revenue Code of 1986.
    This proposal would create a new program of unemployment 
assistance to workers who are unemployed as a result of a spill 
of national significance and who have no entitlement to any 
other unemployment compensation. The program is modeled after 
the Disaster Unemployment Assistance program and will provide 
up to 26 weeks of benefits to the self-employed, as well as 
other workers ineligible for regular unemployment compensation.
    This proposal would appropriate such sums as may be 
necessary from the General Fund of the Treasury. This proposal 
would also ensure that this new program does not provide 
assistance that duplicates, or takes the place of, the payments 
for lost wages that responsible parties under the Oil Pollution 
Act or the Oil Spill Liability Trust Fund make to an unemployed 
worker. This section would also ensure that responsible parties 
under the Oil Pollution Act bear the cost of the program. In 
addition, this section would take effect immediately upon 
enactment and apply to all responsible parties under the Oil 
Pollution Act, including any party determined to be liable 
under the Oil Pollution Act for any incident that occurred 
prior to the enactment of this section.

SEC. 4. AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.

    (a) In General.--Sec. 173(a) of the Workforce Investment 
Act of 1998 (29 U.S.C. 2918(a)) is amended by adding a new 
paragraph (5) as follows:
          ``(5) to provide assistance to the Governor of any 
        State within the boundaries of an area that is the 
        subject of a Presidential determination that additional 
        resources are necessary to respond to an incident 
        related to a spill of national significance declared 
        under the National Contingency Plan provided for under 
        section 105 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 
        U.S.C. 9605) (`covered incident') to provide oil spill 
        relief employment in the area.''.
    (b) Oil Spill Relief Employment Assistance Requirements.--
Sec. 173 of the Workforce Investment Act of 1998 (29 U.S.C. 
2918) is amended by adding a new subsection (h) as follows:
    ``(h) Oil Spill Relief Employment Assistance 
Requirements.--
          ``(1) In general.--Funds made available under 
        subsection (a)(5)--
                  ``(A) shall be used to provide oil spill 
                relief employment on projects regarding 
                cleaning, restoration, renovation, repair and 
                reconstruction of lands, marshes, waters, 
                structures, and facilities located within the 
                area of the covered incident, as well as 
                offshore areas related to such incident, and 
                projects that provide food, clothing, shelter, 
                and other humanitarian assistance to 
                individuals harmed by the covered incident;
                  ``(B) may be expended through public and 
                private agencies and organizations engaged in 
                such projects;
                  ``(C) may be expended to provide employment 
                and training activities;
                  ``(D) may be expended to provide personal 
                protective equipment to workers engaged in oil 
                spill relief employment described in 
                subparagraph (A);
                  ``(E) may be used to increase the capacity of 
                States to make available the full range of 
                services authorized under this title and 
                provide information (in languages appropriate 
                to the individuals served) about, and access 
                to, the variety of public and private services 
                available to individuals adversely affected by 
                the covered incident in One-Stop Career Centers 
                and other access points (including other public 
                facilities, mobile service delivery units, and 
                social services offices); and
                  ``(F) may be used to provide temporary 
                employment by public sector entities for a 
                period not to exceed six months, in addition to 
                the oil spill relief employment described in 
                subparagraph (A).
          ``(2) Eligibility.--An individual shall be eligible 
        for services under subsection (a)(5) if such individual 
        is temporarily or permanently laid off as a consequence 
        of the covered incident, is a dislocated worker, is a 
        long-term unemployed individual, or meets such other 
        criteria as the Secretary may establish.
          ``(3) Limitations on oil spill relief employment 
        assistance.--No individual shall be employed under 
        subsection (a)(5) for more than six months for oil 
        spill relief employment related to recovery from a 
        single covered incident. The Secretary may extend, upon 
        reviewing a State's request, such employment related to 
        recovery from a single covered incident for up to an 
        additional six months.
          ``(4) Reimbursement.--Each responsible party under 
        the Oil Pollution Act, 33 U.S.C. 2701, et seq., is 
        liable for any costs incurred by the United States 
        under this subsection or subsection (a)(5) and shall, 
        upon the demand of the Secretary of the Treasury, 
        reimburse the general fund of the Treasury for the 
        costs incurred under this subsection or subsection 
        (a)(5) as well as the costs of the United States in 
        administering its responsibilities under this 
        subsection or subsection (a)(5). If a responsible party 
        fails to pay a demand of the Secretary of the Treasury 
        pursuant to this subsection or subsection (a)(5), the 
        Secretary shall request the Attorney General to bring a 
        civil action against the responsible party or a 
        guarantor in an appropriate district court to recover 
        the amount of the demand, plus all costs incurred in 
        obtaining payment including prejudgment interest, 
        attorneys fees, and any other administrative and 
        adjudicative costs involved. Such reimbursement shall 
        be without regard to limits of liability under the Oil 
        Pollution Act, 33 U.S.C. 2704.
          ``(5) Use of available funds.--Funds appropriated for 
        fiscal years 2009 and 2010 and remaining available for 
        obligation by the Secretary to provide any assistance 
        authorized under this section shall be available to 
        assist workers affected by a covered incident, 
        including workers who have relocated from areas in 
        which a covered incident has been declared. Under such 
        conditions as the Secretary may approve, any State may 
        use funds that remain available for expenditure under 
        any grants awarded to the State under this section to 
        provide any assistance authorized under this 
        subsection. Funds used pursuant to the authority 
        provided under this paragraph shall be subject to the 
        reimbursement requirements described in paragraph (4).
          ``(6) Requirements for grant applications.--An 
        application submitted to the Secretary under this 
        subsection shall include a detailed description of--
                  ``(A) How the State will ensure the capacity 
                of One-Stop Career Centers and other access 
                points to--
                          ``(i) provide affected individuals 
                        with information, in languages 
                        appropriate to the individuals served, 
                        about the range of available services; 
                        and
                          ``(ii) provide affected individuals 
                        with access to the range of needed 
                        services;
                  ``(B) How the State will prioritize 
                individuals who are temporarily or permanently 
                laid off as a consequence of the covered 
                incident in the assignment of temporary 
                employment positions; and
                  ``(C) Any other supporting information the 
                Secretary may require.''.
    (c) This section shall take effect immediately upon 
enactment and shall apply to all responsible parties under the 
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), including 
any party determined to be liable under the Oil Pollution Act 
for any incident that occurred prior to the enactment of this 
section.
    (d) Appropriations.--For an additional amount for 
``Training and Employment Services'', Employment and Training 
Administration, Department of Labor, to carry out the 
provisions of section 173(a)(5) and (h) of the Workforce 
Investment Act of 1998 (29 U.S.C. 2918(a)(5) and (h), ``WIA''), 
as amended by this Act, $50,000,000, to remain available until 
June 30, 2011: Provided, That funding shall be available upon 
enactment of this Act, notwithstanding section 189(g)(1) of 
WIA.
    This section would amend the Workforce Investment Act of 
1998 (WIA) to create an oil spill relief employment program. 
The program is similar to the existing disaster relief 
employment assistance program authorized under WIA, but is 
specifically targeted to spills of national significance 
declared under the National Contingency Plan provided for under 
section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 rather than disasters. 
Grants could also be used to increase the capacity of One-Stop 
Career Centers, social services offices, and other public 
facilities to provide affected individuals information about, 
and access to, the range of needed services. This section would 
also ensure that responsible parties under the Oil Pollution 
Act bear the cost of the program. In addition, this section 
would take effect immediately upon enactment and apply to all 
responsible parties under the Oil Pollution Act, including any 
party determined to be liable under the Oil Pollution Act for 
any incident that occurred prior to the enactment of this 
section.

SEC. 5. RESERVATION OF FUNDS FOR ADMINISTRATIVE ACTIVITIES OF THE 
                    DEPARTMENT OF LABOR.

    The Secretary of Labor may reserve not more than one 
percent of the funds available to carry out section 3 of this 
Act and section 173(h) of the Workforce Investment Act of 1998 
(as added by section 4 of this Act) for transfer to appropriate 
Department of Labor accounts for program administration and 
support activities in the Department of Labor associated with 
such sections, and for the increased worker protection and 
workplace benefit activities and oversight and coordination 
activities in connection with the application of laws and 
regulations associated with the Department's response to spills 
of national significance declared under the National 
Contingency Plan provided for under section 105 of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9605). A responsible party 
under the Oil Pollution Act (33 U.S.C. 2701, et seq.) shall, 
upon the demand of the Secretary of the Treasury, reimburse the 
general fund of the Treasury for all or a portion of the 
additional amount appropriated herein, as determined by the 
Secretary of the Treasury. If a responsible party fails to pay 
a demand of the Secretary of the Treasury pursuant to this 
section, the Secretary shall request the Attorney General to 
bring a civil action against the responsible party or a 
guarantor in an appropriate district court to recover the 
amount of the demand, plus all costs incurred in obtaining 
payment including prejudgment interest, attorneys fees, and any 
other administrative and adjudicative costs involved. Such 
reimbursement shall be without regard to limits of liability 
under the Oil Pollution Act, 33 U.S.C. 2704. This section shall 
take effect immediately upon enactment and shall apply to all 
responsible parties under the Oil Pollution Act, including any 
party determined to be liable under the Oil Pollution Act for 
any incident that occurred prior to the enactment of this 
section. The Secretary of Labor shall provide to the Committees 
on Appropriations of the House of Representatives and the 
Senate a report describing the use of the funds not later than 
one year after the date of enactment of this Act.
    This section would allow the reservation of up to one 
percent of funds provided under sections 3 and 4 to administer 
and support the Oil Spill Unemployment Assistance program 
authorized by section 3 of this Act and the Oil Spill Relief 
Employment Assistance program authorized by section 4 of this 
Act, as well as worker protection and other activities in 
conjunction with the Department's response to spills of 
national significance declared under the National Contingency 
Plan provided for under section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9605). This section would also ensure that 
responsible parties under the Oil Pollution Act bear the cost 
of the program. In addition, this section would take effect 
immediately upon enactment and apply to all responsible parties 
under the Oil Pollution Act, including any party determined to 
be liable under the Oil Pollution Act for any incident that 
occurred prior to the enactment of this section.

SEC. 6. EMERGENCY STANDARDS OF ELIGIBILTY FOR THE SUPPLEMENTAL 
                    NUTRITION ASSISTANCE PROGRAM AND FOOD COMMODITIES.

    (a) Authority.--
          (1) In general.--Acting upon a request by a State 
        agency (as defined in section 3(t) of the Food and 
        Nutrition Act of 2008, 7 U.S.C. 2011 (Act)), and upon a 
        determination by the Secretary of Agriculture that 
        additional resources are necessary to respond to an 
        incident related to a spill of national significance 
        declared under the National Contingency Plan provided 
        for under section 105 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act 
        of 1980 (42 U.S.C. 9605) (``covered incident''), the 
        Secretary of Agriculture may establish temporary 
        emergency standards of eligibility and more flexible 
        administrative responses for the Supplemental Nutrition 
        Assistance Program (SNAP) authorized under the Act for 
        households adversely impacted by covered incidents.
          (2) Notice and comment.--The promulgation of the 
        standards required under this section shall be made 
        without regard to--
                  (A) the Statement of Policy of the Secretary 
                of Agriculture effective July 24, 1971 (36 Fed. 
                Reg. 13804), relating to notices of proposed 
                rulemaking and public participation in 
                rulemaking;
                  (B) the notice and comment provisions of 
                section 553 of title 5, United States Code; and
                  (C) section 4(c) of the Act.
    (b) Food Commodities.--The Secretary of Agriculture, in 
consultation with the Secretary of Homeland Security, may 
utilize funds made available under Section 32 of the Act of 
August 24, 1935 (7 U.S.C. 612c) in the support of emergency 
distribution of food in States adversely impacted by a spill of 
national significance declared under the National Contingency 
Plan provided for under section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9605).
    (c) Financing.--Each responsible party under the Oil 
Pollution Act, 33 U.S.C. 2701, et seq., is liable for any costs 
incurred by the United States under subsection (a) and (b) and 
shall, upon the demand of the Secretary of the Treasury, 
reimburse the general fund of the Treasury for the costs 
incurred under subsections (a) and (b) as well as the costs of 
the United States in administering its responsibilities under 
this section. If a responsible party fails to pay a demand of 
the Secretary of the Treasury pursuant to this subsection, the 
Secretary shall request the Attorney General to bring a civil 
action against the responsible party or a guarantor in an 
appropriate district court to recover the amount of the demand, 
plus all costs incurred in obtaining payment including 
prejudgment interest, attorneys fees, and any other 
administrative and adjudicative costs involved. Such 
reimbursement shall be without regard to limits of liability 
under the Oil Pollution Act, 33 U.S.C. 2704.
    (d) This section shall take effect immediately upon 
enactment and shall apply to all responsible parties under the 
Oil Pollution Act, including any party determined to be liable 
under the Oil Pollution Act for any incident that occurred 
prior to the enactment of this section.
    This proposal would authorize Disaster Supplemental 
Nutrition Assistance Program (D-SNAP) for individuals and 
families and use of Section 32 funds for the purchase and 
replenishment of Department of Agriculture (USDA) foods used in 
areas affected by a spill of national significance. This 
section would also ensure that responsible parties under the 
Oil Pollution Act bear the cost of the program. In addition, 
this section would take effect immediately upon enactment and 
apply to all responsible parties under the Oil Pollution Act, 
including any party determined to be liable under the Oil 
Pollution Act for any incident that occurred prior to the 
enactment of this section.
    D-SNAP is the cornerstone of Federal nutrition assistance 
during a disaster. It provides targeted food assistance quickly 
to those who experience a loss in income, a loss of food, or 
who may not ordinarily qualify for regular assistance. 
Certification is streamlined both in terms of fewer eligibility 
factors and reduced procedural requirements. Benefits are 
issued on an EBT card that can be used at authorized food 
retailers to purchase food. D-SNAP participants with continuing 
needs may then be transitioned to regular SNAP benefits.
    USDA has a long history of providing food products to State 
agencies for distribution to shelters and other mass feeding 
sites during an emergency. States mobilize quickly and often 
utilize existing inventories of food products, including food 
products previously provided by USDA to the States for use in 
other USDA domestic feeding programs, by diverting these 
products to emergency feeding activities. This provision would 
allow the Secretary of Agriculture to use Section 32 funds to 
acquire commodities for use in implementing existing USDA 
emergency feeding assistance programs and would allow the 
Secretary to replenish the food inventories of States if the 
States, in carrying out such programs, had diverted food 
products previously provided to it by USDA.

SEC. 7.

    (a) For an additional amount for ``Operations, Research, 
and Facilities'', National Oceanic and Atmospheric 
Administration, Department of Commerce, $15,000,000, to remain 
available until expended, for responding to economic impacts on 
fishermen and fishery-dependent businesses: Provided, That the 
amounts appropriated herein are not available unless the 
Secretary of Commerce determines, in consultation with the 
Director of the Office of Management and Budget, that resources 
provided under other authorities and appropriations (including 
by the responsible party (or parties) under the Oil Pollution 
Act, 33 U.S.C. 2701, et seq., and by the Small Business 
Administration and Department of Labor) are not sufficient to 
respond to economic impacts on fishermen and fishery-dependent 
business following an incident related to a spill of national 
significance declared under the National Contingency Plan 
provided for under section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9605): Provided further, That the National Marine 
Fisheries Service shall cause such amounts to be distributed 
among eligible recipients of assistance for fishery resource 
disasters and commercial fishery failures declared by the 
Secretary of Commerce under sections 308(b) and 308(d) of the 
Interjurisdictional Fisheries Act (16 U.S.C. 4107) and sections 
312(a) and 315 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a(a) and 1864).
    (b) For an additional amount for ``Operations, Research, 
and Facilities'', National Oceanic and Atmospheric 
Administration, Department of Commerce, for activities 
undertaken as a result of the incidents related to the 
discharge of oil that began in 2010 in connection with the 
explosion on, and sinking of, the mobile offshore drilling unit 
Deepwater Horizon, $5,000,000, to remain available until 
expended.
    These funds would enable the Federal Government to 
establish an interim relief fund to provide a backstop in the 
event resources from a responsible party (or parties) under the 
Oil Pollution Act are not provided. This proposal would provide 
funds to the Secretary of Commerce to respond to economic 
impacts on fishermen and fishery-dependent businesses in the 
event of a commercial fisheries failure pursuant to either the 
Magnuson-Stevens Fishery Conservation and Management Act or the 
Interjurisdictional Fisheries Act. There are several other 
Federal programs that provide financial support for affected 
fisheries in addition to this section, and the Secretary of 
Commerce is required to consult with the Director of the Office 
of Management and Budget on any aid pursuant to this section.
    This proposal would also provide funds for the National 
Oceanic and Atmospheric Administration for activities that 
support the response to the Deepwater Horizon oil spill, but 
may not qualify as recoverable from the responsible parties 
under the Oil Pollution Act or the Oil Spill Liability Trust 
Fund.

SEC. 8.

    For an additional amount for ``Economic Development 
Assistance Programs'', Economic Development Administration, 
Department of Commerce, to carry out planning, technical 
assistance and other assistance under section 209, and 
consistent with section 703(b), of the Public Works and 
Economic Development Act (42 U.S.C. 3149, 3233), in states 
affected by the incidents related to the discharge of oil that 
began in 2010 in connection with the explosion on, and sinking 
of, the mobile offshore drilling unit Deepwater Horizon, 
$5,000,000, to remain available until expended.
    This proposal would provide $5 million for the Economic 
Development Administration's Economic Adjustment Assistance 
program (EAA). EAA will award grants to State, local, and non-
profit entities in the affected region for strategic planning 
and technical assistance. Potential activities to be funded 
include short- and long-term economic recovery plans, and state 
and local economic recovery coordinators. Consistent with 
section 703(b) of the Public Works and Economic Development Act 
(42 U.S.C. 3233), the grants do not require matching funds from 
recipients.

SEC. 9.

    For an additional amount for ``Salaries and Expenses, 
General Legal Activities'', Legal Activities and U.S. Marshals, 
Department of Justice, for the legal activities of the 
Department of Justice, not otherwise provided for, $10,000,000, 
to remain available until expended, for litigation expenses as 
a result of incidents related to the discharge of oil that 
began in 2010 in connection with the explosion on, and sinking 
of, the mobile offshore drilling unit Deepwater Horizon.
    This section would provide $10 million for the Civil 
Division and the Environment and Natural Resources Division for 
civil defensive litigation, and civil and criminal enforcement 
under the Oil Pollution Act, the Federal Torts Claims Act, and 
the Clean Water Act.

SEC. 10.

    For an additional amount for ``Salaries and Expenses'', 
Office of the Secretary, Department of the Interior, for 
increased inspections, enforcement, investigations, and 
engineering studies of offshore facilities and for 
environmental studies determined to be appropriate in light of 
the incidents related to the discharge of oil that began in 
2010 in connection with the explosion on, and sinking of, the 
mobile offshore drilling unit Deepwater Horizon, $29,000,000, 
to remain available until expended: Provided, That such funds 
may be transferred by the Secretary to any other account in the 
Department or to the head of any Federal department or agency, 
with the concurrence of the head of the relevant Federal 
department or agency, to carry out the purposes provided 
herein.
    This proposal would provide funds for the Secretary of the 
Interior for additional inspections, enforcement, studies and 
other activities that may not qualify as recoverable from the 
responsible parties under the Oil Pollution Act or the Oil 
Spill Liability Trust Fund. This includes approximately $20 
million for increased inspections, engineering studies, 
investigations, and enforcement of safety regulations. Another 
$7 million is for more comprehensive evaluations of policies, 
procedures and actions that may be needed in light of the 
Deepwater Horizon incident. Finally, $2 million is provided for 
the Fish and Wildlife Service, U.S. Geological Survey or others 
to conduct general environmental studies that would not 
otherwise be eligible for reimbursement from the responsible 
parties.

SEC. 11.

    Section 11(c)(1) of the Outer Continental Shelf Lands Act 
of 1953, as amended (43 U.S.C. 1340(c)(1)), is amended in the 
fourth sentence by deleting ``within thirty days of its 
submission,'' and inserting in lieu thereof:

``within ninety days of its submission or within such 
additional time as the Secretary determines is necessary to 
complete any environmental, safety, or other reviews (in the 
case of leases issued after March 17, 2010), or within ninety 
days of its submission or, with the consent of the holder of 
the lease, within such additional time as the Secretary 
determines is necessary to complete any environmental, safety, 
or other reviews (in the case of leases issued on or before 
March 17, 2010),''.
    This proposal would extend the time period that the 
Department of the Interior has to review an offshore oil and 
gas exploration plan. This will provide more time for the 
agency to determine if statutory and regulatory requirements 
are being met.

SEC. 12.

    For an additional amount for ``Science and Technology'', 
Environmental Protection Agency, for a study on the potential 
human and environmental risks and impacts of the release of 
crude oil and the application of dispersants, surface washing 
agents, bioremediation agents, and other mitigation measures 
listed in the National Contingency Plan Product List (40 C.F.R. 
Part 300 Subpart J) as appropriate, $2,000,000, to remain 
available until expended: Provided, That the study shall be 
performed at the direction of the Administrator of the 
Environmental Protection Agency, in coordination with the 
Administrator of the National Oceanic and Atmospheric 
Administration and the Director of the Minerals Management 
Service in the Department of the Interior. The study may be 
funded through the provision of grants to universities and 
colleges through extramural research funding.
    This section would provide $2 million for a study of long-
term risks and impacts from crude oil releases and use of 
chemical dispersants led by the Environmental Protection Agency 
in coordination with the National Oceanic and Atmospheric 
Administration and the Minerals Management Service.

SEC. 13.

    For an additional amount for ``Salaries and Expenses'', 
Food and Drug Administration, Department of Health and Human 
Services, for food safety monitoring and response activities in 
connection with the incidents related to the discharge of oil 
that began in 2010 in connection with the explosion on, and 
sinking of, the mobile offshore drilling unit Deepwater 
Horizon, $2,000,000, to remain available until expended.
    The U.S. Food and Drug Administration (FDA) operates a 
safety program for all fish and fishery products under the 
provisions of the Federal Food, Drug and Cosmetic Act, the 
Public Health Service Act, and related regulations. The FDA 
program includes research, inspection, laboratory analysis, 
compliance, enforcement, and outreach.
    This section would provide $2 million to the FDA to monitor 
and respond to the environmental impact of the oil on seafood 
fished from the gulf and surrounding areas. These efforts could 
include, but are not limited to, testing and deploying 
technology to speed the analysis of seafood samples for 
contamination that could harm consumers.

SEC. 14. DEEPWATER HORIZON.

    Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
2752) is amended in the second sentence:
    (a) by inserting ``--(1)'' before ``may obtain an advance'' 
and after ``the Coast Guard'';
    (b) by inserting ``; and'' before the concluding period;
    (c) by inserting the following language after the newly 
inserted ``; and'' and before the concluding period:
          ``(2) in the case of discharge of oil that began in 
        2010 in connection with the explosion on, and sinking 
        of, the mobile offshore drilling unit Deepwater 
        Horizon, may, without further appropriation, obtain one 
        or more advances from the Oil Spill Liability Trust 
        Fund as needed, up to a maximum of $100,000,000 for 
        each advance, the total amount of all advances not to 
        exceed the amounts available under section 9509(c)(2) 
        of the Internal Revenue Code of 1986 (26 U.S.C. 
        9509(c)(2)), and within 7 days of each advance, shall 
        notify Congress of the amount advanced and the facts 
        and circumstances necessitating the advance''; and
    (d) by inserting ``--(3)'' before ``Amounts advanced''.
    This proposal would permit the Coast Guard to obtain one or 
more advances (up to $100 million each) from the Principal Fund 
within the Oil Spill Liability Trust Fund (OSLTF) to underwrite 
Federal response activities with regard to discharge of oil 
that began in 2010 in connection with the explosion on, and 
sinking of, the mobile offshore drilling unit Deepwater 
Horizon. This proposal permits advances only up to the total 
expenditures limitation allowed under current law, as amended 
by section 15 of these general provisions.
    The Administration has determined the current transfer 
limitation of a single $100 million advance is inadequate to 
address effectively the response and removal effort related to 
the Deepwater Horizon spills. The capacity to obtain such 
advances is essential to avoid potential delays in providing 
response resources.

SEC. 15. OIL SPILL LIABILITY TRUST FUND; LIMITATION ON EXPENDITURES.

    (a) Revenue Code.--Section 9509(c)(2)(A) (relating to 
limitation on expenditures) of the Internal Revenue Code of 
1986 (26 U.S.C. 9509(c)(2)(A)) is amended--
          (1) in clause (i), by striking ``$1,000,000,000'' and 
        inserting in lieu thereof ``$1,500,000,000''; and
          (2) in clause (ii), by striking ``$500,000,000'' and 
        inserting in lieu thereof ``$750,000,000''.
    (b) Oil Pollution Act of 1990.--
          (1) Section 1004(a) of the Oil Pollution Act of 1990 
        (33 U.S.C. 2704(a)) is amended--
                  (A) in subparagraph (1)(A) by striking 
                ``$3,000'' and inserting in lieu thereof ``the 
                total of all removal costs plus $X'';
                  (B) in subparagraph (1)(B) by striking 
                ``$1,900'' and inserting in lieu thereof ``the 
                total of all removal costs plus $X'';
                  (C) in subclause (1)(C)(i)(I) by striking 
                ``$22,000,000'' and inserting in lieu thereof 
                ``the total of all removal costs plus $X'';
                  (D) in subclause (1)(C)(i)(II) by striking 
                ``$16,000,000'' and inserting in lieu thereof 
                ``the total of all removal costs plus $X'';
                  (E) in subclause (1)(C)(ii)(I) by striking 
                ``$6,000,000'' and inserting in lieu thereof 
                ``the total of all removal costs plus $X'';
                  (F) in subclause (1)(C)(ii)(II) by striking 
                ``$4,000,000'' and inserting in lieu thereof 
                ``the total of all removal costs plus $X'';
                  (G) in paragraph (2) by --
                          (i) striking ``$950'' and inserting 
                        in lieu thereof ``the total of all 
                        removal costs plus $X''; and
                          (ii) striking ``$800,000'' and 
                        inserting in lieu thereof ``the total 
                        of all removal costs plus $X'';
                  (H) in paragraph (3) by striking 
                ``$75,000,000'' and inserting in lieu thereof 
                ``$X''; and
                  (I) in paragraph (4) by striking 
                ``$350,000,000'' and inserting in lieu thereof 
                ``the total of all removal costs plus $X''.
          (2) Section 1006(e)(2) of the Oil Pollution Act of 
        1990 (33 U.S.C. 2706(e)) is amended by--
                  (A) striking ``rebuttable presumption'' and 
                inserting in lieu thereof ``Judicial review of 
                assessments''; and
                  (B) striking ``have the force and effect'' 
                and all that follows and inserting in lieu 
                thereof ``be subject to judicial review under 
                the Administrative Procedure Act (5 U.S.C. 551 
                et seq.) on the basis of the administrative 
                record developed by the Lead Administrative 
                Trustee as provided in such regulations.''.
          (3)(A) Title I of the Oil Pollution Act of 1990 (33 
        U.S.C. 2701 et seq.) is amended by inserting after 
        section 1013 the following new section:

``SEC. 1013-A. INFORMATION ON CLAIMS.

    ``In the event of a spill of national significance, the 
President may require a responsible party or a guarantor of a 
source, designated under section 1014(a), to provide to the 
United States information on claims that the President 
determines necessary, including but not limited to--
          ``(1) claims, individually, the aggregate thereof, or 
        both;
          ``(2) the transaction date or dates of such claims, 
        including processing times, individually, the aggregate 
        thereof, or both; and
          ``(3) any other data pertaining to such claims that 
        the President, in his sole and exclusive discretion, 
        determines to be necessary to ensure the performance of 
        the responsible party or the guarantor with regard to 
        processing and adjudication of such claims, 
        individually, the aggregate thereof, or both.''.
          (B) Clerical amendment.--Section 2 of Oil Pollution 
        Act of 1990 is amended by adding after the item 
        relating to section 1013 the following new item:

    ``Sec. 1013-A. Information on claims.''.

          (4) Section 1016(a) of the Oil Pollution Act of 1990 
        (33 U.S.C. 2716(a)) is amended by striking ``sufficient 
        to meet the maximum amount of liability to which the 
        responsible party could be subjected under section 
        1004(a) or (d) of this Act, in a case where the 
        responsible party would be entitled to limit liability 
        under that section.'' and inserting in lieu thereof 
        ``in the amount of $X.''.
    (c) The President, by regulations issued not later than 
three years after the date of enactment of this section, and 
not less than every 3 years thereafter, shall adjust the limits 
on expenditures specified in Section 9509(c)(2)(A)(i) and (ii) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9509 
(c)(2)(A)(i) and (ii)) to reflect significant increases in the 
Consumer Price Index.
    (d) Tribes.--Section 1002(b)(2) of the Oil Pollution Act of 
1990 (33 U.S.C. 2702(b)(2)) is amended:
          (1) in subparagraph (D) by:
                  (A) striking ``or'' before ``a political 
                subdivision thereof''; and
                  (B) inserting ``, or an Indian tribe'' before 
                the concluding period; and
          (2) in subparagraph (F) by:
                  (A) striking ``or'' before ``a political sub-
                division of a State''; and
                  (B) inserting ``, or an Indian tribe'' before 
                the concluding period.
    (e) Effective Date.--This section shall take effect 
immediately upon enactment and shall apply to all responsible 
parties under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
seq.), including any party determined to be liable under the 
Oil Pollution Act for any incident that occurred prior to the 
enactment of this section.
    The Administration has determined the current ``incident'' 
limitation ($1 billion) on fund payments and liability 
limitations for responsible parties are inadequate to address 
effectively the response and removal effort related to some oil 
spills. These limitations were set in 1990 and have not been 
adjusted to reflect the dramatic growth in deepwater 
exploration and production, among other things. This proposal 
would, for any single incident, raise (1) the statutory 
expenditure limitation by the Oil Spill Liability Trust Fund 
from $1 billion to $1.5 billion and (2) the cap on natural 
resource damage assessments and claims from $500 million to 
$750 million. The proposal would also raise the limitation on 
liability for responsible parties. The Administration looks 
forward to working with the Congress to develop levels for the 
various caps that provide for substantial, and proportional, 
increases.
    The proposal would also amend the Oil Pollution Act's 
judicial review provision for assessments of damages to natural 
resources in a manner that more closely aligns that review with 
established administrative law principles. It would also amend 
the Oil Pollution Act to allow the President to require a 
responsible party to provide data related to the responsible 
party's claims process activity to the Government. This will 
allow the government to exercise appropriate oversight of the 
responsible parties' required actions under the Oil Pollution 
Act. The proposal would clarify the provisions under the Act to 
place tribal governments on equal footing with States and local 
governments to avail themselves of the same benefits afforded 
under the section 1002(b)(2)(D) and (F) of the Act when 
recovering damages to revenues and public services from a 
responsible party or parties. In addition, this section would 
take effect immediately upon enactment and apply to all 
responsible parties under the Oil Pollution Act, including any 
party determined to be liable under the Oil Pollution Act for 
any incident that occurred prior to the enactment of this 
section.

SEC. 16. PER BARREL TAX ASSESSMENT INCREASE.

    Section 4611 of the Internal Revenue Code of 1986 (26 
U.S.C. 4611) is amended:
    (a) in clause (c)(2)(B):
          (1) in clause (i) by deleting ``8 cents'' and 
        inserting in lieu thereof ``9 cents''; and
          (2) in clause (ii) by deleting ``9 cents'' and 
        inserting in lieu thereof ``10 cents'';
    (b) in subsection (f) by:
          (1) deleting paragraph (2) in its entirety; and
          (2) deleting ``(1) In general.--Except as provided in 
        paragraph (2), the'' and inserting in lieu thereof 
        ``The''.
    (c) 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.
    This proposal would adjust the rate of tax per barrel of 
oil to replenish the Oil Spill Liability Trust Fund.

SEC. 17.

    None of the provisions of this Act, including any funds 
appropriated or expenses authorized herein, shall be construed 
as relieving or diminishing in any way the legal obligations of 
responsible parties to pay or provide reimbursement for removal 
costs, damages, or other expenditures under the Oil Pollution 
Act (33 U.S.C. 2701 et seq.) or other applicable law.
    This proposal would make clear that obligations of the 
responsible parties under the Oil Pollution Act would not 
decrease as a result of this amendment.

SEC. 18. EMERGENCY DESIGNATION.

    The amounts made available in sections 3 through 17 under 
this heading are designated by the Congress as emergency 
requirements for the specific purposes provided herein.

SEC. 19. SEVERABILITY.

    If any provision of sections 3 through 18 of this Act, or 
any application of such provision to any person or 
circumstance, is held to be unconstitutional, the remainder of 
the provisions of sections 3 through 18 of this Act and the 
application of the provisions to any other person or 
circumstance shall not be affected.

                                  
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