Oil Spill Legislation in the 111th Congress
Jonathan L. Ramseur
Specialist in Environmental Policy
October 15, 2010
Congressional Research Service
7-5700
www.crs.gov
R41453
CRS Report for Congress
P
repared for Members and Committees of Congress

---

Oil Spill Legislation in the 111th Congress

Summary
This report summarizes provisions of selected legislation—enacted and proposed—that address
oil spill policy issues raised after the April 20, 2010, explosion and resulting oil spill at the
Deepwater Horizon drilling platform in the Gulf of Mexico.
The 2010 Gulf oil spill has generated considerable interest in oil spill issues. The House of
Representatives has conducted at least 33 hearings in 10 committees. The Senate has conducted at
least 30 hearings in eight committees. Members have introduced over 150 legislative proposals
that have included one or more provisions that would affect oil spill policy.
As of the date of this report, President Obama has signed two bills into law that include oil spill
provisions. Provisions in these bills are generally short-term matters that will not have a lasting
impact on oil spill governance. However, H.R. 3619, the Coast Guard Authorization Act for
Fiscal Years 2010 and 2011, which was presented to the President for signature (October 4, 2010)
includes more substantial changes.
In addition to the enacted legislation, the House has passed several bills, including H.R. 3534, the
Consolidated Land, Energy, and Aquatic Resources Act (CLEAR Act), that include multiple oil
spill policy provisions. The Senate has comparable bills on its Legislative Calendar, but has not
voted on their passage.
This report focuses primarily on oil spill policy matters that concern prevention, preparedness,
response, and the liability and compensation framework. For the most part, the underlying
statutes for these provisions are found in either the Oil Pollution Act of 1990 (P.L. 101-380; 33
U.S.C. 2701 et seq.) or the Clean Water Act and its amendments (33 U.S.C. 1251 et seq.). In
general, this report does not address legislation that would alter the organizational structure of the
former Minerals Management Service (MMS) or legislation that would affect the offshore leasing
process.

Congressional Research Service

---

Oil Spill Legislation in the 111th Congress

Contents
Introduction ................................................................................................................................ 1

Tables
Table 1. Enacted Oil Spill Legislation ......................................................................................... 2
Table 2. Passed or Reported Legislation in the House .................................................................. 3
Table 3. Passed or Reported Legislation in the Senate.................................................................. 9
Table 4. Summary of Selected Oil Spill Policy Provisions of H.R. 3534 .................................... 11
Table 5. Summary of Selected Oil Spill Policy Provisions of S. 3663 ........................................ 17

Contacts
Author Contact Information ...................................................................................................... 25

Congressional Research Service

---

Oil Spill Legislation in the 111th Congress

Introduction
On April 20, 2010, an explosion occurred at the Deepwater Horizon drilling platform in the Gulf
of Mexico, resulting in 11 fatalities. The incident disabled the facility and led to a full evacuation
before the platform sank into the Gulf on April 22. A significant release of oil at the sea floor was
soon discovered. According to the National Incident Command’s Flow Rate Technical Group
estimate of August 2, 2010, the well released approximately 206 million gallons of oil (4.9
million barrels) before it was contained July 15, 2010.1
The 2010 Gulf oil spill has generated considerable interest in oil spill issues. The House of
Representatives has conducted at least 33 hearings in 10 committees. The Senate has conducted at
least 30 hearings in eight committees. Members have introduced over 150 legislative proposals
that include one or more provisions that would affect oil spill policy.
This report focuses primarily on oil spill policy matters that concern prevention, preparedness,
response, and the liability and compensation framework. For the most part, the underlying
statutes for these provisions are found in either the Oil Pollution Act of 1990 (P.L. 101-380; 33
U.S.C. 2701 et seq.) or the Clean Water Act and its amendments (33 U.S.C. 1251 et seq.). In
general, this report does not address legislation that would alter the organizational structure of the
former Minerals Management Service (MMS) or legislation that would affect the offshore leasing
process.2
This report highlights oil spill provisions in enacted legislation, legislation that has passed one of
the chambers, and legislation that has received committee action: reported or ordered to be
reported from a committee. This last group also includes bills that have been placed on the
Senate’s Legislative Calendar.3 In addition, this report provides a more comprehensive summary
of two selected bills in Congress, both of which contain a substantial number of oil spill policy
provisions. This information is captured in the following tables:
• Table 1 identifies enacted legislation.
• Table 2 identifies legislation that has either passed the House or been reported
from a House committee.
• Table 3 identifies legislation that has passed the Senate, been reported from a
committee, or placed on the Legislative Calendar.
• Table 4 highlights selected oil spill policy provisions in H.R. 3534—the
Consolidated Land, Energy, and Aquatic Resources Act of 2010 (CLEAR Act).
• Table 5 highlights selected oil spill policy provisions in S. 3663—the Clean
Energy Jobs and Oil Company Accountability Act of 2010.
The bills identified in the tables are listed in (descending) order by bill number.

1 Approximately 35 million gallons was recovered directly from the wellhead. National Incident Command, “BP
Deepwater Horizon Oil Budget: What Happened to the Oil?,” August 2, 2010.
2 For more information on some of these issues, see CRS Report R41262, Deepwater Horizon Oil Spill: Selected Issues
for Congress, coordinated by Curry L. Hagerty and Jonathan L. Ramseur.
3 For more information on this procedure, see CRS Report RL30945, House and Senate Rules of Procedure: A
Comparison, by Judy Schneider.
Congressional Research Service
1

---

Oil Spill Legislation in the 111th Congress

Table 1. Enacted Oil Spill Legislation
Does not include resolutions
Bill
Number
Sponsor
Introduced Date
Short Title
Major Actions
Key Provisions
H.R. 5499
Mica
June 10, 2010

Passed House June 10,
Authorizes additional advances from the Oil
2010; passed Senate June 9,
Spill Liability Trust Fund, up to $100 million
S. 3473
Reid
June 9, 2010
2010; signed by President
per advance, not to exceed the per-incident
Obama June 15, 2010 (P.L.
cap. Advances only available in response to
111-191).
Deepwater Horizon incident.
H.R. 4899
Obey
March 21, 2010
Supplemental
Passed House March 24,
Provides $94 million for oil spill-related
Appropriations Act, 2010
2010; passed Senate May
programs.a
27, 2010; signed by
President Obama July 29,
2010 (P.L. 111-212).
Source: Prepared by CRS.
a. See CRS Report R41232, FY2010 Supplemental for Wars, Disaster Assistance, Haiti Relief, and Other Programs, coordinated by Amy Belasco.
CRS-2

---

Oil Spill Legislation in the 111th Congress

Table 2. Passed or Reported Legislation in the House
Does not include resolutions
Bill
Number
Sponsor
Introduced Date
Short Title
Major Actions
Key Provisions
H.R. 6016
Brady
July 30, 2010
Audit the BP Fund Act of
Passed House September
Directs the Comptroller General (GAO) to
2010
28, 2010.
conduct an investigation and audit (with
subpoena power) of the Gulf Coast Claims
Facility, reporting to Congress on a monthly
basis.
H.R. 6008
Schauer
July 30, 2010 Corporate
Liability and
Passed House September
Amends pipeline transportation code (49
Emergency Accident
28, 2010.
U.S.C. Chapter 601) to requires “immediate
Notification Act (CLEAN
telephonic notification” (defined as “earliest
Act)
practicable moment,” but not later than one
hour) for certain pipeline incidents.
Directs Secretary of Transportation to
maintain an internet database of reportable
incidents involving gas or hazardous liquid
pipelines.
H.R. 5629
Oberstar
June 29, 2010
Oil Spill Accountability and
Reported by the House
Eliminates liability limit for offshore facilities
Environmental Protection
Committee on
(applies retroactively); increases financial
Act of 2010
Transportation and
responsibility demonstration for offshore
Infrastructure (H.Rept. 111-
facilities to $1.5 billion (or a greater amount
567) July 27, 2010.
determined by the President); adds damages
to human health to the liability provisions
under OPA; modifies liability provisions for
mobile offshore drilling units (MODUs);
adds Indian Tribes to government revenue
liability category; repeals provisions in
Limitation of Liability Act (46 U.S.C.
Chapter 305); expands liability under Death
on the High Seas Act (46 U.S.C. Chapter
303) and Jones Act (46 U.S.C. § 30104).
Shortens the timeframe from 90 to 45 days
for claimants waiting on responsible party to
address a submitted claim; authorizes
President to require (during a spill of
national significance, SONS) a responsible
party to provide information related to its
claims process.
CRS-3

---

Oil Spill Legislation in the 111th Congress

Bill
Number
Sponsor
Introduced Date
Short Title
Major Actions
Key Provisions
Eliminates the “rebuttable presumption”
provision that applies to trustees’ natural
resource damage assessments in
administrative or judicial proceedings.
Adds provision to shipping code (46 U.S.C. §
12111) requiring that vessels (including
MODUs) engaged in exclusive economic
zone (EEZ) resource activities be registered
and owned by a U.S. citizen (i.e., U.S.
flagged); requires MODU safety
management plans (pursuant plans in 46
U.S.C. § 3203) to address drilling operations;
directs the Secretary of Homeland Security
to enhance MODU safety standard
regulations by addressing worst-case
discharges; enhances the Coast Guard’s
marine safety workforce; instructs Secretary
of Homeland Security to report to Congress
on needs of maritime safety and security
teams participating in patrols and setup of
safety zones; requires a MODU operator to
obtain a specific license.
Shortens the double-hul transition period
(from 2015 to 2011) for single-hull tankers
offloading oil at deepwater ports or in
lightering zones; removes ability for tank
vessels and offshore/onshore facilities to
operate without a response plan if a
submitted plan is awaiting official approval.
Amends the CWA to require changes to the
NCP regarding dispersants (in particular,
toxicity thresholds) containment booms,
response planning for worst-case discharges;
directs President to promulgate
implementing regulations; instructs
President to establish a comprehensive
oil/hazardous substance discharge database.
Directs the Secretary of Transportation to
submit report to Congress on existing
CRS-4

---

Oil Spill Legislation in the 111th Congress

Bill
Number
Sponsor
Introduced Date
Short Title
Major Actions
Key Provisions
regulations covering transportation-related
offshore platforms.
Modifies oversight authority of spill
response plans; requires that response plans
contain additional information (e.g., risk
analysis); grants additional authority
concerning response plan oversight and
enforcement; increases certain CWA
penalty amounts; modifies the administrative
penalty provisions.
Directs the Secretary of Homeland Security
to establish a process for technology use
during an oil spill (or hazardous substance
release); amends OPA to specify sensing and
monitoring system equipment requirements
for offshore facilities.
Amends CWA to more explicitly describe
the oil spill prevention and response duties
of EPA, the Coast Guard, and DOT;
requires the Coast Guard to inventory and
maintain a database of all vessels capable of
oil spill response.
Amends pipeline provisions (49 U.S.C. §
60108) to require damage notification and
assessment;
Directs the National Commission on the BP
Deepwater Horizon Oil Spill and Offshore
Drilling to make recommendations
pertaining to offshore drilling governance;
instructs the Comptroller General to
examine former Coast Guard officials
involvement in foreign flag maritime
programs after leaving the Coast Guard;
tasks the Directors of the Agency for Toxic
Substances and Disease Registry and the
Centers for Disease Control with report to
Congress on health impacts related to the
Gulf oil spill.
CRS-5

---

Oil Spill Legislation in the 111th Congress

Bill
Number
Sponsor
Introduced Date
Short Title
Major Actions
Key Provisions
H.R. 5626
Waxman
June 29, 2010
Blowout Prevention Act of
Reported by the House
Requires high-risk (as defined) offshore oil
2010
Committee on Energy and
well permit applicants to demonstrate and
Commerce (H.Rept. 111-
attest specific prevention and response
581).
technologies are in place to receive a
permit; sets relief well drilling timeframes;
requires certain technologies on blowout
preventers and periodic third-party
inspections; requires specific well design
components and third-party inspections;
specifies work stoppage situations; creates a
Well Control Technical Advisory
Committee, which will submit reports to
Congress regarding relevant technologies,
regulations, and implementation; authorizes
periodic, unannounced inspections; allows
for citizen suits compelling compliance with
these provisions; establishes penalties for
non-compliance; facilitates the Chemical
Safety and Hazard Investigation Board’s
involvement in future investigations.
H.R. 5481
Capps
June 8, 2010

Passed House June 23,
Provides subpoena power to the National
2010.
Commission on the BP Deepwater Horizon
Oil Spill and Offshore Drilling.
H.R. 4213
Rangel
December 7, 2009
Unemployment
First version passed House
The version that passed the House May 28,
Compensation Extension
December 9, 2009;
2010 would have increased the per-barrel
Act of 2010
amended by Senate and
tax to 34 cents and extended the tax rate to
passed March 10, 2010;
December 31, 2020.
(formerly the American
House amended and passed
Jobs and Closing Tax
May 28, 2010; after further
The enacted legislation does not include oil spill-
Loopholes Act of 2010)
activity Senate passed
related provisions.
amended version July 21,
2010; House passed same
version July 22, 2010;
signed by President Obama
July 22, 2010 (P.L. 111-205).
CRS-6

---

Oil Spill Legislation in the 111th Congress

Bill
Number
Sponsor
Introduced Date
Short Title
Major Actions
Key Provisions
H.R. 3619
Oberstar
September 22, 2009
Coast Guard Authorization
Reported by the House
Instructs NOAA Administrator to establish
Act for Fiscal Years 2010
Committee on
an oil spill prevention/education program for
and 2011
Transportation October
small vessels; authorizes annual
16, 2009 (H.Rept. 111-303); appropriation of $10 million for FY2010-
passed House October 23,
FY2014 to support program.
2009; Senate Passed an
amended version May 7,
Amends OPA in following ways: modifies
2010; passed House
the definition of responsible party to include
September 30, 2010;
the owner of the oil transported in a single-
presented to the President
hull vessel; authorizes appropriations to
for signature October 4,
NOAA—$15 million per fiscal year for
2010.
response and damage assessment activities;
modifies provisions concerning Trust Fund
auditing procedures; requires certain
double-hull tanks in Prince William Sound to
be escorted by two towing vessels; specifies
that any tank vessel over 100 gross tons
must demonstrate financial responsibility.
Requires Secretary of Homeland Security to:
submit a report regarding human error and
oil spills (or near misses); prepare a tribal
consultation policy to improve coordination
of oil spill prevention, preparedness,
response, and natural resource damage
assessment; submit a report to Congress on
technology that can detect oil spilled from a
tank or non-tank vessel; ensure stronger
enforcement of International Maritime
Organization agreements.
Alters shipping code (46 U.S.C. § 3306) to
require certain vessels be in compliance
with construction standards for oil fuel
tanks (Regulation 12A of Annex I Protocol
of 1978 relating to the International
Convention for the Prevention of Pol ution
from Ships); directs Secretary of Homeland
Security to promulgate implementing
regulations.
Directs Coast Guard to promulgate
regulations concerning oil transfer
CRS-7

---

Oil Spill Legislation in the 111th Congress

Bill
Number
Sponsor
Introduced Date
Short Title
Major Actions
Key Provisions
operations and provide status update on
rulemakings.
Encourages the Secretary of Homeland
Security to work with other Arctic nations
(through the International Maritime
Organization) to ensure oil spill prevention
and response capability in the Arctic.
H.R. 3534
Rahal
September 8, 2009
Consolidated Land, Energy,
Passed House July 30, 2010. See Table 4.
and Aquatic Resources Act
of 2009 (CLEAR Act)
H.R. 2693
Woolsey
June 6, 2009
Federal Oil Spill Research
Reported by the House
Amends the OPA Title VII: establishes
Program Act
Committee on Science and
interagency committee, chaired by NOAA,
Technology (H.Rept. 111-
which would assess research, develop
553); passed House July 21,
research plan, set up competitive grant
2010.
program, prepare reports; direct NAS
assessment; repeal funding authorization cap
of $27.5 million.
Source: Prepared by CRS.
CRS-8

---

Oil Spill Legislation in the 111th Congress

Table 3. Passed or Reported Legislation in the Senate
Does not include resolutions, but includes legislation placed directly on Senate Legislative Calendar
Bill
Number
Sponsor
Introduced Date
Short Title
Major Actions
Key Oil Spill Policy Provisions
S. 3815
Reid
September 21, 2010
Promoting Natural Gas and
Placed on the Senate
Increases the Oil Spill Liability Trust Fund
Electric Vehicles Act of
Legislative Calendar
per-barrel financing rate from 8 to 21 cents.
2010
September 21, 2010.
S. 3793
Baucus
September 16, 2010
Job Creation and Tax Cuts
Placed on the Senate
Increases the Oil Spill Liability Trust Fund
Act of 2010
Legislative Calendar
per-barrel financing rate from 8 to 78 cents.
September 20, 2010.
Extends the financing rate sunset date from
the end of 2017 until the end of 2020. Raises
the Trust Fund’s per-incident limitation from
$1 billion to $5 billion (natural resource
damages from $500,000 to $2.5 billion).
S. 3663
Reid
July 28, 2010
Clean Energy Jobs and Oil
Placed on Senate Legislative See Table 5 below.
Company Accountability
Calendar July 29, 2010.
Act of 2010
S. 3614
Hutchison
July 19, 2010
Oil Spill Response Act
Ordered reported from the Directs the Commandant of the Coast
Senate Committee on
Guard to establish a Maritime Center of
Commerce, Science, and
Expertise for Maritime Oil Spill and
Transportation.
Hazardous Substance Release Response.
The Center would train federal, state, and
local responders and maintain two incident
management teams. The Center would
support a research program (in coordination
with the Interagency Coordinating
Committee—OPA Title VII) for testing and
development of response technologies and
techniques.
Directs Commandant of the Coast Guard to
maintain a National Strike Force with a
coordination center and public information
assist team (each already created by the
National Contingency Plan). The Strike
Force will provide rapid incident
management support, maintain capability to
mobilize assets to incident within 24 hours,
and train personnel. The coordination
center will maintain an inventory of
response equipment, and certify marine
CRS-9

---

Oil Spill Legislation in the 111th Congress

Bill
Number
Sponsor
Introduced Date
Short Title
Major Actions
Key Oil Spill Policy Provisions
response organizations. The public
information assist team will provide crisis
communication during an incident and train
personnel.
Requires Commandant of the Coast Guard
to maintain district preparedness teams to
maintain equipment, administer area
contingency plans and National
Preparedness for Response Exercise
Program, and provide other support and
coordination during responses.
Requires maritime oil spill response
organizations listed in vessel/facility
response plans to be certified by the Coast
Guard and inspected annual y. Requires
response organizations to notify Strike
Force coordinating center of a decrease in
response assets.
S. 1194
Cantwell
June 4, 2009
Coast Guard Authorization
Passed House October 23,
See details in Table 2.
Act for Fiscal Years 2010
2009; Senate passed an
(H.R. 3619)


and 2011
amended version May 7,
2010; passed House
September 30, 2010;
presented to the President
for signature October 4,
2010.
Source: Prepared by CRS.
CRS-10

---

Oil Spill Legislation in the 111th Congress

Table 4. Summary of Selected Oil Spill Policy Provisions of H.R. 3534
The Consolidated Land, Energy, and Aquatic Resources Act of 2010 (Clear Act)—as passed the House July 30, 2010
Section Number and Title
Summary
Comments
Sec. 501. Gulf of Mexico restoration program
Creates a Gulf of Mexico Restoration Task Force,
Unlike other restoration task force initiatives, this
staffed by the Governors of each Gulf state and the
proposal includes Texas among the Gulf states.
heads of federal agencies (selected by the President).
The President appoints the chair, who must be in the
Executive Office of the President.
Directs Task Force to create a Citizen Advisory Council
of local representatives to provide recommendations to
the Task Force.
Task Force creates a comprehensive restoration plan for
long-term ecological restoration of the Gulf.
Sec. 502. Gulf of Mexico long-term environmental
Directs the Secretary of Commerce (through NOAA)

monitoring and research program
to establish a long-term marine environmental
monitoring and research program in the Gulf and to
submit a biennial report to Congress summarizing the
program’s activities.
Sec. 503. Gulf of Mexico emergency migratory species
Directs the Secretary of Interior (through an agreement

alternative habitat program
with the Fish and Wildlife Service) to establish an
emergency migratory species alternative habitat
program. The program will support projects that
improve fish and bird habitats, among other things.
Sec. 504. Gulf of Mexico Restoration Account
Creates a Gulf of Mexico Restoration Account in the

Treasury. Adds a new section 311A to the CWA,
creating an additional civil penalty for violations of
section 311(b)(3): $200 million per 1 million barrels
discharged. The penalty revenues would fund the
Restoration Account. This change would be retroactive
to April 1, 2010.
Sec. 701. Short Title
Title VII of the act may be cited as the “Oil Spill

Accountability and Environmental Protection Act of
2010.”
CRS-11

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 702. Repeal of and adjustments to limitation on
Removes the liability limit for offshore facilities; modifies
Although the MODU liability limit is effectively removed,
liability
the liability limit provisions for mobile offshore drilling
MODUs would continue to be first treated as a tank
units (MODUs).
vessel for discharges of oil “on or above the surface of
the water.” The implications of this phrase are unclear.
Directs the President to revise the liability limits for
The phrase might suggest that MODU owner/operators
vessels, onshore facilities, and deepwater ports at least
would not be liable for discharges that are not “on or
once every three years after enactment; revisions should above the surface of the water.” Such discharges would
reflect the greater of 1) liability amount commensurate
most likely fall under the responsibility of the offshore
with risk (as determined by the President) or 2) an
facility.
increase in Consumer Price Index.
These amendments are effectively retroactive. The claim
The amendments would apply to oil spills after
time limitations, which provide the degree of
enactment as well as claims arising from a spill that
retroactivity, are found in 33 U.S.C. 2712. Claims for
occurred prior to enactment, as long as the claim was
removal costs must be presented within six years after
presented within applicable time limits.
removal completion; damage claims must be presented
within three years of injury. Thus, these provisions could
apply to an incident that occurred several years ago, but
CRS is not aware of a relevant incident (other than the
April 2010 oil spill).
Sec. 703. Evidence of financial responsibility for offshore
Increases the amount of financial responsibility that
Existing levels are $35 million and $10 million for
facilities
offshore facilities must demonstrate. Sets amount at
facilities seaward and landward, respectively, of state
$300 million, but allows for President to establish
waters boundaries. However, the President can set
alternate amounts based on several factors, including
levels up to $150 million, based on various factors. This
(among others) the insurance market, discharge risk,
provision is promulgated in 30 CFR Part 253, which links
asset value of offshore facility company. Alternate
financial responsibility levels with potential worst-case
amounts must be at least $105 million for facilities
discharge scenarios. The maximum discharge scenario
seaward of state waters boundary and $30 million for
requires a financial demonstration of $150 million.
facilities landward of a state waters boundary.
Sec. 704. Damages to human health
Adds damages to human health to the categories of
Adding human health damages to OPA would be a
damages for which a responsible party is liable. Human
substantial policy change. Whether to include human
health specifically includes mental health.
health within the liability structure of the
Comprehensive Environmental Response,
This addition would apply to oil spills after enactment as
Compensation, and Liability Act (CERCLA or Superfund,
well as claims arising from a spill that occurred prior to
enacted in 1980) was an issue of considerable debate.
enactment, as long as the claim was presented within
CERCLA, which deals with hazardous substance releases
applicable time limits.
(specifically excluding oil), does not hold parties liable
for damages to human health.
Sec. 705. Clarification of liability for discharges from
Amends liability provisions concerning mobile offshore

mobile offshore drilling units
drilling units.
CRS-12

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 706. Standard of review for damage assessment
Eliminates the “rebuttable presumption” provision that
The rebuttable presumption provision means that a
applies to trustees’ natural resource damage
responsible party would have the burden of proving that
assessments in administrative or judicial proceedings.
a trustee’s assessment is wrong, rather than the trustee
having to show that the assessment is right.a
Sec. 707. Procedures for claims against Fund;
Adds provision stating during a spill of national
It is unclear whether this provision would have any
Information on claims
significance (SONS) the President may exercise
impact on the claims process, as it does not grant new
authorities in Sec. 707 to ensure that the presentation,
authority.
filing, processing, settlement, and adjudication of claims
occurs within the areas affected by the spill to greatest

extent practicable.

Adds new section (1013A) to OPA, authorizing
Under existing law, OPA does not authorize the federal
President to require (during a SONS) a responsible
government to monitor or audit the responsible party’s
party to provide information related to its claims
claims process.
process. Required information includes claim processing
time and “any other data … necessary to ensure the
These amendments are effectively retroactive, employing
performance of the responsible party or the guarantor
the same text used in Sec. 702 (discussed above).
with regard to the processing and adjudication of such
claims.”
Sec. 708. Additional amendments and clarifications to
Amends definition of “removal costs” to include related

Oil Pollution Act of 1990
federal enforcement activities. Makes a corresponding
addition to removal costs liability provision. Expands

definition of “responsible party” for onshore facilities.

Modifies cost recovery provisions: payments found to be Does not clarify who would determine if trust fund
arbitrary or capricious are not recoverable.
payments were arbitrary or capricious.
Sec. 709. Americanization of offshore operations in the
Adds provision to shipping code (46 U.S.C. § 12111)
For more discussion of foreign flag issues, see “Coast
Exclusive Economic Zone
requiring that vessels (including MODUs) engaged in
Guard Oversight of OCS Safety” in CRS Report R41262,
EEZ resource activities be registered and owned by a
Deepwater Horizon Oil Spill: Selected Issues for Congress,
U.S. citizen (i.e., U.S. flagged). Requires Coast Guard
coordinated by Curry L. Hagerty and Jonathan L.
provide training to its personnel to implement this
Ramseur.
provision.
Sec. 710. Safety management systems for mobile
Requires MODU safety management plans pursuant to

offshore drilling units
46 U.S.C. § 3203 plans that address drilling operations.
Sec. 711. Safety standards for mobile offshore drilling
Directs the Secretary of Homeland Security to enhance

units
vessel safety standard regulations by addressing worst-
case discharges.
Sec. 712. Operational control of mobile offshore drilling
Requires a MODU operator to obtain a specific license.

units
CRS-13

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 713. Single-hull tankers
Shortens the double-hull transition period (from 2015 to
2011) for single-hull tankers offloading oil at deepwater
ports or in lightering zones.
Sec. 714. Repeal of response plan waiver
Removes ability for tank vessels and offshore/onshore

facilities to operate without a response plan if a
submitted plan is awaiting official approval.
Sec. 715. National Contingency Plan
Amends the CWA to require changes to the NCP
For more discussion of dispersants, see “Use of
regarding dispersant use and regulation including:
Dispersants” in CRS Report R41262, Deepwater Horizon
toxicity thresholds, independent testing, ranking of
Oil Spill: Selected Issues for Congress, coordinated by
dispersants by region, ingredient disclosure; directs EPA
Curry L. Hagerty and Jonathan L. Ramseur.
to conduct dispersant risk study; authorizes fee
col ection to cover EPA’s dispersant evaluation costs;
adds NCP provision concerning containment booms,
response planning for worst-case discharges.
Sec. 716. Tracking Database
Directs President to establish a comprehensive

oil/hazardous substance discharge database.
Sec. 717. Evaluation and approval of response plans;
Modifies oversight authority of spill response plans, by
Under existing law/regulations, the Department of the
maximum penalties
allowing the President to designate which offshore
Interior’s Bureau of Ocean Energy Management,
facilities would require response plan review from the
Regulation, and Enforcement (BOEMRE, formerly the
Secretary of Homeland Security (Coast Guard); requires
Minerals Management Service) has sole oversight of
that response plans contain additional information (e.g.,
offshore facility response plans.
risk analysis); grants additional authority concerning
response plan oversight (e.g., biennial report to
Congress) and enforcement; increases certain CWA
penalty amounts; modifies the administrative penalty
provisions.
Sec. 718. Oil and hazardous substance cleanup
Directs the Secretary of Homeland Security to establish

technologies
a process for technology use during an oil spill (or
hazardous substance release).
Sec. 719. Implementation of oil spill prevention and
Amends CWA to more explicitly describe the oil spill

response authorities
prevention and response duties of EPA, the Coast
Guard, DOT, and Interior.
Sec. 720. Impacts to Indian Tribes and public service
Amends OPA liability by adding Indian Tribes to

damages
government revenue and public services damage
categories.
CRS-14

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 721. Federal enforcement actions
Amends the CWA administrative penalty provisions by
According to the House Report (111-567) for H.R.
removing the limitation on Section 311(b) civil penalties
5629, which contains an identical provision:
for actions being addressed through the administrative
penalty process.
“This section would al ow independent Federal and State
actions, including the assessment of penalties, in relation
to the discharge of oil or hazardous substances under
section 311 of the Clean Water Act. “
Sec. 722. Time required before electing to proceed with
Amends OPA to shorten the timeframe from 90 to 45

judicial claim or against the Fund
days for claimants waiting on a responsible party to
address a submitted claim.
Sec. 723. Authorized level of Coast Guard personnel
Authorizes an increase in Coast Guard personnel for

implementing the activities of this title.
Sec. 724. Clarification of memorandums of
Directs the President to implement or revise

understanding
memorandums of understanding to clarify oil spill
prevention roles and responsibilities of various federal
agencies.
Sec. 725. Build America requirement for offshore
Amends OPA to require that offshore facilities used for

facilities
oil exploration, development, or production in, on,
above, or below the EEZ must be built in the United
States. Allows the Secretary of Homeland Security to
grant waiver under certain conditions.
Sec. 726. Oil spill response vessel database
Requires the Coast Guard to inventory and maintain a

database of all vessels capable of oil spill response.
Sec. 727. Offshore sensing and monitoring systems
Amends OPA to specify sensing and monitoring system

equipment requirements for offshore facilities.
Sec. 730. Authorization of appropriations
Authorizes additional appropriations from the Oil Spill

Liability Trust Fund:
Homeland Security: $30 million in FY2011; $32 million
annual y in FY2012-FY2015;
EPA: $10 million annually FY2011-FY2015;
DOT: $7 million annually FY2011-FY2013; $6 million
annual y FY2014-FY2015.
CRS-15

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 731. Extension of liability to persons having
Amends OPA definition of responsible party to include

ownership interests in responsible parties
any person having an ownership interest (of more than
25%) of any of the responsible party categories (e.g.,
vessels, facilities, pipelines). Applies to incidents
occurring on or after January 1, 2010.
Sec. 732. Clarification of liability under Oil Pollution Act
Amends OPA to state that “no release of liability” in

of 1990
connection with compensation received by a claimant
will apply to OPA liability unless the claimant presented
a claim and received compensation.
Sec. 733. Salvage activities
Amends the CWA definition of “discharge (in 33 U.S.C.

1321) to also exclude discharges incidental to salvage
activities authorized by the President in accordance with
the NCP. Adds “salvage activities” to the list of activities
exempt from liability (in 33 U.S.C. 1321(c)(4)).
Sec. 734. Requirement for redundancy in response plans
Amends the CWA response plan provisions to require
The process by which impartial experts would vet a
plans to specify redundancies if planned actions fail;
response plan is not explained. Moreover, “impartial
require response plans be “vetted by impartial experts.”
experts” is not clarified.
Amends the Outer Continental Shelf Lands Act to
prohibit the Secretary of the Interior from issuing a
license or permit for drilling unless the applicant has an
approved facility response plan (under 33 U.S.C.
1321(j)(5)).
Source: Prepared by CRS.
a. See CRS Report R41396, The 2010 Oil Spil : Natural Resource Damage Assessment Under the Oil Pol ution Act, by Kristina Alexander.
CRS-16

---

Oil Spill Legislation in the 111th Congress

Table 5. Summary of Selected Oil Spill Policy Provisions of S. 3663
Clean Energy Jobs and Oil Company Accountability Act of 2010—Placed on Senate Calendar July 29, 2010
Section Number and Title
Summary
Comments
Sec. 101. Short Title
Big Oil Bailout Prevention Unlimited Liability Act of

2010
Sec. 102. Removal of limits on liability for offshore
Eliminates liability limit for offshore facilities.
These amendments are effectively retroactive. The claim
facilities.
time limitations, which provide the degree of
retroactivity, are found in 33 U.S.C. 2712. Claims for
removal costs must be presented within six years after
removal completion; damage claims must be presented
within three years of injury. Thus, these provisions could
apply to an incident that occurred several years ago, but
CRS is not aware of an relevant incident (other than the
April 2010 oil spill).
Sec. 103. Claims Procedure
Shortens the timeframe from 90 to 30 days for claimants
waiting on action from the responsible party before
submitting claim to the Trust Fund.
For spills of national significance, the Trust Fund may pay
for the government’s administrative/personnel costs
associated with claims process.
Sec. 104. Oil and Hazardous Substance Response
Adds individuals from industry, conservation groups, and
Planning
the general public to those eligible for appointment to
area committees.
Amends the response plan requirements in the CWA by
(among other things) adding provisions specific to oil
well blowouts and worst-case discharge scenarios.
Requires certain plans be published in Federal Register for
public comment. Enhances conditions to be met to
achieve plan approval. President may require plans to
include best available technology.
Sec. 105. Reports
Requires the administrator of the BP compensation fund
This would apply to the Gulf Coast Claims Facility,
to submit periodic reports to Congress (180 days after
which began operating August 23, 2010.
enactment, every 90 days after first report).
Sec. 106. Trust Fund Advance Authority
During spills of national significance, authorizes
This additional advance provision was added by P.L. 111-
additional advances from the Oil Spill Liability Trust
191 (June 15, 2010), but that provision only applied to
Fund, up to $100 million per advance, not to exceed the
the Deepwater Horizon spill.
per-incident cap.
CRS-17

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 201. Short Title
Federal Research and Technologies for Oil Spill

Prevention and Response Act of 2010
Sec. 202. Purposes
States objectives regarding technologies.

Sec. 203. Interagency Committee
Amends OPA Title VII (Research and Development) by
Under current law the chairman is always a Coast Guard
making the Interagency Committee chair a position that
official.
rotates (every two years) between the Coast Guard,
EPA, NOAA, and the Department of the Interior.
Sec. 204. Science and Technology Advice and Guidance
Directs the chairman to work with the National

Academy of Sciences to establish a Science and
Technology Advisory Board. Board will assess state of
technology and research needs and provide a report to
Congress. Instructs Interagency Committee to update its
implementation plan accordingly and to accept input
from state and local governments and other
stakeholders.
Sec. 205. Oil Pollution Research and Development
Among other provisions, adds various provisions to
In recent years, Congress has appropriated
Program
research program, including evaluations of dispersants.
approximately $8 million per year to federal agencies to
Creates new R&D program that will be managed by the
support oil spill R&D efforts.
Secretary of the Interior to address oil discharges on
Interior-managed land. Directs Department of
Commerce to lead oil pollution effects research
program. Instructs Interior to conduct extreme
environmental condition demonstration projects.
Establishes Research Centers of Excel ence to conduct
research through grant programs. Sets up pilot program
for field tests. Authorizes $25 million annually for the
R&D program from the Trust Fund (without further
appropriation) for FY2010 through FY2020. Authorizes
an additional $20 million annual appropriation from the
Trust Fund for relevant agencies. Amends OPA’s Trust
Fund funding limitation accordingly.
Sec. 301. Short Title
Outer Continental Shelf Reform Act of 2010
Most of this title deals with MMS restructuring issues.
Only the sections that relate most directly to oil spill
policy are included in this table. For further discussion of
MMS restructuring issues, see “Reorganization of
BOEMRE/MMS” by Henry Hogue in CRS Report
R41262, Deepwater Horizon Oil Spill: Selected Issues for
Congress, coordinated by Curry L. Hagerty and Jonathan
L. Ramseur.
CRS-18

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 306. Safety, environmental, and financial reform of
Among other provisions, allows the Secretary of Interior
the Outer Continental Shelf Lands Act.
(after a public notice and hearing) to disqualify a person
from bidding for OCS lease if the entity is a responsible
party under OPA or has failed to meet compensation
obligations for removal costs and damages. Requires
lease holders to submit to the Secretary of Interior a
deepwater operations plan before exploring areas in
waters greater than 500 feet deep. Requires approval of
a safety and environmental management plan before
obtaining a drilling permit. Authorizes Secretary of
Interior to disapprove an exploration plan under certain
“exceptional circumstances.”
Sec. 310. National Commission on Outer Continental
Establishes in the legislative branch a National

Shelf Oil Spill Prevention.
Commission on Outer Continental Shelf Oil Spill
Prevention to (among other things) examine causes of
Deepwater Horizon spill, building on work of other
investigative teams and commissions.
Sec. 401. Short Title
Environmental Crimes Enforcement Act of 2010

Sec. 402 Environmental Crimes
Among other provisions, instructs the U.S. Sentencing

Commission to review the sentencing guidelines and
policy statements related to CWA offenses to
appropriately account for harm to public and the
environment.
Sec. 501. Short Title
Fairness in Admiralty and Maritime Law Act

Sec. 502. Repeal of Limitation of Shipowners’ Liability
Amends the liability provisions in the Shipowners’

Act of 1851
Liability Act of 1851, adding claims related to oil spills to
the list of claims that are not subject to limitation.
Sec. 503. Assessment of Punitive Damages in Maritime
Amends maritime law (46 U.S.C. Chapter 301) regarding
Law
punitive damages for maritime torts.
Sec. 504. Amendments to the Death on the High Seas
Expands liability under Death on the High Seas Act (46

Act
U.S.C. Chapter 303).
Sec. 505. Effective Date
Applies to actions after April 19, 2010 and actions that

have not been fully adjudicated as of the enacted date.
Sec. 601. Short Title
Securing Health for Ocean Resources and Environment

Act (SHORE Act)
CRS-19

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 611. Improvements to National Oceanic and
Directs Under Secretary for Oceans and Atmosphere

Atmospheric Administration oil spill response,
(i.e., Administrator of NOAA) to do the following:
containment, and prevention.
conduct review of NOAA’s capacity to respond to oil
spills and submit a report to Congress; develop and
maintain oil spill trajectory models, update the
environmental sensitivity index products for each U.S.
coastal area and offshore leasing area; prepare a review
of subsea hydrocarbons, including their effects with
dispersants on marine resources; establish a
hydrocarbon monitoring and assessment program; set
up an Interagency Coordinating Committee on Oil
Pollution Research; establish an initiative examining
threat and fate of oil spills from aging or abandoned
infrastructure; prepare inventory of offshore
abandoned/sunken vessels; submit report (after
enactments and every five years) describing leasing
regions’ ecological baselines and risks posed by
hydrocarbon development.
Sec. 612. Use of Oil Spill Liability Trust Fund for
Amends OPA to provide from the Trust Fund not more
This additional funding does not specifically reference
preparedness, response, damage assessment, and
than $5 million (without further appropriation) in each
the additional duties created by Section 611. It is unclear
restoration.
fiscal year to the NOAA Administrator and the Assistant to what extent the funding is intended to cover these
Secretary of the Interior for Fish and Wildlife and Parks.
activities.
This funding is to cover activities related to
preparedness, response, restoration, and damage
assessment capabilities. If a spill of national significance
occurs, $25 million shall be made available (from the
Trust Fund) to federal trustees.
Sec. 614. Strengthening coastal State oil spill planning
Amends the Coastal Zone Management Act to al ow

and response.
Secretary of Commerce to issue grants (not to exceed
$750,000 per year for one state) to states for the
fol owing purposes: to revise management programs to
identify and implement policies that address oil spill
response and impacts (environmental, economic, and
social) at the state level; to undertake regional coastal
marine spatial planning; to revise applicable enforceable
policies. Changes made should be coordinated with Area
Contingency Plans. Grants do not require state matching
funds.
CRS-20

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 615. Gulf of Mexico long-term marine
Directs the Secretaries of Commerce and Interior and

environmental monitoring and research program.
the EPA Administrator to establish a long-term (10-year
period, at minimum) marine environmental monitoring
and research program for the Gulf, ensuring access to
independent, peer-reviewed data regarding impacts
associated with Deepwater Horizon spill. Requires biennial
reports to Congress. Data collected will be available to
public after review and approval of Attorney General.
Sec. 616. Arctic research and action to conduct oil spill
Directs NOAA (with collaboration from other agencies)

prevention.
to direct research and perform actions to improve oil
spill prevention, response, and recovery in Arctic
waters.
Sec. 621. Secretary defined.
Secretary defined as the Secretary of Department in

which Coast Guard is operating (i.e., Homeland
Security).
Sec. 622. Arctic maritime readiness and oil spill
Directs Coast Guard to assess and take action to reduce
prevention.
the risk and improve the capability of the United States
to respond to a maritime disaster in the U.S. Beaufort
and Chukchi Seas.
Sec. 623. Advance planning and prompt decision making
Amends the CWA to include in area contingency plans

in closing and reopening fishing grounds.
advance planning concerning opening/closing fishing
grounds after an oil spill.
Sec. 624. Oil spill technology evaluation.
Directs the Secretaries of Homeland Security and

Interior and the EPA Administrator to establish a
program for the formal evaluation and validation of oil
pollution containment and removal technologies and
methods. At each validation, the officials will determine
if the process or technology should be designated as
“best available.” If so determined, the new standard will
be required in submitted and updated response plans.
Sec. 625. Coast Guard inspections.
Instructs the Secretary of Homeland Security to increase
the frequency and comprehensiveness of safety
inspections for U.S. and foreign-flagged vessels.
CRS-21

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 626. Certificate of inspection requirements.
Adds offshore oil/gas exploration/production facilities to

the list of vessels subject to Coast Guard inspection (33
U.S.C. § 3301). Instructs the Secretary of Homeland
Security and the Secretary of Interior to jointly develop
regulations to determine which components would be
subject, but would include (at minimum) MODUs, fixed
and floating drilling facilities, and risers and blowout
preventers. The Secretaries may waive inspection
requirements in some situations.
Sec. 627. Navigational measures for protection of
Directs the Coast Guard Commandant (in consultation

natural resources.
with NOAA) to identify areas of U.S. waters in which
routing or other navigational measures should be
established to reduce oil spill risks. If identified, the
Secretary of Homeland Security and NOAA
Administrator shal seek to establish such areas through
the International Maritime Organization. Instructs the
Coast Guard Commandant to submit quarterly data to
Congress on data col ected in support of this section.
Sec. 628. Notice to States of bulk oil transfers.
Al ows a state to require 24-hour notification to the

state and Coast Guard if a person transfers more than
250 barrels of oil to, from, or within a vessel in state
waters.
Sec. 629. Gulf of Mexico Regional Citizens’ Advisory
Instructs the President to establish a Gulf of Mexico

Council.
Regional Citizens’ Advisory Council to foster increased
participation from Gulf stakeholders. Directs the
President to submit to Congress a report describing
operational details of the Council, including how the
Council’s advice and recommendation will be treated by
relevant federal agencies.
Sec. 630. Vessel liability.
Amends OPA to modify the liability limits for vessels.
The tank barge limits would represent a substantial
Increases limits for tank vessels without double-hulls.a
increase above current applicable limits.
Creates new liability limits specific to tank barges.
Sec. 632. Prompt publication of oil spill information.
Requires the Coast Guard Commandant to make

publicly available (on a website) all prepared and
approved Incident Action Plans associated with an oil
spill response that is within the Coast Guard’s
jurisdiction. The plans shall be posted no later than 12
hours after an associated action has begun.
CRS-22

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 701. Catastrophic incident planning.
Directs President to ensure the federal government has

a coordinated system of catastrophic incident plans.
Instructs President to (among other things) review
current plans and assess identified resources and related
exercises; submit annual reports to Congress on status
of catastrophic incident planning efforts. Amends
Homeland Security Act of 2002 by creating an Office of
Catastrophic Planning to lead the department’s efforts
concerning catastrophic incident planning and
preparedness.
Sec. 702. Alignment of response frameworks.
Directs the Secretary of Homeland Security and the EPA
Administrator (and other agency heads determined by
the President) to review the National Contingency Plan
and the National Response Framework and submit a
report to Congress concerning (among other things) the
plans’ coordination, consistency, and lessons learned
from the Deepwater Horizon incident.
Sec. 801. Subpoena power for National Commission on
Grants conditional subpoena power to the National

the BP Deepwater Horizon Oil Spill and Offshore Drilling.
Commission on the BP Deepwater Horizon Oil Spill and
Offshore Drilling.
Sec. 4201. Gulf Coast Ecosystem restoration.
Creates a Gulf Coast Ecosystem Restoration Task
This provision may receive comparisons to the
Force, staffed by high-ranking federal agency officials, and Administration’s Restoration Plan (released September
appointees from Gulf states and local governments and
2010)b and S. 3763 (Landrieu). Unlike this provision,
affected Indian tribes. The President appoints the chair.
which would support the Task Force through
appropriations, both of those proposals would fund the
Task force creates a comprehensive restoration plan for
restoration activities by directing CWA penalties
long-term ecological restoration of the Gulf. Plan will
associated with the Gulf spill into a restoration fund.
include a list of priority projects: (1) based on best
available science; (2) without regard to geographic
location; and (3) with the highest priority to projects
and programs that will achieve the greatest contribution
in ecosystem restoration and function.
Authorizes $2.5 billion for FY2012-FY2021. The federal
share of project/activity costs shal not exceed 65% of
costs.
CRS-23

---

Oil Spill Legislation in the 111th Congress

Section Number and Title
Summary
Comments
Sec. 5001. Modifications with respect to Oil Spill Liability Increases the Oil Spill Liability Trust Fund financing rate
The current rate is 8 centers per barrel.
Trust Fund.
to 45 cents per barrel. Extends the financing rate sunset
date from the end of 2017 until the end of 2020. Raises
the Trust Fund’s per-incident limitation from $1 billion
to $5 billion (natural resource damages from $500,000
to $2.5 billion).
Source: Prepared by CRS.
a. The gross tonnage rate for double-hull tank vessels remains at $1,900 per gross ton. This would be a decrease, because the Coast Guard increased this value to
$2,000 in a 2009 rulemaking that adjusted liability limits to reflect inflation (Federal Register, Vol. 74, p. 31357; July 1, 2009).
b. “America’s Gulf Coast: A Long-Term Recovery Plan after the Deepwater Horizon Spill,” at http://www.restorethegulf.gov/release/2010/09/28/america%E2%80%99s-
gulf-coast-long-term-recovery-plan-after-deepwater-horizon-oil-spill.

CRS-24

---

Oil Spill Legislation in the 111th Congress

Author Contact Information

Jonathan L. Ramseur

Specialist in Environmental Policy
jramseur@crs.loc.gov, 7-7919


Congressional Research Service
25

---