Oil Spill Legislation in the 112th Congress
Jonathan L. Ramseur
Specialist in Environmental Policy
March 11, 2011
Congressional Research Service
7-5700
www.crs.gov
R41684
CRS Report for Congress
P
repared for Members and Committees of Congress

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Oil Spill Legislation in the 112th Congress

Summary
The 2010 Deepwater Horizon oil spill in the Gulf of Mexico continues to generate interest in a
variety of oil spill-related issues. This report summarizes key provisions of selected legislative
proposals in the 112th Congress that address oil spill-related policy issues, many of which were
raised after the 2010 Deepwater Horizon incident.
This report focuses primarily on oil spill policy matters that concern prevention, preparedness,
response, liability and compensation, and Gulf restoration. For the most part, the underlying
statutes for these provisions are found in either the Oil Pollution Act of 1990 (OPA, P.L. 101-380;
33 U.S.C. 2701 et seq.), the Clean Water Act (CWA) and its amendments (33 U.S.C. 1251 et
seq.), or the Outer Continental Shelf Lands Act (OCSLA) and its amendments (43 U.S.C. § 1331
et seq.).
As of the date of this report, the most comprehensive proposal is H.R. 501 (Markey). This
proposal includes many of the provisions that were part of H.R. 3534 (CLEAR Act), which
passed the House in the 111th Congress on July 30, 2010. In addition, H.R. 501 seeks to
implement some of the recommendations offered in the final report (January 2011) from the
National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.

Congressional Research Service

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Oil Spill Legislation in the 112th Congress

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

Tables
Table 1. Oil Spill Legislation in the 112th Congress—House Proposals ........................................ 2
Table 2. Oil Spill Legislation in the 112th Congress—Senate Proposals...................................... 10

Contacts
Author Contact Information ...................................................................................................... 12

Congressional Research Service

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Oil Spill Legislation in the 112th 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, 2010. A significant release of oil at the sea
floor was soon discovered. According to the National Incident Command’s Flow Rate Technical
Group estimate, 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 a variety of oil spill-related issues.
Members in the 111th Congress introduced more than 150 oil spill-related legislative proposals,
enacting three bills into law (P.L. 111-191, P.L. 111-212, and P.L. 111-281). Provisions in these
laws generally concerned 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 the President signed October 15, 2010 (P.L. 111-281), includes more substantial
changes. In addition to the enacted legislation, the House in the 111th Congress passed several
bills, including H.R. 3534 (the Consolidated Land, Energy, and Aquatic Resources Act—CLEAR
Act) that included multiple oil spill provisions. The Senate had comparable bills on its Legislative
Calendar, but did not vote on their passage.2
Table 1 (House proposals) and Table 2 (Senate proposals) provide a snapshot of oil spill-related
bills in the 112th Congress, most of which were (at least in part) offered in response to issues
raised by the Deepwater Horizon oil spill.3 Some of the bills are similar (if not identical) to
proposals from the 111th Congress. Other bills reflect recommendations by the National
Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.4 The most
comprehensive proposal to date, H.R. 501 (Markey), includes both provisions of the 111th
Congress CLEAR Act and recommendations of the Commission. For the most part, the
underlying statutes for these provisions are found in either the Oil Pollution Act of 1990 (OPA,
P.L. 101-380; 33 U.S.C. 2701 et seq.), the Clean Water Act (CWA) and its amendments (33
U.S.C. 1251 et seq.), or the Outer Continental Shelf Lands Act (OCSLA) and its amendments (43
U.S.C. § 1331 et seq.).
The bills included in the below tables do not represent an exhaustive list of bills that may have
some impact on oil spill policy. This report focuses primarily on oil spill policy matters that
concern prevention, preparedness, response, liability and compensation, and Gulf restoration. 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. The Federal Interagency Solutions
Group, Oil Budget Calculator Science and Engineering Team, Oil Budget Calculator—Deepwater Horizon: Technical
Documentation, November 2010.
2 For activity in the 111th Congress, see CRS Report R41453, Oil Spill Legislation in the 111th Congress, by Jonathan
L. Ramseur.
3 CRS Report R41407, Deepwater Horizon Oil Spill: Highlighted Actions and Issues, by Curry L. Hagerty and
Jonathan L. Ramseur.
4 The Commission’s final report (January 2011) and supporting documents are available at
http://www.oilspillcommission.gov/.
Congressional Research Service
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Table 1. Oil Spill Legislation in the 112th Congress—House Proposals
Does not include resolutions
Bill
Introduced
Number Sponsor
Date
Short Title
Major Actions
Key Provisions
H.R. 52
Connolly
January 5,
Oil Pollution
Referred to the House
Amends the Outer Continental Shelf Lands Act (OCSLA) to require the head
2011
Environmental
Committee on Natural
of any federal agency to treat the issuance of exploration plans, development
Review Act (OPERA)
Resources
production plans, development operation coordination documents, and lease
sales as a major federal action for National Environmental Policy Act (NEPA)
purposes.
H.R. 53
Connolly
January 5,

Referred to the House
Amends tax code to (retroactively) prohibit tax deductions for expenses
2011
Committee on Ways
related to costs or damages associated with oil spill liability.
and Means
H.R. 54
Connolly
January 5,
Stand by your Oil
Referred to the House
Amends the Oil Pol ution Act (OPA) definition (retroactively) of responsible
2011
Pol ution Act
Committee on
party to include any person having an ownership interest (of more than 25%)
Transportation and
of any of the responsible party categories (e.g., vessels, facilities, pipelines).
Infrastructure
Liability limit for this new category of responsible party is based on the
percentage of the aggregate ownership interests.
H.R. 56
Scalise
January 5,
Gulf Coast
Referred to the House
Creates a Gulf Coast Ecosystem Restoration task force, staffed by high-
2011
Restoration Act
Committee on Natural
ranking federal agency officials, and appointees from Gulf states and local
Resources; and
governments. The President appoints the chair. State governors (Alabama,
Committee on
Florida, Louisiana, Mississippi, and Texas) submit coastal ecosystem
Transportation and
restoration plans for approval by the chair of the task force.
Infrastructure
Establishes a Gulf Coast Ecosystem Restoration Fund, financed by not less
than 80% of any Deepwater Horizon-related penalties, settlements, and fines
under Sections 309 and 311 of the Clean Water Act (CWA). The task force
chair will distribute monies from the fund to states in support of their
restoration plans.
H.R. 261
Pal one
January 11,
No New Drilling Act
Referred to the House
Amends the OCSLA to prohibit all oil/gas OCS leasing.
2011
of 2011
Committee on Natural
Resources
CRS-2

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Bill
Introduced
Number
Sponsor
Date
Short Title
Major Actions
Key Provisions
H.R. 264
Thompson
January 26,
Northern California
Referred to the House
Amends the OCSLA to prohibit oil/gas OCS leases off the coast of
2011
Ocean and Coastal
Committee on Natural
Mendocino, Humboldt, and Del Norte counties in California.
Protection Act
Resources
H.R. 480
Castor
January 26,
Gulf of Mexico
Referred to the House
Establishes a Gulf of Mexico Recovery Council composed of senior federal
2011
Economic and
Committee on Natural
agency officials, and appointees (made by the President) from Gulf states
Environmental
Resources and other
(Louisiana, Alabama, Mississippi, and Texas) governments; and tribal
Restoration Act of
committees
representatives. Council duties include reviewing state restoration plans and
2011
al ocating funds to states with approved plans; creating a Gulf Observation
System, a sea grant program, a seafood marketing program, a clean energy
program, and a Gulf working group composed of Council members and local
parties; submitting an annual report to Congress.
Establishes the Gulf of Mexico Economic and Environmental Recovery Fund
financed by not less than 80% of any Gulf oil spill penalties, settlements, and
fines under Sections 309 and 311 of the CWA. Subject to appropriations, the
fund is available to the Council for redevelopment, restoration, and public
health rehabilitation. Council shall distribute 80% of available funds (in each
fiscal year) to support state restoration plans. Allocation to states based on
formula: 60% based on state’s proportionate length of Gulf coast shoreline—
per the National Oceanic and Atmospheric Administration (NOAA) Office of
Coast Survey—and 40% based on state’s proportionate share of population of
counties within the Gulf coast boundaries.
Remaining 20% of funds allocated as follows: 40% to observation system; 30%
to clean energy program; 15% to sea grant program; and 15% to seafood
marketing program.
H.R. 492
Holt
January 26,
Big Oil Bailout
Referred to the House
Amends OPA (retroactively) to eliminate the liability limit for offshore
2011
Prevention Act of
Committee on House
facilities.
2011
Transportation and
Infrastructure
CRS-3

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Bill
Introduced
Number
Sponsor
Date
Short Title
Major Actions
Key Provisions
H.R. 501
Markey
January 26,
Implementing the
Referred to the House
Title I: Among other provisions,a reorganizes the federal agency in charge of
2011
Recommendations of
Committee on Natural
overseeing offshore oil and gas operations.b
the BP Oil Spill
Resources and other
Commission Act of
committees
Title II: Directs Secretary of the Interior to implement regulations that
2011
require (1) third-party certification for blowout preventers (BOPs), well
casing, and cementing; (2) require mandatory safety and environmental
management systems for operators; (3) set specific requirements for BOPs,
well design, and cement jobs. New requirements apply to state waters unless
state can demonstrate an equal level of safety.
To obtain leases, easements, or right-of-ways, parties must certify that several
conditions are met, including potential responsible party obligations under
OPA for removal costs and damages.
Instructs Secretary of the Interior to publish (every five years) estimates of
worst-case scenario discharges in each OCS region. Increases the review time
from 30 to 90 days for exploration plans, al owing additional review time in
certain circumstances. Requires additional response/containment information
be submitted with exploration plans. Requires engineering review and
completion of a safety and environmental management plan before issuance of
drilling permits. Creates additional requirements to meet before issuing
exploration permits: consultation with Secretary of Commerce; available
equipment/technology to remediate a worst-case discharge.
Stipulates that exploration plan approvals require environmental assessments
or environmental impact statements in accordance with NEPA.c Removes the
OCSLA exemption for western and central Gulf of Mexico operations to
submit a development and production plan, the approval (or significant
revision) of which shall require an environmental assessment or
environmental impact assessment per NEPA.
Modifies general policy of the leasing program to direct Secretary of the
Interior to balance national energy needs with environment and natural
resource protection. Directs Secretary of the Interior to consider NOAA’s
input regarding the leasing program. Directs Secretary of the Interior to
request a review of a proposed leasing program from the Secretary of
Commerce and publish reasons for modifying or rejecting Commerce’s
recommendations. Requires Secretary of the Interior’s environmental studies
(in 43 U.S.C. 1346) to be in cooperation with Secretary of Commerce and to
conduct research of deepwater oil spills.
Removes an “economically feasible” clause, regarding the use of best available
and safest economically feasible technologies. Directs Secretary of the Interior
to publish (every three years) a list of the best available technologies for
CRS-4

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Bill
Introduced
Number
Sponsor
Date
Short Title
Major Actions
Key Provisions
offshore operations, including BOP and spill response. Instructs Secretary of
the Interior to promulgate regulations (to take effect no later than five years
later) requiring a “safety case” be submitted with each new permit to drill.
Modifies inspection regulations by requiring scheduled, monthly inspections at
OCS facilities. Adds loss of well control to list of events for which the Coast
Guard must make an investigation and prepare a public report. Requires an
annual certification that various drilling equipment and processes are in place
and functioning properly. Requires third-party certification of equipment
changes or upgrades.
Increases time period (from 60 to 90 days) for filing a petition for a judicial
review of certain leasing program decisions made by the Secretary of the
Interior. Increases civil and criminal penalty amounts in OCSLA.
Requires lessees to submit daily reports, generated either by the lessee or its
contractor, to Secretary of the Interior no more than 24 hours after the day
they should have been generated.
Repeals royalty relief provisions of the Energy Policy Act of 2005 for
deepwater production in the Gulf of Mexico.
Directs Secretary of the Interior to create a research and risk assessment
program; and submit a report to Congress on costs of conducting baseline
environmental studies needed to implement OCSLA.
Al ows for states to submit recommendations concerning exploration plans
(in addition to lease sales and development and production plans). Provides a
non-preemption clause for state and local governments.
Title III: Among other provisions, modifies oil and gas royalty payments.d
Title IV: Creates a Gulf Coast Ecosystem Restoration Task Force, staffed by
high-ranking federal agency officials, and appointees from Gulf states and local
governments. The President appoints the chair. State governors (Alabama,
Florida, Louisiana, Mississippi, and Texas) submit coastal ecosystem
restoration plans for approval by the chair of the task force. Establishes a Gulf
Coast Ecosystem Restoration Fund, financed by not less than 80% of the
Deepwater Horizon-related penalties, settlements, and fines under Sections 309
and 311 of the CWA. The task force chair will distribute monies from the
fund to states in support of their restoration plans.
Title V: Directs chairman of the Council on Environmental Quality to
establish/designate a Regional Coordination Council for each region. Directs
the Councils to prepare (1) an initial assessment of data and information
CRS-5

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Bill
Introduced
Number
Sponsor
Date
Short Title
Major Actions
Key Provisions
deficiencies regarding, among other things, conservation and management of
water resources; and (2) a regional strategic plan to foster sustainable uses of
the region’s resources. Chairman of CEQ must approve the strategic plans.
Establishes in the Treasury the Ocean Resources Conservation and Assistance
(ORCA) Fund, subject to appropriations. ORCA funds al ocated (per formula)
for various grant programs and other purposes.
Title VI: Removes (retroactively) the liability limit for offshore facilities;
modifies the liability limit provisions for mobile offshore drilling units
(MODUs). Directs the President to revise the liability limits for vessels,
onshore facilities, and deepwater ports at least once every three years after
enactment; revisions should reflect the greater of (1) liability amount
commensurate with risk (as determined by the President) or (2) an increase
in Consumer Price Index.
Amends definition of “removal costs” to include related federal enforcement
activities. Makes a corresponding addition to removal costs liability provision.
Expands definition of “responsible party” for onshore facilities. 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 National Contingency Plan (NCP).e Adds “salvage activities” to the list of
activities exempt from liability. Modifies cost recovery provisions. Removes a
defense (willful misconduct of the responsible party) for claims against the
guarantor.
Adds (retroactively) human health, including mental health, to the categories
of damages for which a responsible party is liable. Amends OPA liability by
adding Indian Tribes to government revenue and public services damage
categories. Amends OPA definition of responsible party to include any person
having an ownership interest (of more than 25%) of any of the responsible
party categories (e.g., vessels, facilities, pipelines). Amends OPA to shorten
the timeframe from 90 to 45 days for claimants waiting on a responsible party
to address a submitted claim.
Adds considerations for natural resource trustees when determining the
means of addressing natural resource damages; eliminates the “rebuttable
presumption” provision that applies to trustees’ natural resource damage
assessments in administrative or judicial proceedings.
Increases the amount of financial responsibility that offshore facilities must
demonstrate to $300 million, but allows for President to establish alternate
amounts based on several factors, including (among others) the insurance
market, discharge risk, asset value of offshore facility company. Alternate
CRS-6

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Bill
Introduced
Number
Sponsor
Date
Short Title
Major Actions
Key Provisions
amounts must be at least $105 million for facilities seaward of state waters
boundary and $30 million for facilities landward of a state waters boundary.
Directs President to review all financial responsibility amounts every three
years and revise upward based on various factors.
Directs the President to develop regulations allowing advance payments from
the Oil Spill Liability Trust Fund (OSLTF)f to states and localities to prepare
for and mitigate oil spills. Amends the tax code (26 U.S.C. 9509) to eliminate
the $1 billion per-incident cap on the OSLTF; allows for advances from the
General Treasury to the OSLTF.
Adds provision stating during a spill of national significance (SONS) the
President may exercise authorities to ensure that the presentation, filing,
processing, settlement, and adjudication of claims occurs within the areas
affected by the spill to greatest extent practicable. Authorizes the President to
require (during a SONS) a responsible party to provide information related to
its claims process. Required information includes claim processing time and
“any other data … necessary to ensure the performance of the responsible
party or the guarantor with regard to the processing and adjudication of such
claims.”
Adds provision to shipping code (46 U.S.C. §12111) requiring that vessels
(including MODUs) engaged in EEZ resource activities be registered and
owned by a U.S. citizen (i.e., U.S. flagged). Amends OPA to require that
offshore facilities used for 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.
Requires MODU safety management plans pursuant to 46 U.S.C. §3203 plans
that address drilling operations; requires a MODU operator to obtain a
specific license. Directs the Secretary of Homeland Security to enhance vessel
safety standard regulations by addressing worst-case discharges; shortens the
double-hull transition period (from 2015 to 2011) for single-hull tankers
offloading oil at deepwater ports or in lightering zones.
Increases certain CWA penalty amounts; modifies the administrative penalty
provisions.
Amends the CWA to require changes to the NCP regarding dispersant use
and regulation, including toxicity thresholds, independent testing, ranking of
dispersants by region, ingredient disclosure; directs EPA 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.
CRS-7

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Bill
Introduced
Number
Sponsor
Date
Short Title
Major Actions
Key Provisions
Removes ability for tank vessels and offshore/onshore facilities to operate
without a response plan if a submitted plan is awaiting official approval. Al ows
the President to designate which offshore facilities would require response
plan review from the Secretary of the Department of Homeland Security
(DHS); requires that response plans contain additional information (e.g., risk
analysis); grants additional authority concerning response plan oversight (e.g.,
biennial report to Congress) and enforcement. Amends CWA to more
explicitly describe the oil spill prevention and response duties of EPA, the
Coast Guard, DOT, and the Interior. Directs the President to implement or
revise memorandums of understanding to clarify oil spill prevention roles and
responsibilities of various federal agencies. Amends the CWA response plan
provisions to require plans to specify redundancies if planned actions fail;
requires response plans be “vetted by impartial experts.” Amends the OCSLA
to prohibit the Secretary of the Interior from issuing a license or permit for
drilling unless the applicant has an approved facility response plan. Requires
the Coast Guard to inventory and maintain a database of all vessels capable of
oil spill response.
Authorizes additional appropriations from the Oil Spill Liability Trust Fund to
support DHS, EPA, and DOT.
Modifies provisions in OPA Title VII (Research and Development); reduces
membership of Interagency Committee to Coast Guard, NOAA, Interior, and
EPA. Establishes a Science and Technology Advisory Board that assists the
Committee. Authorizes new and increased funding for the regional research
program. Sec. 321 provides $48 million for FY2012-FY2016 (without further
appropriation) from oil and gas royalty payments (see Title III of this bill). Of
this amount, the bill authorizes (subject to appropriations) specific funding to
NOAA for research activities.
Title VII: Amends Coastal Zone Management Act of 1972 by authorizing
grants to states to revise management programs to implement oil spill
response capabilities. Directs the Comptroller General to evaluate (and
submit a report to Congress three years after enactment) the effectiveness of
reforms required by this act. Directs preparation of a study from the National
Academy of Engineering regarding drilling a relief well in tandem with an
exploration/production well. Establishes a permanent Flow Rate Technical
Group chaired by the Director of the U.S. Geologic Survey and composed of
representatives from the Coast Guard, NOAA, Department of Energy,
national laboratories, and academic institutions.
CRS-8

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Bill
Introduced
Number
Sponsor
Date
Short Title
Major Actions
Key Provisions
H.R. 612
Garamendi
February 10,
West Coast Ocean
Referred to the House
Amends the OCSLA to prohibit oil/gas leases in the OCS off the coast of the
2011
Protection Act of
Committee on Natural
California, Oregon, or Washington.
2011
Resources
H.R. 832
Capps
February 28,
Gulf Coast Health
Referred to the House
Establishes a health screening, monitoring, and research program for oil spill
2011
Monitoring and
Committee on Energy
workers, Gulf residents, and food safety affected by the Deepwater Horizon
Research Program
and Commerce
spill. Creates a Gulf Coast Health Research Advisory Committee to provide
Act of 2011
advice to agencies involved in the program. Directs Secretary of Health and
Human Services to submit an annual report to Congress regarding the
program.
Source: Prepared by CRS.
Notes: The bills included in this table do not represent an exhaustive list of legislative proposals offered by Members of Congress in response to issues raised by the 2010
Gulf oil spill. The table includes bills that generally focus on oil spill policy matters that concern prevention, preparedness, response, liability and compensation, and Gulf
restoration.
a. Titles VIII and IX of H.R. 501 are not included in this table, because the issues are beyond the scope of this report.
b. This issue is beyond the scope of this report. For more information, see CRS Report R41485, Reorganization of the Minerals Management Service in the Aftermath of the
Deepwater Horizon Oil Spil , by Henry B. Hogue.
c. For more information, see CRS Report R41265, The 2010 Oil Spill: MMS/BOEMRE and NEPA, by Kristina Alexander.
d. This issue is beyond the scope of this report. For more information, see CRS Report RL33404, Offshore Oil and Gas Development: Legal Framework, by Adam Vann. See
also CRS Report RS22567, Royalty Relief for U.S. Deepwater Oil and Gas Leases, by Marc Humphries.
e. The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) contains the federal government’s regulatory and operative requirements for
responding to an oil spill (or hazardous substance release) into or on navigable waters and other specified locations. First developed through administrative processes
in 1968, the NCP has been amended by subsequent laws, including the CWA and the OPA in 1990. Oil spill response actions required under the regulations of the
NCP are binding and enforceable, per these enforcement authorities.
f.
Congress created the Oil Spill Liability Trust Fund (OSLTF) in 1986, but did not authorize its use or provide its funding until OPA. The National Pol ution Funds
Center (NPFC), an office within the Coast Guard, manages the trust fund. Key functions of the trust fund are (1) to provide funds (e.g., to agencies such as EPA) for
immediate oil spill response, and (2) to compensate parties for injuries/damages from the oil spill, if the responsible party (for whatever reason) denies payment, and
the NPFC determines the damages are compensable under the statute. The trust fund is primarily financed through an 8 cents per-barrel tax on domestic and
imported oil. See CRS Report RL33705, Oil Spills in U.S. Coastal Waters: Background and Governance, by Jonathan L. Ramseur.
CRS-9

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Table 2. Oil Spill Legislation in the 112th Congress—Senate Proposals
Does not include resolutions
Bill
Introduced
Number Sponsor
Date
Short Title
Major Actions
Key Provisions
S. 183
Rockefel er
January 25,
Deepwater Horizon
Referred to the Senate Amends Shipowner’s Liability Act of 1851 by adding claims related to injury or
2011
Survivors’ Fairness
Committee on
wrongful death arising from Deepwater Horizon incident to the list of claims
Act
Commerce, Science,
that are not subject to limitation.
and Transportation
Expands liability under Death on the High Seas Act (46 U.S.C. Chapter 303)
and Jones Act (46 U.S.C. § 30104).
S. 203
Begich
January 26,
Responsible Arctic
Referred to the Senate Directs the Secretary of Commerce (acting through the NOAA
2011
Energy Development Committee on
Administrator) to conduct research to improve oil spill prevention, response,
Act of 2011
Commerce, Science,
and recovery in Arctic waters.
and Transportation
Directs the Coast Guard to assess U.S. capability to respond to maritime
disaster in the Arctic region and take actions to improve capabilities.
Amends OPA’s oil pollution research provisions, creating two vice chairmen
for the Interagency Committee: NOAA and EPA. Directs the Interagency
Committee to request a risk assessment from the National Research Council
regarding Arctic oil spill operations.
States that testing of oil spill technologies would not constitute a major federal
action for NEPA purposes.a Authorizes the EPA (with NOAA and Interior
consultation) to waive any provisions of any laws that limits testing of oil spill
capabilities in U.S. waters.
Authorizes up to $20 million annually (without further appropriations) to
NOAA from the OSLTF for marine species rescue, rehabilitation, and
recovery.
S. 204
Begich
January 26,
Resources for Oil
Referred to the Senate Increases the OSLTF per-barrel tax financing rate from 8 to 11 cents for
2011
Spill Research and
Committee on Finance domestic crude and from 8 to 15 cents for other crude oil (i.e., imported).
Prevention Act
Repeals the termination date of the tax.
Amends OPA to allow the increased tax collections (3 cents and 7 cents,
respectively) to pay for NOAA, Coast Guard, and other agency oil spill
research, prevention, and response functions; environmental assessment
studies; and grants to affected states and other entities for OCS oil discharge
research.
CRS-10

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Bill
Introduced
Number
Sponsor
Date
Short Title
Major Actions
Key Provisions
S. 214
Menendez
January 27,
Big Oil Bailout
Referred to the Senate Amends OPA to (retroactively) eliminate the liability limit for offshore
2011
Prevention
Committee on
facilities.
Unlimited Liability
Environment and
Act of 2011
Public Works
S. 215
Menendez
January 27,
Big Oil Bailout
Referred to the Senate Amends the tax code (26 U.S.C. 9509) to eliminate the $1 billion per-incident
2011
Prevention Trust
Committee on Finance cap on the OSLTF; al ows for advances from the General Treasury to the
Fund Act of 2011
OSLTF.
S. 338
Feinstein
February 14,
Deepwater Drilling
Referred to the Senate Repeals royalty relief provisions of the Energy Policy Act of 2005 for
2011
Royalty Relief
Committee on Energy
deepwater production in the Gulf of Mexico; amends OCSLA to remove
Prohibition Act
and Natural Resources authority for Secretary of the Interior to modify royalty payments for leases in
water depths of more than 400 meters.
S. 405
Nelson (FL) February 17,
Gulf Stream
Referred to the Senate Amends OCSLA to prohibit the Secretary of the Interior from granting an
2011
Protection Act of
Committee on Energy
OCS oil/gas lease to a party conducting oil/gas operations in Cuban waters,
2011
and Natural Resources unless the party has a Cuban oil spill response plan and can demonstrate
financial responsibility to address an oil spill in Cuban waters that would
impact U.S. waters.
Directs the Secretary of the Interior to prepare an oil spill risk analysis and
planning process for response plans for nondomestic oil spills in the Gulf of
Mexico. Instructs NOAA to conduct modeling of Cuban waters to support
the risk analysis.
Source: Prepared by CRS.
Notes: The bills included in this table do not represent an exhaustive list of legislative proposals offered by Members of Congress in response to issues raised by the 2010
Gulf oil spill. The table includes bills that generally focus on oil spill policy matters that concern prevention, preparedness, response, liability and compensation, and Gulf
restoration.
a. For more information, see CRS Report R41265, The 2010 Oil Spill: MMS/BOEMRE and NEPA, by Kristina Alexander.

CRS-11

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Oil Spill Legislation in the 112th Congress


Author Contact Information

Jonathan L. Ramseur

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


Congressional Research Service
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