Oil Spill Legislation in the 112th Congress
Jonathan L. Ramseur
Specialist in Environmental Policy
February 21, 2012
Congressional Research Service
7-5700
www.crs.gov
R41684
CRS Report for Congress
Pr
epared for Members and Committees of Congress

Oil Spill Legislation in the 112th Congress

Summary
Congressional interest in oil spill legislation has historically waxed and waned. In the wake of
recent oil spills, some Members have expressed an increased level of interest in oil spill
legislation. At other times, when petroleum prices are high and oil spills are a more distant
memory, oil spill issues have typically generated minimal interest among policymakers.
The 2010 Deepwater Horizon oil spill in the Gulf of Mexico continues to generate some interest
in a variety of oil spill-related issues. In addition, two recent pipeline spills—Kalamazoo River
(2010) and Yellowstone River (2011)—have spurred related interest.
This report identifies legislation that addresses oil spill-related issues. For the purposes of this
report, oil spill-related issues include
• oil spill prevention,
• oil spill preparedness,
• oil spill response,
• oil spill liability and compensation, and
• Gulf Coast restoration.
For the most part, the underlying statutes for these provisions are found in the Oil Pollution Act of
1990 (OPA; 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.).
On January 3, 2012, the President signed as P.L. 112-90 one bill with oil spill-related
provisions—H.R. 2845 (the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011).
Among other provisions, this act increases civil penalties for violating safety requirements and
requires automatic and remote-controlled shutoff valves on newly constructed transmission
pipelines. It also directs the Department of Transportation to analyze leak detection systems, and
after a review by Congress, issue requirements based on this analysis.
The House passed H.R. 3408 (the PIONEERS Act) on February 16, 2012, which, among other
provisions, would create a Gulf Coast Restoration Trust Fund in the U.S. Treasury, financed by
80% of any Deepwater Horizon-related penalties, settlements, and fines under CWA Section 311.
The Trust Fund could be used to support Gulf Coast restoration—both natural resources and the
regional economy. Unlike similar legislative proposals, monies in the Trust Fund would not be
immediately available, but would require further congressional action to appropriate the funds.
In the Senate, the Committee on Environment and Public Works reported S. 1400 (the RESTORE
Act) on December 11, 2011 (S.Rept. 112-100). This legislation would distribute potential CWA
penalties from the Deepwater Horizon oil spill to support various objectives, including restoration
projects and economic development in the Gulf states.
Although not within the scope of this report, some Members have offered proposals that seek to
spur offshore oil exploration and development. One bill with such provisions was enacted and
several other such bills passed the House.
Congressional Research Service

Oil Spill Legislation in the 112th Congress

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

Tables
Table 1. List of Acronyms for Table 2 and Table 3.......................................................................... 4
Table 2. Oil Spill Legislation in the 112th Congress—House Proposals.......................................... 5
Table 3. Oil Spill Legislation in the 112th Congress—Senate Proposals ....................................... 18

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

Congressional Research Service

Oil Spill Legislation in the 112th Congress

Introduction
Congressional interest in oil spill legislation has historically waxed and waned. Recent oil spills
have led some Members to express an increased level of interest in oil spill legislation. At other
times, when petroleum prices have increased and oil spills are a more distant memory, oil spill
issues have typically generated minimal interest among policymakers.
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 (4.9 million barrels) of oil
before it was contained July 15, 2010.1
The 2010 Gulf oil spill continues to generate some interest in a variety of oil spill-related issues.
In addition, two recent pipeline spills—Kalamazoo River (2010)2 and Yellowstone River
(2011)3—have spurred related interest.
This report identifies legislation that addresses oil spill-related issues. For this report, oil spill-
related issues include oil spill policy matters that concern prevention, preparedness, response,
liability and compensation, and Gulf restoration. Oil spill issues do not generally include
questions regarding offshore leasing and drilling.
Table 2 (House proposals) and Table 3 (Senate proposals) provide a snapshot of oil spill-related
bills in the 112th Congress, many of which were (at least in part) offered in response to issues
raised by the Deepwater Horizon oil spill.4
Some of the bills are similar (if not identical) to proposals from the 111th Congress. (See Text Box
below.) Other bills reflect recommendations by the National Commission on the BP Deepwater
Horizon
Oil Spill and Offshore Drilling.5 For the most part, the underlying statutes for these
provisions are found in either the Oil Pollution Act of 1990 (OPA),6 the Clean Water Act (CWA)
and its amendments,7 or the Outer Continental Shelf Lands Act (OCSLA) and its amendments.8

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 On July 26, 2010, a pipeline released approximately 800,000 gallons of crude oil into Talmadge Creek, a waterway
that flows into the Kalamazoo River (Michigan). For more up-to-date information, see EPA’s Enbridge oil spill website
at http://www.epa.gov/enbridgespill/index.html.
3 On July 1, 2011, an ExxonMobil pipeline ruptured and released oil into the Yellowstone River near Billings, MT.
According to the pipeline owner (and cited on EPA’s website), the incident discharged an estimated 42,000 gallons. For
more up-to-date information, see EPA’s Yellowstone River spill website, http://www.epa.gov/yellowstoneriverspill/.
4 CRS Report R41407, Deepwater Horizon Oil Spill: Highlighted Actions and Issues, by Curry L. Hagerty and
Jonathan L. Ramseur.
5 The final report from the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling and
supporting documents are available at http://www.oilspillcommission.gov/.
6 Primarily codified at 33 U.S.C. §§2701 et seq. OPA amended other sections of the U.S. Code, including the Clean
Water Act (e.g., 33 U.S.C. §1321) and portions of the tax code (26 U.S.C. §4611 and §9509).
7 33 U.S.C. §§1251 et seq.
Congressional Research Service
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Oil Spill Legislation in the 112th Congress


Oil Spill-Related Legislation in the 111th Congress
In the wake of the Deepwater Horizon oil spill, 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.9

To date, the 112th Congress has enacted one bill with oil spill-related provisions—H.R. 2845 (the
Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011). The President signed this
act January 3, 2012 (P.L. 112-90). Among other provisions, the act
• increases the maximum amount of civil penalties for violations of safety
requirements;
• authorizes the Secretary of Transportation to require the installation of automatic
and remote-controlled shutoff valves on newly constructed transmission
pipelines; and
• directs the Secretary of Transportation to submit a report analyzing leak detection
systems and issues involved in requiring them. Based on this analysis (and after a
review period by Congress), the Secretary of Transportation may issue leak
detection requirements.
On February 16, 2012, the House passed H.R. 3408 (PIONEERS Act), which, among other
provisions, would create a Gulf Coast Restoration Trust Fund in the U.S. Treasury, financed by
80% of any Deepwater Horizon-related penalties, settlements, and fines under CWA Section 311.
The Trust Fund could be used to support Gulf Coast restoration—both natural resources and the
regional economy. Unlike similar legislative proposals, monies in the Trust Fund would not be
immediately available, but would require further congressional action to appropriate the funds.
In the Senate, the Committee on Environment and Public Works reported S. 1400 (the RESTORE
Act) on December 11, 2011 (S.Rept. 112-100). This legislation would distribute potential CWA
penalties from the Deepwater Horizon oil spill to support various objectives, including restoration
projects and economic development in the Gulf states.
In addition, the Senate considered S. 953 on May 11, 2011. Among other provisions, this bill
would require exploration plans to include a third-party review; would direct the Secretary of
Energy to report on methodologies and technological responses to oil spills and mitigating the
effects of oil spills; and would require the Government Accountability Office (GAO) to report on
existing federal government capabilities and legal authorities to prevent and respond to an oil
spill.

(...continued)
8 43 U.S.C. §§1331 et seq.
9 For activity in the 111th Congress, see CRS Report R41453, Oil Spill Legislation in the 111th Congress, by Jonathan
L. Ramseur.
Congressional Research Service
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Oil Spill Legislation in the 112th Congress

The bills included in the tables below are not an exhaustive list of bills that may have some
impact on oil spill policy. For example, some Members have offered proposals that seek to spur
offshore oil exploration and development. As highlighted below, one enacted bill included such a
provision and several other such bills passed the House:
• P.L. 112-74, the Consolidated Appropriations Act, 2012 (signed December 23,
2011), included a provision that amends the Clean Air Act (CAA), transferring
air emission authority in the OCS off Alaska’s north coast from the U.S.
Environmental Protection Agency (EPA) to the Department of the Interior
(DOI).10
• H.R. 1230 (passed the House May 5, 2011) would direct the DOI Secretary to
conduct four oil and gas lease sales—three in the Gulf of Mexico and one off the
coast of Virginia—within specific time frames.
• H.R. 1229 (passed the House May 11, 2011) would amend the permit process
time frame and change the venue for judicial review.
• H.R. 1231 (passed the House May 12, 2011) would direct the DOI Secretary to
make certain areas of OCS available for leasing based on estimates of oil and gas
resources.
• H.R. 2021 (passed the House June 22, 2011) would amend the CAA to modify
the definition of OCS source, to exclude counting support vessel emissions, and
to eliminate Environmental Appeal Board authority over exploration permits.
In contrast, some Members have introduced bills that would prohibit oil and gas development in
particular areas. The focus of these proposals generally involves environmental protection,
particularly oil spill prevention. As such, these latter proposals are included in the tables below,
but the former proposals are not. The bills identified in the tables are listed in (descending) order
by bill number.

10 For more information on this issue, see CRS Report R42123, Controlling Air Emissions from Outer Continental
Shelf Sources: A Comparison of Two Programs—EPA and DOI
, by Jonathan L. Ramseur.
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Oil Spill Legislation in the 112th Congress

Table 1. List of Acronyms for Table 2 and Table 3
BOP Blowout
preventer
CAA
Clean Air Act
CEQ
Council on Environmental Quality
CWA
Clean Water Act
CZMA
Coastal Zone Management Act
DHS
Department of Homeland Security
DOI
Department of the Interior
DOT
Department of Transportation
EEZ Exclusive
Economic
Zone
EPA
Environmental Protection Agency
GAO Government
Accountability Office
MODU
Mobile offshore drilling unit
NEPA
National Environmental Policy Act
NOAA
National Oceanic and Atmospheric Administration
OCS
Outer continental shelf
OCSLA
Outer Continental Shelf Lands Act
OPA
Oil Pollution Act
OSLTF
Oil Spill Liability Trust Fund
SONS
Spill of National Significance

Congressional Research Service
4


Table 2. Oil Spill Legislation in the 112th Congress—House Proposals
Bills marked with an asterisk indicate committee or chamber action
Does not include resolutions
Bill
Introduced
Number
Sponsor
Date
Short Title
Major Actions
Key Provisions
H.R. 52
Connol y
January 5,
Oil Pollution
Referred to the
Amends OCSLA to require the head of any federal agency to treat the issuance of
2011
Environmental
House Committee
exploration plans, development production plans, development operation
Review Act
on Natural
coordination documents, and lease sales as a major federal action under NEPA.
(OPERA)
Resources
H.R. 53
Connol y
January 5,

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


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
H.R. 264
Thompson
January 26,
Northern
Referred to the
Amends the OCSLA to prohibit oil/gas OCS leases off the coast of Mendocino,
2011
California Ocean
House Committee
Humboldt, and Del Norte counties in California.
and Coastal
on Natural
Protection Act
Resources
H.R. 480
Castor
January 26,
Gulf of Mexico
Referred to the
Establishes a Gulf of Mexico Recovery Council composed of senior federal agency
2011
Economic and
House Committee
officials, and appointees by the President from Gulf states (Louisiana, Alabama,
Environmental
on Natural
Mississippi, and Texas) governments; and tribal representatives. Council duties include
Restoration Act
Resources and
reviewing state restoration plans and allocating funds to states with approved plans;
of 2011
other committees
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 CWA
§309 and §311. Subject to appropriations, the fund is available to the Council for
redevelopment, restoration, and public health rehabilitation. The Council is to
distribute 80% of available funds in each fiscal year to support state restoration plans.
Allocation to states are based on a formula: 60% on state’s proportionate length of
Gulf coast shoreline—per the National Oceanic and Atmospheric Administration
(NOAA) Office of Coast Survey—and 40% on state’s proportionate share of
population in counties that border the Gulf coast.
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
Amends OPA retroactively to eliminate the liability limit for offshore facilities.
2011
Prevention Act
House Committee
of 2011
on House
Transportation and
Infrastructure
CRS-6


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
H.R. 501
Markey
January 26,
Implementing the Referred to the
Title I: Among other provisions,a reorganizes the federal agency in charge of
2011
Recommendatio
House Committee
overseeing offshore oil and gas operations.b
ns of the BP Oil
on Natural
Spill Commission
Resources and
Title II: Directs DOI Secretary to implement regulations that (1) require third-party
Act of 2011
other committees
certification for 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 DOI Secretary 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, allowing 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 dril ing 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 DOI Secretary to balance
national energy needs with environment and natural resource protection. Directs DOI
Secretary to consider NOAA input regarding the leasing program. Directs DOI
Secretary to request a review of a proposed leasing program from the Secretary of
Commerce and publish reasons for modifying or rejecting Commerce
recommendations. Requires DOI Secretary’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 DOI Secretary to publish every
three years a list of the best available technologies for offshore operations, including
BOP and spill response. Instructs DOI Secretary to promulgate regulations to take
effect no later than five years later requiring a “safety case” be submitted with each
new permit to drill.
CRS-7


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
Modifies inspection regulations by requiring scheduled, monthly inspections at OCS
facilities. Adds loss of wel 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 from 60 to 90 days the time period for filing a petition for a judicial review
of certain leasing program decisions made by the DOI Secretary. Increases civil and
criminal penalty amounts in OCSLA.
Requires lessees to submit daily reports, generated either by the lessee or its
contractor, to DOI Secretary no more than 24 hours after the required date.
Repeals royalty relief provisions of the Energy Policy Act of 2005 for deepwater
production in the Gulf of Mexico.
Directs DOI Secretary 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 CWA §309 and §311. The task force chair is to
distribute monies from the fund to states in support of their restoration plans.
Title V: Directs CEQ chairman to establish/designate a Regional Coordination
Council for each region. Directs the Councils to prepare (1) an initial assessment of
data and information 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. CEQ chairman must approve the strategic plans.
Establishes in the Treasury the Ocean Resources Conservation and Assistance
(ORCA) Fund, subject to appropriations. ORCA funds al ocated by formula for
various grant programs and other purposes.
Title VI: Removes retroactively the liability limit for offshore facilities; modifies the
CRS-8


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
liability limit provisions for 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 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 time frame 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 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
OSLTFf 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 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
CRS-9


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
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 DHS Secretary 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 DHS Secretary to enhance vessel safety standard regulations by addressing
worst-case discharges; shortens the double-hull transition period (from 2015 to 2011)
for certain single-hull tankers.
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.
Removes ability for tank vessels and offshore/onshore facilities to operate without a
response plan if a submitted plan is awaiting official approval. Allows the President to
designate which offshore facilities would require response plan review from the DHS
Secretary; 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 DOI.
Directs the President to implement or revise memoranda 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 DOI Secretary 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.
CRS-10


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
Modifies provisions in OPA Title VII (Research and Development); reduces
membership of Interagency Committee to Coast Guard, NOAA, DOI, and EPA.
Establishes a Science and Technology Advisory Board that assists the Committee.
Authorizes new and increased funding for the regional research program: §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 CZMA by authorizing grants to states to revise management
programs to implement oil spill response capabilities. Directs GAO to evaluate (and
submit a report to Congress three years after enactment) the effectiveness of reforms
required by this act. Directs 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.
H.R. 612
Garamendi
February 10,
West Coast
Referred to the
Amends the OCSLA to prohibit oil/gas leases in the OCS off the coast of the
2011
Ocean
House Committee
California, Oregon, or Washington.
Protection Act of on Natural
2011
Resources
H.R. 832
Capps
February 28,
Gulf Coast
Referred to the
Establishes a health screening, monitoring, and research program for oil spill workers,
2011
Health
House Committee
Gulf residents, and food safety affected by the Deepwater Horizon spill. Creates a Gulf
Monitoring and
on Energy and
Coast Health Research Advisory Committee to provide advice to agencies involved in
Research
Commerce
the program. Directs Secretary of Health and Human Services to submit an annual
Program Act of
report to Congress regarding the program.
2011
H.R. 1228
Landry
March 29,
Natural
Referred to the
Directs EPA to create a panel, in consultation with the National Academy of Sciences
2011
Resources
House Committee
and federal and state trustees, to prepare a preliminary report of natural resource
Restoration Act
on Transportation
damages. Requires resource trustees to prepare a “special assessment” in amount
of 2011
and Infrastructure
equal to 30% of costs of restoring natural resources (or a mutually agreed amount).
Responsible parties must pay this amount, which will be used to for restoration
projects.
CRS-11


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
H.R. 1333
Miller
April 1, 2011
Gulf Coast
Referred to the
Establishes a Gulf Coast Economic Restoration Fund, financed by not less than 40% of
Economic and
House Committee
the Deepwater Horizon-related penalties, settlements, and fines under CWA §§309 and
Tourism
on Transportation
311. Creates a Gulf Coast Economic Restoration Task Force to distribute monies,
Restoration Act
and Infrastructure
subject to appropriations, from the Fund to Gulf states to support Gulf coast
Committee on
economic development and tourism.
Energy and
Commerce
H.R. 1393
Buchanan
April 6, 2011
Oil Spil
Referred to the
Amends OPA retroactively to eliminate the liability limit for offshore facilities. Directs
Prevention Act
House Committee
the Bureau of Ocean Energy Management, Regulation and Enforcement to conduct
of 2011
on Natural
monthly inspections of vessels/facilities drilling for offshore oil/gas. Prohibits
Resources and
categorical exemptions from any federal requirement or restriction for oil/gas
Committee on
operations in water over 1,000 feet deep.
Transportation and
Infrastructure
H.R. 1520
Inslee
April 13,
Offshore Drilling
Referred to the
Amends the OCSLA to require OCS oil and gas drilling and production operations to
2011
Safety
House Committee
have safety and environmental management systems, including BOPs and additional
Improvement
on Natural
backup emergency shutoff equipment. The equipment must use the “best available and
Act
Resources and
safest technologies.” Implementing regulations are to consider different requirements
Committee on
for different water depths.
Energy and
Commerce
H.R. 1568
Woolsey
April 14,
Oil Pollution
Referred to the
Amends multiple provisions in OPA Title VII (research and development): alters
2011
Research and
House Committee
structure of the interagency committee; directs committee to meet annually and to
Development
on Science, Space,
develop an information clearinghouse; amends implementation plan provisions;
Program
and Technology
creates an Oil Pol ution Research Advisory Committee to support the Interagency
Reauthorization
Committee; increases authorization for appropriations for various provisions.
Act of 2011
H.R. 1597
Capps
April 15,
California Ocean
Referred to the
Amends the OCSLA to prohibit oil/gas leases in the OCS off the coast of the
2011
and Coastal
House Committee
California.
Protection Act
on Natural
Resources
H.R. 1664
Young
April 15,
SAFEGUARDS
Referred to the
Amends the OCSLA to require that the Coast Guard approve a facility response plan
2011
Act of 2011
House Committee
before a facility receives a permit for exploration or production activities. Requires
on Natural
the appropriate official to conduct water quality monitoring 48 hours after an oil or
Resources and
hazardous substance discharge occurs. Extends review time for exploration plans from
Committee on
30 to 90 days and allows for an additional 60-day extension. Prohibits exploration
Transportation and
plans from receiving a NEPA categorical exclusion.
Infrastructure
CRS-12


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
H.R. 1762
Bonner
May 5, 2011
Gulf Coast
Referred to the
Establishes a Gulf Coast Restoration Fund, financed by not less than 80% of any
Restoration Act
House Committee
Deepwater Horizon-related penalties, settlements, and fines under CWA §§309 and
on Transportation
311. Creates a Gulf Coast Restoration Task Force, staffed by high-ranking federal
and Infrastructure
agency officials, and appointees from Gulf states and local governments. Directs Task
and other
Force to distribute Fund monies to the states to support economic development,
committees
tourism promotion, and ecosystem restoration. At least 80% of a state’s allotment
must go to local governments affected by the 2010 oil spill.
H.R. 1814
Engel
May 10, 2011 Offending Oil
Referred to the
Amends the tax code to establish conditions for oil spill responsible parties who may
Polluters Act of
House Committee
seek certain tax deductions or credits.
2011
on Ways and Means
H.R. 1870
Connol y
May 12, 2011 Increase
Referred to the
Provisions nearly identical to H.R. 501 (above).
American Energy
House Committee
Production Now
on Natural
Act of 2011
Resources and
other committees
H.R. 1890
Tsongas
May 12, 2011 SAFER Dril ing
Referred to the
Amends the OCSLA to require exploration and development and production plans to
Act
House Committee
include an oil spill containment and cleanup plan that can address a worst-case
on Natural
discharge. EPA must approve the containment/cleanup plan.
Resources
H.R. 2386
Markey
June 24,
Oil Spill Victims
Referred to the
Amends state court jurisdiction provisions in OPA; amends state authority regarding
2011
Redress Act
House Committee
additional oil spill liability. Changes effective for any claim that is pending on, or filed
on Transportation
on or after, the date of enactment.
and Infrastructure
H.R. 2845*
Shuster
September 7, Pipeline Safety,
Passed House
Among other provisions,g increases the maximum amount of civil penalties for
2011
Regulatory
December 12, 2011 violations of safety requirements. Authorizes the DOT Secretary to issue a rule
Certainty, and
(H. Rept 112-297);
requiring automatic and remote-control ed shutoff valves on newly constructed
Job Creation Act
passed Senate
transmission pipelines. Directs DOT Secretary to submit report analyzing leak
of 2011
December 13,
detection systems and issues involved in requiring them. Based on analysis and after a
2011; signed by
review period, allows DOT Secretary to issue leak detection requirements.
President January 3,
2012 (P.L. 112-90)
H.R. 3096
Scalise
October 5,
Resources and
Referred to the
Establishes a Gulf Coast Restoration Fund, financed by 80% of any Deepwater Horizon-
2011
Ecosystems
House Committee
related penalties, settlements, and fines under CWA §311. Directs the Secretary of
Sustainability,
on Transportation
the Treasury to administer the fund. Fund money will be distributed as follows:
Tourist
and Infrastructure
Opportunities,
and other
(1) 35% to the Gulf Coast States in equal shares to support eligible activities, some of
and Revived
committees
which cover a broad range (e.g., “workforce development and job creation, and other
CRS-13


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
Economies of the
economic development projects.”)
Gulf Coast States
Act of 2011
(2) 60% to the newly created Gulf Coast Ecosystem Restoration Council, which
distributes funds based on a Comprehensive Plan. Funding priorities (e.g., restoration,
previous plans, large-scale) apply. Projects must qualify as one of the specific eligible
activities. Annual distributions are subject to a formula that al ocates project funding
to states based on (1) miles of oiled shoreline, (2) oiled shoreline distance to the well
head, and (3) coastal population. These criteria are not weighted equally.
(3) 5% to support research efforts. Equal shares to a newly created Gulf Coast
Ecosystem Restoration Science, Observation, Monitoring, and Technology Program
and a newly created Fisheries and Ecosystem Endowment.
(4) 50% of interest earned to support a newly created Gulf of Mexico Research
Endowment; other earned interest would remain in the fund until expended.
H.R. 3393
Rivera
November 4, Foreign Oil Spill
Referred to the
Amends OPA to make the owner/operator of a foreign offshore unit (e.g., oil well)
2011
Liability Act of
House Committee
liable as an OPA responsible party; amends CWA to subject such units to CWA
2011
on Transportation
discharge penalties.
and Infrastructure
H.R. 3408*
Lamborn
November
PIONEERS Act
Reported by the
Among other provisions, the passed version included an amendment (H.Amdt. 951,
14, 2011
House Committee
offered by Scalise) that added the Resources and Ecosystems Sustainability, Tourist
on Natural
Opportunities, and Revived Economies of the Gulf Coast States Act of 2012
Resources (H. Rept. (“RESTORE Act”).
112-392) on
February 9, 2012;
This act would establish a Gulf Coast Restoration Trust Fund in the Treasury, financed
passed House
by 80% of any Deepwater Horizon-related penalties, settlements, and fines under CWA
February 16, 2012
§311. Monies in the Fund would be available through future congressional action to
support Gulf Coast restoration—both natural resources and the regional economy.
H.R. 3426
Connol y
November
Protecting
Referred to the
Directs EPA to issue regulations requiring the closure of an oil storage facility if
16, 2011
Neighborhoods
House Committee
certain conditions apply: (1) facility is located within 1 mile of 100 residents and 2 or
from Oil
on Transportation
more spills have occurred within 10 years; and (2) facility’s oil spill led to groundwater
Pollution Act of
and Infrastructure
contamination affecting 100 or more residents.
2011
H.R. 3472
Young
November
Pirate Fishing
Referred to the
Amends underlying code of OSLTF (26 U.S.C. 9509) to al ow the trust fund to finance
17, 2011
Vessel Disposal
House Committee
activities concerning forfeited fishing vessels, including sinking, scrapping, and recycling
Act of 2011
on Transportation
vessels.
and Infrastructure
and other
committees
CRS-14


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
H.R. 3757
Richardson
December
Securing Health
Referred to the
Title I: Directs NOAA Administrator to review NOAA’s capacity to respond to oil
20, 2011
for Ocean
House Committee
spills and report to Congress; develop and maintain oil spill trajectory models; update
Resources and
on Transportation
the environmental sensitivity index products for each U.S. coastal area and offshore
Environment
and Infrastructure
leasing area; prepare a review of subsea hydrocarbons, including their effects with
(SHORE) Act
and other
dispersants on marine resources; establish a hydrocarbon monitoring and assessment
committees
program; set up an Interagency Coordinating Committee on Oil Pol ution 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 thereafter describing leasing regions’ ecological
baselines and risks posed by hydrocarbon development.
Amends OPA to provide OSLTF monies to NOAA without further appropriation.
Amends the CZMA to allow Secretary of Commerce to issue grants, not to exceed
$750,000 per year for one state, to states for specific purposes, including programs to
identify and implement policies that address oil spill response and impacts
(environmental, economic, and social) at the state level. Grants do not require state
matching funds.
Directs the Secretary of Commerce to establish a long-term (10-year minimum)
marine environmental monitoring and research program for the Gulf, ensuring access
to independent, peer-reviewed data regarding impacts associated with Deepwater
Horizon
spil . Requires biennial reports to Congress. Data to be available to public
after review and approval of Attorney General.
Directs NOAA with col aboration from other agencies to direct research and perform
actions to improve oil spill prevention, response, and recovery in Arctic waters.
Title II: Directs Coast Guard to assess and take action to reduce the risk and
improve the capability of the United States to respond to a maritime disaster in the
U.S. Beaufort and Chukchi Seas.
Requires oil spill response plans be updated every five years.
Directs DHS Secretary to establish a program for the formal evaluation and validation
of oil pollution containment and removal technologies and methods. At each
validation, the Secretary is to determine if the process or technology should be
designated as “best available.”
Instructs the DHS Secretary to increase the frequency and comprehensiveness of
safety inspections for U.S. and foreign-flagged vessels.
Adds offshore oil/gas exploration/production facilities (and components such drilling
systems, risers and blowout preventers) to the list of vessels subject to Coast Guard
CRS-15


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
inspection (33 U.S.C. §3301).
Directs the Coast Guard Commandant, in consultation 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 DHS Secretary and NOAA Administrator are
to seek to establish such areas through the International Maritime Organization.
Instructs the Coast Guard Commandant to submit quarterly data to Congress on data
collected in support of this section.
Allows 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.
Amends OPA to establish a Gulf of Mexico Regional Citizens’ Advisory Council
composed of Gulf stakeholders to (in general) monitor OCS facility and tanker
activities, particularly regarding environmental impacts, and recommend standards to
minimize impacts.
Amends OPA to modify the liability limits for vessels. Increases limits for tank vessels
without double-hulls. Creates new liability limits specific to tank barges.
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 are to be posted no later than 12
hours after an associated action has begun.
Authorizes increased appropriations to the Coast Guard for oil spill research and
development.
Title III: Directs NOAA, in coordination with DHS and EPA, to develop national
protocols concerning shoreline characterization data.
Requires DOI to consider suggestions from Commerce and Coast Guard when
proposing lease sales.
Prior to the approval of any program, lease, exploration plan, or development and
production plan, DOI must consult with NOAA on adverse impacts (e.g., oil spills).
NOAA may recommend alternatives.
Establishes a Federal Oil Spill Research Committee (replacing the Interagency
Committee in OPA Title VII), represented by NOAA (chair), the Coast Guard, and
EPA, to coordinate oil pol ution research and development. Committee is to assess
state of technology and research needs and report to Congress. Committee is to
submit a research implementation plan with assistance from the National Academy of
Sciences. Creates a grant program to carry out research efforts.
CRS-16


Bill
Introduced
Number Sponsor Date
Short Title
Major Actions
Key Provisions
H.R. 3852
Hastings
January 31,
NA
Referred to the
Amends the tax code (26 U.S.C. §162) to prohibit deductions for monies used to pay
(FL)
2012
House Committee
oil spil response costs or damage claims.
on Ways and Means
Source: Prepared by CRS.
Note: The bills included in this table do not represent an exhaustive list but include 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 Spill, 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.
g. For more information, see CRS Report R41536, Keeping America’s Pipelines Safe and Secure: Key Issues for Congress, by Paul W. Parfomak.
CRS-17


Table 3. Oil Spill Legislation in the 112th Congress—Senate Proposals
Bills marked with an asterisk indicate committee or chamber action
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
Amends Shipowner’s Liability Act of 1851 by adding claims related to injury or
2011
Survivors’ Fairness
Senate Committee on
wrongful death arising from Deepwater Horizon incident to the list of claims that
Act
Commerce, Science,
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
Directs NOAA to conduct research to improve oil spill prevention, response,
2011
Energy
Senate Committee on
and recovery in Arctic waters.
Development Act
Commerce, Science,
of 2011
and Transportation
Directs the Coast Guard to assess U.S. capability to respond to maritime
disasters in the Arctic region and take actions to improve capabilities.
Amends OPA 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 under NEPA. Authorizes EPA, with NOAA and DOI 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
Increases the OSLTF per-barrel tax financing rate from 8 to 11 cents for
2011
Spill Research and
Senate Committee on
domestic crude and from 8 to 15 cents for imported crude oil. Repeals the
Prevention Act
Finance
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-18


Bill
Introduced
Number Sponsor
Date
Short Title
Major Actions
Key Provisions
S. 214
Menendez
January 27,
Big Oil Bailout
Referred to the
Amends OPA retroactively to eliminate the liability limit for offshore facilities.
2011
Prevention
Senate Committee on
Unlimited Liability
Environment and
Act of 2011
Public Works
S. 215
Menendez
January 27,
Big Oil Bailout
Referred to the
Amends the tax code (26 U.S.C. §9509) to eliminate the $1 billion per-incident
2011
Prevention Trust
Senate Committee on
cap on the OSLTF; allows for advances from the General Treasury to the
Fund Act of 2011
Finance
OSLTF.
S. 338
Feinstein
February 14,
Deepwater Drilling
Referred to the
Repeals royalty relief provisions of the Energy Policy Act of 2005 for deepwater
2011
Royalty Relief
Senate Committee on
production in the Gulf of Mexico; amends OCSLA to remove authority for DOI
Prohibition Act
Energy and Natural
Secretary to modify royalty payments for leases in water depths of more than
Resources
400 meters.
S. 405
Nelson (FL)
February 17,
Gulf Stream
Referred to the
Amends OCSLA to prohibit DOI Secretary from granting an OCS oil/gas lease
2011
Protection Act of
Senate Committee on
to a party conducting oil/gas operations in Cuban waters, unless the party has a
2011
Energy and Natural
Cuban oil spill response plan and can demonstrate financial responsibility to
Resources
address an oil spill in Cuban waters that would affect 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.
S. 594
Whitehouse
March 16,
Oil Spill Victims
Referred to the
Amends state court jurisdiction provisions in OPA; amends state authority
2011
Redress Act
Senate Committee on
regarding additional oil spill liability. Changes effective for any claim that is
Environment and
pending on, or filed on or after, the date of enactment.
Public Works
S. 661
Lautenberg
March 29,
Safe Dispersants
Referred to the
Amends CWA to establish conditions in which a dispersant may be used: the
2011
Act
Senate Committee on
harm from use of the dispersant must be less than the harm of other oil
Environment and
mitigation options. Directs EPA to establish regulations to require further
Public Works
information (e.g., effects on various organisms) about dispersants listed on the
Product Schedule. Instructs EPA to conduct dispersant study regarding impacts
and governance.
S. 662
Vitter
March 29,
Natural Resources
Referred to the
Directs EPA to create a panel, in consultation with the National Academy of
2011
Restoration Act of
Senate Committee on
Sciences and federal and state trustees, to prepare a preliminary report of
2011
Environment and
natural resource damages. Requires resource trustees to prepare a “special
Public Works
assessment” in amount equal to 30% of costs of restoring natural resources (or
a mutually agreed amount). Responsible parties must pay this amount, which
will be used to for restoration projects.
CRS-19


Bill
Introduced
Number Sponsor
Date
Short Title
Major Actions
Key Provisions
S. 861
Landrieu
April 14, 2011
Resources and
Referred to the
Establishes a Gulf Coast Restoration Fund, financed by 80% of any Deepwater
Ecosystems
Senate Committee on
Horizon-related penalties, settlements, and fines under CWA §311. Directs the
Sustainability,
Environment and
Secretary of the Treasury to administer the fund. Fund money will be
Tourist
Public Works
distributed as follows:
Opportunities, and
Revived Economies
(1) 35% to the Gulf Coast States in equal shares to support eligible activities;
of the Gulf Coast
(2) 60% to the newly created Gulf Coast Ecosystem Restoration Council, which
States Act of 2011
distributes funds based on a Comprehensive Plan. Funding priorities (e.g.,
restoration, previous plans, large-scale) apply. Projects must qualify as one of
the specific eligible activities.
(3) 5% to support Gulf Coast Ecosystem Restoration Science, Monitoring, and
Technology Program.
S. 862
Nelson (FL)
April 14, 2011
Comprehensive
Referred to the
Creates a Gulf of Mexico Recovery Fund, financed by not less than 100% of any
Gulf of Mexico
Senate Committee on
Deepwater Horizon-related penalties, settlements, and fines under CWA §§309
Recovery,
Environment and
and 311. Establishes a Gulf of Mexico Recovery Council with the same
Restoration, and
Public Works
members as Gulf Coast Ecosystem Restoration Task Force (established by
Resiliency Act
Executive Order 13554). Council must develop a comprehensive recovery plan.
Funds distributed as follows:
(1) 45% of the funds for local government grants to support economic
development, ecosystem restoration, and public health rehabilitation;
(2) 50% of the funds for grants to other groups, including federal/state agencies
and academic institutions for same purposes;
(3) 5% of the funds available to administer a newly created Fishery Endowment.
Allocation to states based on formula considering proportion of Gulf coastline
and population on Gulf coastline. Creates a Citizens’ Advisory Committee that
will submit biennial reports to Congress regarding the extent of achievement of
safe oil and gas activities in the Gulf and related issues. Creates a Scientific
Advisory Committee to advise the Council regarding relevant scientific issues.
S. 870
Tester
May 3, 2011
Pollution
Referred to the
Amends CWA §311 civil penalty provisions by stating that the penalty amount
Accountability Act
Senate Committee on
shal be the higher of $25,000/day or $1,000/barrel of oil discharged. (Note that
of 2011
Environment and
these statutory amounts have been increased for inflation through EPA
Public Works
regulations.)
CRS-20


Bill
Introduced
Number Sponsor
Date
Short Title
Major Actions
Key Provisions
S. 917
Bingaman
May 9, 2011
Outer Continental
Referred to the
Among other provisions, amends OCSLA policy declaration (§1332) to require
Shelf Reform Act of
Senate Committee on
best available technology for operations in the OCS. Directs the DOI Secretary
2011
Energy and Natural
to create an Outer Continental Shelf Safety and Environmental Advisory Board
Resources.
to provide independent, peer-reviewed advice.
Disqualifies parties from bidding for OCS leases if, after prior public notice and
opportunity for a hearing, they are identified as a responsible party in an oil spill
and not in compliance with OPA compensation obligations.
Increases the review time from 30 to 90 days for exploration plans, allowing
additional review time in certain circumstances. Requires additional
response/containment information be submitted with exploration plans. Al ows
DOI to disapprove an exploration plan under certain conditions (namely risk of
environmental harm).
Requires lease holders seeking to operate in water depths of 500 feet or more
to submit and receive DOI approval for a deepwater operations plan.
Requires drilling permits to be reviewed by two agency engineers; requires
submission and approval of a safety and environmental management plan before
issuance of a drilling permit.
Amends principles of OCSLA leasing program to give equal consideration to
economic, social, and environmental values of the OCS.
Directs DOI to develop research to support OCS resource decisions. Calls for
research and development for OCS risk assessment, environmental protection,
and spill response.
Amends OCLSA provisions regarding best available technology by removing
considerations of increased costs.
Directs DOI to develop regulations requiring submission of a safety case with a
drilling permit.
Directs Coast Guard to expand its investigations to apply to loss of well
control and BOP activation (along with fires and major oil spills).
Allows DOI to request an incident investigation from the National
Transportation Safety Board; directs DOI to create public database of causes
and corrective actions for investigated incidents.
Creates fee program to fund inspections at offshore facilities.
Amends OCLSA to increase civil penalty amounts from $20,000/day to
$75,000/day. Increases criminal penalty amount from $100,000 to $10 million.
CRS-21


Bill
Introduced
Number Sponsor
Date
Short Title
Major Actions
Key Provisions
Requires lessees in the Gulf of Mexico to submit a development and production
plan. Lessees in other locations are currently required to submit this plan.
Directs the Energy Information Administration to report to Congress on the
economic effects of the moratoria on deepwater drilling established after the
2010 Gulf oil spill.
Modifies underlying objectives of research/development program created by
Energy Policy Act of 2005; expands scope to address deepwater rather than
“ultra-deepwater” activities. Alters award funding available per §999H of the act
to encourage safe operations and preventative technologies. Directs Secretary
of Energy to publish results of research efforts in Federal Register. Alters
advisory committee provisions of §999D of the act.
Creates within the legislative branch the National Commission on Outer
Continental Shelf Oil Spill Prevention to examine/report on the causes relating
to the 2010 Deepwater Horizon incident. Provides subpoena power to the
Commission.
Directs DOI and the Coast Guard to issue joint regulations regarding offshore
facility systems. Requires certification and classification by third parties.
S. 926
Menendez
May 9, 2011
Clean Ocean and
Referred to the
Amends the OCSLA to prohibit leasing in the Mid- or North Atlantic planning
Safe Tourism Anti-
Senate Committee on
areas.
Drilling Act
Energy and Natural
Resources
S. 953*
McConnel
May 11, 2011
Offshore
Considered in the
Among other provisions, amends OCSLA to require that exploration plans
Production and
Senate May 18, 2011,
include a third-party review describing the means and timeline for subsea
Safety Act of 2011
and ultimately
containment of a discharge specific to planned operation. Directs the Secretary
withdrawn
of Energy to report on methodologies and technological responses to oil spills
and mitigating the effects of oil spills. Directs GAO to report on existing federal
government capabilities and legal authorities to prevent and respond to an oil
spill.
S. 983
Nelson
May 12, 2011
NA
Referred to the
Amends the tax code (26 U.S.C. §162) to prohibit deductions for monies used
Senate Committee on
to pay oil spill response costs or damage claims.
Finance
S. 973
Whitehouse
May 12, 2011
National
Referred to the
Creates a National Endowment for the Oceans funded by interest earned by
Endowment for the
Senate Committee on
the OSLTF, when the fund balance exceeds $1.5 billion. In addition, 10% of
Oceans Act
Commerce, Science,
various civil penalties associated with OCS activity would fund the endowment.
and Transportation
CRS-22


Bill
Introduced
Number Sponsor
Date
Short Title
Major Actions
Key Provisions
S. 1140
Rockefel er
May 26, 2011
Gulf Coast
Referred to the
Creates a Gulf Coast Ecosystem Restoration task force, staffed by high-ranking
Restoration Act
Senate Committee on
federal agency officials, and appointees from four of the Gulf states and local
Commerce, Science,
governments. The President appoints the chair. State governors (Alabama,
and Transportation
Florida, Louisiana, and Mississippi) must 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 any Deepwater Horizon-related penalties, settlements, and fines under
CWA §§309 and 311. The task force chair is to distribute monies from the fund
to states in support of their restoration plans.
S. 1321
Lugar
June 30, 2011
Practical Energy
Referred to the
Among other provisions, directs DOI to report to Congress before issuing the
Plan Act of 2011
Senate Committee on
first 10 drilling permits in selected areas, describing oil spill preparedness,
Finance
containment, and response. Amends the OCSLA to require exploration plans
include a third-party review describing the means and timeline for subsea
containment of a discharge specific to planned operation.
S. 1400*
Landrieu
July 21, 2011
Resources and
Reported from the
Establishes a Gulf Coast Restoration Fund, financed by 80% of any Deepwater
Ecosystems
Senate Committee on
Horizon-related penalties, settlements, and fines under CWA §311. Directs the
Sustainability,
Environment and
Secretary of the Treasury to administer the fund and distribute as fol ows:
Tourist
Public Works (S.Rept.
Opportunities, and
112-100)
(1) 35% to the Gulf Coast States in equal shares to support eligible activities,
Revived Economies
some of which cover a broad range (e.g., “workforce development and job
(RESTORE) of the
creation.”)
Gulf Coast States
(2) 60% to a newly created Gulf Coast Ecosystem Restoration Council, which
Act of 2011
distributes funds based on a Comprehensive Plan. Funding priorities (e.g.,
restoration, previous plans, large-scale) apply. Projects must qualify as one of
the specific eligible activities. Annual distributions are subject to a formula that
allocates project funding to states based on (1) miles of oiled shoreline, (2)
oiled shoreline distance to the well head, and (3) coastal population. These
criteria are not weighted equally.
(3) 5% to support research efforts. Equal shares go to a newly created Gulf
Coast Ecosystem Restoration Science, Observation, Monitoring, and
Technology Program and a newly created Fisheries and Ecosystem Endowment.
(4) interest earned goes to support a newly created National Endowment for
Oceans and a newly created Gulf of Mexico Research Endowment.
CRS-23


Bill
Introduced
Number Sponsor
Date
Short Title
Major Actions
Key Provisions
S. 1502
Baucus
August 2,
Clean Rivers Act of
Referred to the
Among other provisions, requires oil spill response plans be made publicly
2011
2011
Senate Committee on
available. Directs the Pipeline and Hazardous Materials Safety Administration to
Commerce, Science,
craft regulations requiring consultation with local officials when developing
and Transportation
response plans. Calls for the NCP regulations to be revised to include more
local involvement.
S. 1836
Menendez
November 9,
Foreign Oil
Referred to the
Amends OPA to make the owner/operator of a foreign offshore unit (e.g., oil
2011
Pollution Act
Senate Committee on
well) liable under OPA. These units would not have a liability limit under OPA.
Environment and
The OSLTF per-incident expenditure cap (currently $1 billion) would not apply
Public Works
to spills from these units.
S. 1890
Begich
November 17,
Pirate Fishing Vessel Referred to the
Amends underlying code of the Oil Spill Liability Trust Fund (26 U.S.C. §9509)
2011
Disposal Act of
Senate Committee on
to allow the trust fund to finance activities concerning forfeited fishing vessels,
2011
Commerce, Science,
including sinking, scrapping, and recycling vessels.
and Transportation
Source: Prepared by CRS.
Note: The bills included in this table do not represent an exhaustive list but include bills that generally focus on oil spill policy matters that concern prevention,
preparedness, response, liability and compensation, and Gulf restoration.

CRS-24

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
25