2010 Ocean Leadership Gulf Oil Spill Legislative Tracker
Updated July 29, 2011
2011 OCEAN LEADERSHIP—LEGISLATIVE ACTIVITY IN RESPONSE TO THE GULF OIL SPILL
Bill # / Bill Title / Legislative Activity/StatusS 183 / Deepwater Horizon Survivors’ Fairness Act
· Amends federal maritime law formerly known as the Shipowners’ Liability Act of 1815 to exclude claims for personal injury or wrongful death from the Deepwater Horizon blowout
· Amends Death on the High Seas Act to allow civil action against responsible person or vessel in Deepwater Horizon Incident
· Amends the Jones Act to authorize recovery in civil action against the employer of a seaman who died in the Deepwater Horizon incident to include fair compensation for nonpecuniary loss and the descendant’s pain and suffering / Rockefeller (D-WV)
1/25/11: Introduced
1/25/11: Referred to Commerce, Science, and Transportation
6/8/11: Ordered to be reported with an amendment in the nature of a substitute favorably
S 204 / Resources for Oil Spill Research and Prevention Act
· Amends the Internal Revenue Code to: (1) increase the Oil Spill Liability Trust fund financing rate by 3 cents/barrel for domestic crude oil and 7 cents/barrel for other crude oil; and (2) repeal the termination date of such financing rate
· Amends the Oil Pollution Act of 1990 to allow the Oil Spill Liability Trust Fund to be used to (1) pay costs incurred by NOAA, Coast Guard, and other federal agencies to maintain research, prevention, and response capabilities with respect to discharges of oil; (2) payment of costs to carry out environmental assessment studies; and (3) grants to affected states, institutions of higher education, and other entities for research relating to oil discharges / Begich (D-AK)
1/26/11: Introduced
1/26/11: Referred to Finance
S 214 / Big Oil Bailout Prevention Unlimited Liability Act of 2011
· Related to measures H.R. 492, S. 215
· Amends the Oil Pollution Act of 1990 to make the party responsible for an offshore facility, except a deepwater port, from which oil is discharged into or upon navigable waters or adjoining shorelines liable for all discharge removal costs and damages for each incident (under current law such party is liable for the total of all removal costs plus $75 million) / Menendez (D-NJ)
1/27/11: Introduced
1/27/11: Referred to Environment and Public Works
S 215 / Big Oil Bailout Prevention Trust Fund Act of 2011
· Related to measures H.R. 492, S. 214
· Amends the Internal Revenue Code of 1986 to require oil polluters to pay the full cost of oil spills / Menendez (D-NJ)
1/27/11: Introduced
1/27/11: Referred to Finance
S 350 / Environmental Crimes Enforcement Act of 2011
· To require restitution for victims of criminal violations of the Federal Water Pollution Control Act, and for other purposes / Leahy (D-VT)
2/15/11: Introduced
2/15/11: Referred to Judiciary
5/19/11: Reported without amendment favorably by Judiciary Committee
5/19/11: Placed on Senate Legislative Calendar, Calendar No. 59
S 592 / Maritime Liability Fairness Act
· To amend title 46, United States Code, to remove the cap on punitive damages established by the Supreme Court in Exxon Shipping Company v. Baker / Whitehouse (D-RI)
3/16/11: Introduced
3/16/11: Referred to Commerce, Science and Transportation
S 594 / Oil Spill Victims Redress Act
· Related to HR 2386
· To amend the Oil Pollution Act of 1990 to facilitate the ability of persons affected by oil spills to seek judicial redress / Whitehouse (D-RI)
3/16/11: Introduced
3/16/11: Referred to Environment and Public Works
S 600 / Use It or Lose It Act of 2011
· To promote the diligent development of Federal oil and gas leases, and for other purposes
· Enacts an annual “Nonproducing Lease Fee” of $4 per acre on the acres which are leased but not being used for production / Menendez (D-NJ)
3/16/11: Introduced
3/16/11: Referred to Energy and Natural Resources
S 661 / Safe Dispersants Act
· Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the use of a dispersant in response to a discharge of oil or hazardous substances unless the dispersant has been listed by the Administrator of the Environmental Protection Agency (EPA) on the National Contingency Plan Product Schedule
· Authorizes the Administrator to list a dispersant on the Schedule if: (1) the dispersant meets such standards as shall be established by the Administrator governing maximum allowable toxicity and minimum acceptable effectiveness; and (2) the adverse effect from its use is less than that from allowing the discharged oil or hazardous substance to be dispersed by natural or physical means, to degrade by natural processes, to be removed by technologically feasible physical methods, or to undergo any combination of such processes / Lautenberg (D-NJ)
3/29/11: Introduced
3/29/11: Referred to Environment and Public Works
S 662 / Natural Resources Restoration Act of 2011
· Related to HR 1228
· To provide for payments to certain natural resource trustees to assist in restoring natural resources damaged as a result of the Deepwater Horizon oil spill, and for other purposes
o Establishes a panel of scientists arranged through the National Academies to conduct a preliminary evaluation of natural resource damages from the Deepwater Horizon Spill and produce a report
o Establishes guidelines for payment for natural resource injury and restoration / Vitter (R-LA)
3/29/11: Introduced
3/29/11: Referred to Environment and Public Works
6/28/11: Hearings held (Water and Wildlife Subcommittee)
S 706 / 3-D, Domestic Jobs, Domestic Energy, and Deficit Reduction Act of 2011
· Related to HR 1287
· To stimulate the economy, produce domestic energy, and create jobs at no cost to the taxpayers, and without borrowing money from foreign governments for which our children and grandchildren will be responsible, and for other purposes
· Sets up provisions for Outer Continental Shelf leasing, Coastal Plain leasing, and regulatory streamlining / Vitter (R-LA)
3/31/11: Introduced
3/31/11: Placed on Senate Legislative Calendar under Read the First Time
4/4/11: Placed on Senate Legislative Calendar under General Orders, Calendar No. 23
S 861 / Restore the Gulf Coast Act of 2011
· To restore the natural resources, ecosystems, fisheries, marine habitats, and coastal wetland of Gulf Coast States, to create jobs and revive the economic health of communities adversely affected by the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, and for other purposes
· Establishes a Gulf Coast Restoration Trust Fund using 80% of all administrative, civil and criminal penalties paid by parties in connection with Deepwater Horizon incident under the Federal Water Pollution Control Act / Landrieu (D-LA)
4/14/11: Introduced
4/14/11: Referred to Environment and Public Works
6/28/11: Hearings held (Water and Wildlife Subcommittee)
S 862 / Comprehensive Gulf of Mexico Recovery, Restoration and Resiliency Act
· To provide for a comprehensive Gulf of Mexico restoration plan, and for other purposes
· Forms a Gulf of Mexico Recovery council to dispense grants relating to environmental restoration and remediation, academic and applied research regarding the economy, environment and public health, seafood marketing, tourism and tourism marketing, coastal land acquisition, ecosystem resource planning, renewable and clean energy production and development, workforce development, environmental education, ecosystem monitoring and ecosystem recovery and resiliency
· Establishes a Gulf of Mexico Observation System
· Establishes a Gulf of Mexico Recovery Fund with 100% of penalties collected as penalties, settlements, or fines under the Federal Water Pollution Control Act in relation to the Gulf oil spill / Nelson (D-FL)
4/14/11: Introduced
4/14/11: Referred to Environment and Public Works
S 870 / Pollution Accountability Act of 2011
· Amends the Federal Water Pollution Control Act to modify oil and hazardous substance liability / Tester (D-MT)
5/3/11: Introduced
5/3/11: Referred to Environment and Public Works
S 916 / Oil and Gas Facilitation Act of 2011
· To facilitate appropriate oil and gas development on Federal land and waters, to limit the dependence of the United States on foreign sources of oil and gas, and for other purposes
· Establishes and Alaska Outer Continental Shelf Permit Processing Coordination Office
· Facilitates an Alaska Natural Gas Pipeline / Bingaman (D-NM)
5/9/11: Introduced
5/9/11: Referred to Energy and Natural Resources
5/17/11: Committee hearings held
7/21/11: Ordered to be reported with amendments favorably
S 917 / Outer Continental Shelf Reform Act of 2011
· To amend the Outer Continental Shelf Lands Act to reform the management of energy and mineral resources on the Outer Continental Shelf, and for other purposes
· Provide for independent development and enforcement of safety and environmental laws governing energy development and mineral extraction activities on the outer Continental Shelf and related offshore activities
· To ensure a fair return to the taxpayer from, and independent management of, royalty and revenue collection and disbursement activities from mineral and energy resources / Bingaman (D-NM)
5/9/11: Introduced
5/9/11: Referred to Energy and Natural Resources
5/17/11: Committee hearings held
S 926 / Clean Ocean and Safe Tourism Anti-Drilling Act
· A bill to amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf in the Mid-Atlantic and North Atlantic planning areas / Menendez (D-NJ)
5/9/11: Introduced
5/9/11: Referred to Energy and Natural Resources
S 953 / Offshore Production and Safety Act of 2011
· Related to HR 1229
· Requires exploration plan submitted to the Sec. of the Interior to incorporate a third-party reviewed response plan for oil discharge
· Sec. must certify the technological feasibility of methods proposed to be used under the response plan
· Requires Dept. of Energy to study improving oil spill response and mitigation techniques
· Instructs Sec. to conduct certain oil and gas lease sales within specified deadlines, and asserts that such lease sales are considered to satisfy the requirements of the National Environmental Policy Act of 1969
· Require Sec. to make a decision on a permit application within 30 days of receiving it
· Permits can only be issued if proposed drilling operations meet all critical safety system requirements (including blowout prevention) as well as oil spill response and containment requirements
· Mandates a one-year extension of certain oil and gas leases for the Gulf of Mexico Outer Continental Shelf Region
· Outlines protocols for civil action s / McConnell (R-KY)
5/11/11: Introduced
5/11/11: Placed on Senate Legislative Calendar under General Orders
5/18/11: Voted on, rejected by Senate by Yea-Nay vote of 42-57. 60 votes were needed to proceed with measure.
S 983 / A bill to amend the Internal Revenue Code of 1986 to disallow a deduction for amounts paid or incurred by a responsible party relating to a discharge of oil / Nelson (D-FL)
5/12/11: Introduced
5/12/11: Referred to Finance
S 1140 / Gulf Coast Restoration Act
· Related to HR. 56, HR 1870
· To provide for restoration of the coastal areas of the Gulf of Mexico affected by the Deepwater Horizon oil spill
· By establishing a Gulf Coast Restoration Fund, plan, and task force / Rockefeller (D-WV)
5/26/11: Introduced
5/26/11: Referred to Commerce, Science, and Transportation
S 1400 / Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011
· A bill to restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of Gulf Coast States, to create jobs and revive the economic health of communities adversely effected by the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon
· Creates Gulf Coast Restoration Trust Fund and Council
· To direct 80% of Clean Water Act Fines, 35% of which will go to Gulf States for restoration, 60% to the Council to oversee restoration plans, and 5% to Fisheries Endowment program / Landrieu (D-LA)
7/21/11: Introduced
7/21/11: Referred to Environment and Public Works
S. Res. 77 / A resolution expressing the sense of the Senate that domestic oil and gas resources are critical to our nation’s security and economy and the secretary of the Interior should take immediate action to streamline the shallow and deepwater permitting process
· Related to H. Res. 140 / Hutchison (R-TX)
2/28/11: Introduced
2/28/11: Referred to Energy and Natural Resources
HR 52 / Oil Pollution Environmental Review Act (OPERA)
· Amends the Outer Continental Shelf Lands Act to require the head of any federal agency to treat the issuance of any exploration plans, development plans, development operations coordination documents and lease sales required under federal law for offshore drilling activity on the outer Continental Shelf as a major federal action significantly affecting the quality of the human environment for the purposes of the National Environmental Policy Act of 1969 and requiring detailed environmental analysis of proposed actions and reasonably foreseeable subsequent actions
· Repeals a provision requiring the Sec. of the Interior to approve a plan for geological and geophysical exploration on the outer Continental Shelf within 30 days of submission / Connolly (D-VA)
1/5/11: Introduced
1/5/11: Referred to Natural Resources
1/26/11:Referred to Energy and Mineral Resources Subcommittee
HR 53 / A bill to amend the Internal Revenue Code of 1986 to deny a deduction for removal costs and damages for which taxpayers are liable under the Oil Pollution Act of 1990 / Connolly (D-VA)
1/5/11: Introduced
1/5/11: Referred to Ways and Means
HR 54 / Stand by your Oil Pollution (STOP) Act
· Amends the Oil Pollution Act of 1990 to: (1) extend liability to any corporation, partnership, or other person (other than an individual) having an ownership interest exceeding 25% in any responsible party; and (2) limit such an entity’s liability with respect to an incident to no more than the percentage of the entity’s aggregate ownership interests in all other responsible parties with respect to such incident / Connolly (D-VA)
1/5/11: Introduced
1/5/11: Referred to Transportation and Infrastructure
1/6/11: Referred to Coast Guard and Maritime Transportation Subcommittee
HR 56 / Gulf Coast Restoration Act
· Related to measure H.R. 1870, S 1140
· Establishes Gulf Coast Ecosystem Restoration Task Force to provide recommendations of state Restoration Plans, coordinate research efforts of the ecosystem, and submit an annual report to Congress