S.Amdt. 4294
What it does: Inserts new text at the in S.Amdt. 4175
Sen. David Vitter (R-LA)What it changes
1 change to S.Amdt. 4175
Inserts new text at the in S.Amdt. 4175
InsertsInserted: (c) Liability for Deepwater Horizon Oil Spill.--
Inserted: (1) In general.--Congress finds that--
Inserted: (A) executives of British Petroleum Exploration & Production, Incorporated (referred to in this subsection as "BP") testified before Congress in May 2010 that BP would pay all legitimate claims relating to the Deepwater Horizon explosion and oil spill that exceed existing applicable economic liability limitations;
Inserted: (B) a letter from the Group Chief Executive of BP to the Secretaries of Homeland Security and the Interior dated May 16, 2010, evidences an offer of BP to modify the oil and gas leasing contract involved in the Deepwater Horizon incident to incorporate new terms of liability by stating that BP is "prepared to pay above $75 million" on "all legitimate claims" relating to that explosion and oil spill;
Inserted: (C) that offer is acceptable to Congress and to the Secretary of the Interior;
Inserted: (D) all documented legitimate claims pursuant to the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) for economic damages relating to the Deepwater Horizon explosion and oil spill should be paid by BP without limit on liability;
Inserted: (E) BP should provide to the Federal Government any claims relating to the Deepwater Horizon explosion and oil spill that BP fails to pay; and
Inserted: (F) if the Federal Government finds pursuant to the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) that such claims are legitimate under that Act, the claims should be returned to BP for immediate payment.
Inserted: (2) Directive to secretary of the interior.--
Inserted: (A) In general.--Notwithstanding any other provision of law, the Secretary of the Interior (referred to in this subsection as the "Secretary") shall--
Inserted: (i) accept the new terms of liability offered by BP in the letter described in paragraph (1)(B); and
Inserted: (ii) consider the oil and gas leasing contract involved in the Deepwater Horizon incident as being amended to reflect those new terms.
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Inserted: (B) Payment of claims.--
Inserted: (i) In general.--As an inherent condition of the amended lease described in subparagraph (A), BP shall present to the Secretary each claim relating to the Deepwater Horizon explosion and oil spill that BP fails to pay.
Inserted: (ii) Finding of legitimacy.--As a further inherent condition of the amended lease, if the Secretary finds a claim described in clause (i) to be legitimate for payment by BP, the claim shall be returned to BP for immediate payment.
Original wording
At the end of the amendment, add the following:
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As printed
SA 4294. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 4175 proposed by Mr. Lautenberg to the bill H.R. 4899, making emergency supplemental appropriations for disaster relief and summer jobs for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the amendment, add the following:
(c) Liability for Deepwater Horizon Oil Spill.--
(1) In general.--Congress finds that--
(A) executives of British Petroleum Exploration & Production, Incorporated (referred to in this subsection as “BP”) testified before Congress in May 2010 that BP would pay all legitimate claims relating to the Deepwater Horizon explosion and oil spill that exceed existing applicable economic liability limitations;
(B) a letter from the Group Chief Executive of BP to the Secretaries of Homeland Security and the Interior dated May 16, 2010, evidences an offer of BP to modify the oil and gas leasing contract involved in the Deepwater Horizon incident to incorporate new terms of liability by stating that BP is “prepared to pay above $75 million” on “all legitimate claims” relating to that explosion and oil spill;
(C) that offer is acceptable to Congress and to the Secretary of the Interior;
(D) all documented legitimate claims pursuant to the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) for economic damages relating to the Deepwater Horizon explosion and oil spill should be paid by BP without limit on liability;
(E) BP should provide to the Federal Government any claims relating to the Deepwater Horizon explosion and oil spill that BP fails to pay; and
(F) if the Federal Government finds pursuant to the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) that such claims are legitimate under that Act, the claims should be returned to BP for immediate payment.
(2) Directive to secretary of the interior.--
(A) In general.--Notwithstanding any other provision of law, the Secretary of the Interior (referred to in this subsection as the “Secretary”) shall--
(i) accept the new terms of liability offered by BP in the letter described in paragraph (1)(B); and
(ii) consider the oil and gas leasing contract involved in the Deepwater Horizon incident as being amended to reflect those new terms.
(B) Payment of claims.--
(i) In general.--As an inherent condition of the amended lease described in subparagraph (A), BP shall present to the Secretary each claim relating to the Deepwater Horizon explosion and oil spill that BP fails to pay.
(ii) Finding of legitimacy.--As a further inherent condition of the amended lease, if the Secretary finds a claim described in clause (i) to be legitimate for payment by BP, the claim shall be returned to BP for immediate payment.
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Senate amendment submitted
May 26, 2010