I
111th CONGRESS
2d Session
H. R. 5676
IN THE HOUSE OF REPRESENTATIVES
July 1, 2010
Ms. Jackson Lee of Texas introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Natural Resources, the Judiciary, Energy and Commerce, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide equitable means for ensuring that damages for injuries are efficiently secured, and for other purposes.
Short title
This Act may be cited as the
Omnibus Right to Equitable Means of
Ensuring Damages for Injuries are Efficiently Secured Act of
2010
, also known as the REMEDIES Act
.
Findings
Congress finds that—
the Deepwater Horizon explosion and its collapse in the Gulf of Mexico resulted in the largest environmental disaster in United States History;
the incident led to 11 deaths, 17 serious injuries, permanent damage and injury to wildlife and the environment, and greatly impaired the tourism, fishing, shrimping, oystering, and oil industries in Gulf Coast communities;
in the 72 days since the explosion, over 80,000,000 gallons of crude oil has leaked into the Gulf;
the full extent of the material, economic, and environmental damage caused by the Gulf Coast oil spill incident is expected to total in the tens of billions of dollars;
under current law, many of the victims may not be able to receive full and complete compensation for the loss of their loved ones, their livelihoods, or the damage to our natural resources;
lax permitting standards on the part of Federal agencies enabled such disaster; and
the independent compensation apparatus set up by BP plc has been inadequate.
Liability under Oil Pollution Act of 1990
Increase in liability limitations under Oil Pollution Act of 1990
Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended—
in paragraph
(1)(A) by striking $3,000
and inserting
$6,000
;
in paragraph
(1)(B) by striking $1,900
and inserting
$3,800
;
in paragraph
(1)(C)(i)(I) by striking $22,000,000
and inserting
$44,000,000
;
in paragraph
(1)(C)(i)(II) by striking $16,000,000
and inserting
$32,000,000
;
in paragraph
(1)(C)(ii)(I) by striking $6,000,000
and inserting
$12,000,000
;
in paragraph
(1)(C)(ii)(II) by striking $4,000,000
and inserting
$8,000,000
;
in paragraph (2)
by striking $800,000
and inserting
$1,600,000
;
in paragraph (3)
by striking $75,000,000
and inserting
$300,000,000
; and
in paragraph (4)
by striking $75,000,000
and inserting
$150,000,000
.
Tiered liability
Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704) is amended by adding at the end the following:
Excess Liability
In general
The President shall pay to any person to whom a responsible party is liable under this Act the amount of any such liability that is not recoverable from the responsible party because of the application of the limitations under subsection (a).
Payment from Trust Fund
The President shall pay the amount referred to in paragraph (1)—
first from the Trust Fund, except that the amount paid under this subparagraph shall not exceed $10,300,000,000 for any incident; and
after payment under subparagraph (A), from amounts received by the United States as a levy under paragraph (3).
Imposition of levy
The President may establish, assess, and collect from persons in the oil industry a levy to recover the amount of liability to be paid under paragraph (2)(B) for an incident.
.
This section will not be retroactive.
Amendments relating to Oil Spill Liability Trust Fund
Increase in size of the Oil Spill Liability Trust Fund
Paragraph (1) of section 4611(f) of the
Internal Revenue Code of 1986 is amended by striking
$2,000,000,000
and inserting
$10,000,000,000
.
Increase in per-Incident cleanup cap
Subparagraph (A) of section 9509(c)(2) of such Code is amended—
by striking
$1,000,000,000
both places it appears in the heading and text
and inserting $10,000,000,000
, and
in clause (ii) by
striking $500,000,000
and inserting
$5,000,000,000
.
Increase in tax
Subparagraph (B) of section 4611(c)(2) of such Code is amended—
in clause (i) by
striking 8 cents
and inserting 30 cents
,
and
in clause (ii) by
striking 9 cents
and inserting 40 cents
.
Repeal of sunset of oil spill liability trust fund financing rate
Section 4611(f) of such Code is amended—
by striking paragraph (2), and
by striking
(1) In
general.—Except
and inserting
Except
.
Update expenditures from trust fund
Subsection (f) of section 9509 of
such Code is amended by striking the date of the enactment of this
subsection
and inserting the date of the enactment of the
Omnibus Right to Equitable Means of Ensuring
Damages for Injuries are Efficiently Secured Act of
2010
.
Effective date
The amendments made by this section shall take effect on the date of the enactment of this Act, and these amendments will not be retroactive.
Amendment to Jones Act
In general
Section 30104 of title 46, United States Code, is amended—
in the section
heading, by striking seamen
inserting covered maritime
employees
;
by striking
seaman
each place it appears and inserting covered
maritime employee
;
by striking
personal representative of
and inserting spouse, parent,
child, sibling, or dependent relative of
;
by inserting
or any person whose act or omission was a cause of the injury or
death
after the employer
;
by inserting
(a) In
general
before the first sentence; and
by adding at the end of the section the following:
Covered maritime employee defined
In this section the term covered maritime employee means—
a seaman; or
an individual employed on an offshore facility (as that term is defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) or a mobile offshore drilling unit.
.
Conforming amendment
The chapter analysis at the beginning of chapter 301 of title 46, United States Code, is amended by striking the item relating to such section and inserting the following:
30104. Personal injury or death of covered maritime employee.
.
Amendments to Death on the High Seas Act
The Death on the High Seas Act (chapter 303 of title 46, United States Code), is amended—
by striking
personal representative
each place it appears and inserting
spouse, parent, child, sibling, or dependent relative
;
in section 30303—
by inserting
and nonpecuniary loss
after pecuniary
loss
;
by striking by
and all that
follows through the end, and inserting , plus a fair compensation for
the decedent’s pain and suffering, and may include punitive damages if the
death resulted from gross negligence or willful misconduct of the
defendant.
; and
by adding at the
end the following: In this section, the term nonpecuniary
loss means loss of care, comfort, and companionship.
; and
in section 30306, by inserting “(a)” before the first sentence, and by adding at the end of the section the following:
Restriction on recovery by noncitizen and nonresident alien workers for incidents arising during international voyages of foreign vessels
In general
Except as provided in paragraph (2), a civil action for maintenance and cure for damages for personal injury or death may not be brought under a maritime law of the United States if—
the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action; and
the incident occurred during an international voyage of a vessel, duly registered under the laws of a foreign nation, upon which the individual suffering the injury or death was employed.
Nonapplication
Paragraph (1) does not apply if the individual bringing the action establishes that a remedy is not available under the laws of—
the country in which the vessel is registered; or
the country in which the individual suffering the injury or death maintained citizenship or residency at the time of the incident.
.
Requirement for redundancy in response plans
Requirement
Section 311(j)(5)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1331(j)(5)(D)) is amended by redesignating clauses (v) and (vi) as clauses (vii) and (viii), and by inserting after clause (iv) the following new clauses:
include redundancies that specify response actions that will be taken if other response actions specified in the plan fail;
be vetted by impartial experts;
.
Condition of permit
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following new section:
Response plan required for permit or license authorizing drilling for oil and gas
The Secretary may not issue any license or permit authorizing drilling for oil and gas on the outer Continental Shelf unless the applicant for the license or permit has a response plan approved under section 311(j)(5)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1331(j)(5)(D)) for the vessel or facility that will be used to conduct such drilling.
.
Suspension of drilling permit for excessive OSHA or other safety violations
Section 5(a)(1)(B) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1334(a)(1)(B)) is amended by inserting after
human environment
the following: , including in any case
in which 5 or more violations of the Occupational Safety and Health Act of 1970
(29 U.S.C. 651 et seq.), the regulations under that Act, or other safety laws
or regulations occur in operations under the lease or permit within a 1-year
period
.
Processing of claims by responsible parties
Section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by adding at the end the following new subsection:
Processing of claims by responsible parties
In processing claims under this section for loss of income, a responsible party shall—
consider claims for loss of income according to categories of business of the claimants;
make determinations based on the unique practices within each category; and
treat fisherman as a separate category.
.
Class Action Fairness Act
Title 28, United States Code, is amended—
in section 1711(2), by inserting ,
but does not include an action brought by a State or subdivision of a State on
behalf of its citizens
before the period; and
in section
1332(d)(1)(B), by inserting , but does not include an action brought by
a State or subdivision of a State on behalf of its citizens
before the
semicolon.
Multi-party litigation
Section 1407 of title 28, United States Code, is amended by adding at the end the following:
This section does not apply to any action—
under chapter 301 of title 46, United States Code (commonly called the Jones Act);
under the Death on the High Seas Act (chapter 303 of title 46, United States Code); or
brought by a State or a subdivision of a State on behalf of its citizens.
.
Independent claims system
The Secretary of Homeland Security shall have the authority to require any entity that is liable for damages under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) to establish an independent claims system for all claims under that Act and for any other claims against such entity in regard to the same incident that gave rise to that liability. Such system shall include a categorization of claimants according to the type of loss for which the claim is made and guidelines for the type of proof necessary based on the category involved.
Emergency oil spill coordination team
The President shall establish an emergency oil spill coordination team that includes the Commandant of the Coast Guard, the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Commerce, the Secretary of the Interior, and chief of the Army Corps of Engineers, to respond to oil spills in the United States. In addition, the President shall establish the chain of command for such team.
Research and development team
The President shall appoint a research and development team to review and recommend new technologies that prevent oil spills, especially deep water drilling oil spills. The oil industry shall establish a $1,000,000,000 research and development fund to develop the latest technologies related to oil spill recovery, remediation, and cleanup. The team shall be comprised of representatives of government, industry, research, and academia who have expertise in research and development activities regarding deep water oil drilling.
PTSD counseling
The Secretary of Homeland Security shall make extensive post-traumatic stress disorder counseling available to victims of significant oil spill disasters, including indirect victims suffering severe economic damages.
Panel of experts to assess and evaluate the long-term environmental impacts of the Gulf oil spill
The Administrator of the Environmental Protection Agency shall establish a panel of experts to assess and evaluate the long-term environmental impacts of the oil spill in the Gulf of Mexico resulting from the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon.
Establishment of a liability structure
The President shall issue regulations that establish limitations on liability under the Oil Pollution Act of 1990 that are substantially similar to the limitations established by section 170 of the Act of August 1, 1946 (ch. 724; 42 U.S.C. 2210), popularly known as the Price-Anderson Act. Such regulations shall apply with respect to such liability in lieu of any limitation on liability established by the Oil Pollution Act of 1990. This section shall not be retroactive.
Effective date
This Act shall take effect April 15, 2010.