[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5676 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5676
To provide equitable means for ensuring that damages for injuries are
efficiently secured, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Deepwater Horizon explosion and its collapse in the
Gulf of Mexico resulted in the largest environmental disaster
in United States History;
(2) 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;
(3) in the 72 days since the explosion, over 80,000,000
gallons of crude oil has leaked into the Gulf;
(4) 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;
(5) 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;
(6) lax permitting standards on the part of Federal
agencies enabled such disaster; and
(7) the independent compensation apparatus set up by BP plc
has been inadequate.
SEC. 3. LIABILITY UNDER OIL POLLUTION ACT OF 1990.
(a) 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--
(1) in paragraph (1)(A) by striking ``$3,000'' and
inserting ``$6,000'';
(2) in paragraph (1)(B) by striking ``$1,900'' and
inserting ``$3,800'';
(3) in paragraph (1)(C)(i)(I) by striking ``$22,000,000''
and inserting ``$44,000,000'';
(4) in paragraph (1)(C)(i)(II) by striking ``$16,000,000''
and inserting ``$32,000,000'';
(5) in paragraph (1)(C)(ii)(I) by striking ``$6,000,000''
and inserting ``$12,000,000'';
(6) in paragraph (1)(C)(ii)(II) by striking ``$4,000,000''
and inserting ``$8,000,000'';
(7) in paragraph (2) by striking ``$800,000'' and inserting
``$1,600,000'';
(8) in paragraph (3) by striking ``$75,000,000'' and
inserting ``$300,000,000''; and
(9) in paragraph (4) by striking ``$75,000,000'' and
inserting ``$150,000,000''.
(b) 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:
``(e) Excess Liability.--
``(1) 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).
``(2) Payment from trust fund.--The President shall pay the
amount referred to in paragraph (1)--
``(A) first from the Trust Fund, except that the
amount paid under this subparagraph shall not exceed
$10,300,000,000 for any incident; and
``(B) after payment under subparagraph (A), from
amounts received by the United States as a levy under
paragraph (3).
``(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.''.
(c) This section will not be retroactive.
SEC. 4. AMENDMENTS RELATING TO OIL SPILL LIABILITY TRUST FUND.
(a) 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''.
(b) Increase in Per-Incident Cleanup Cap.--Subparagraph (A) of
section 9509(c)(2) of such Code is amended--
(1) by striking ``$1,000,000,000'' both places it appears
in the heading and text and inserting ``$10,000,000,000'', and
(2) in clause (ii) by striking ``$500,000,000'' and
inserting ``$5,000,000,000''.
(c) Increase in Tax.--Subparagraph (B) of section 4611(c)(2) of
such Code is amended--
(1) in clause (i) by striking ``8 cents'' and inserting
``30 cents'', and
(2) in clause (ii) by striking ``9 cents'' and inserting
``40 cents''.
(d) Repeal of Sunset of Oil Spill Liability Trust Fund Financing
Rate.--Section 4611(f) of such Code is amended--
(1) by striking paragraph (2), and
(2) by striking ``(1) In general.--Except'' and inserting
``Except''.
(e) 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''.
(f) 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.
SEC. 5. AMENDMENT TO JONES ACT.
(a) In General.--Section 30104 of title 46, United States Code, is
amended--
(1) in the section heading, by striking ``seamen''
inserting ``covered maritime employees'';
(2) by striking ``seaman'' each place it appears and
inserting ``covered maritime employee'';
(3) by striking ``personal representative of'' and
inserting ``spouse, parent, child, sibling, or dependent
relative of'';
(4) by inserting ``or any person whose act or omission was
a cause of the injury or death'' after ``the employer'';
(5) by inserting ``(a) In General'' before the first
sentence; and
(6) by adding at the end of the section the following:
``(b) Covered Maritime Employee Defined.--In this section the term
`covered maritime employee' means--
``(1) a seaman; or
``(2) 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.''.
(b) 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.''.
SEC. 6. 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--
(1) by striking ``personal representative'' each place it
appears and inserting ``spouse, parent, child, sibling, or
dependent relative'';
(2) in section 30303--
(A) by inserting ``and nonpecuniary loss'' after
``pecuniary loss'';
(B) 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
(C) by adding at the end the following: ``In this
section, the term `nonpecuniary loss' means loss of
care, comfort, and companionship.''; and
(3) in section 30306, by inserting ``(a)'' before the first
sentence, and by adding at the end of the section the
following:
``(b) Restriction on Recovery by Noncitizen and Nonresident Alien
Workers for Incidents Arising During International Voyages of Foreign
Vessels.--
``(1) 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--
``(A) 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
``(B) 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.
``(2) Nonapplication.--Paragraph (1) does not apply if the
individual bringing the action establishes that a remedy is not
available under the laws of--
``(A) the country in which the vessel is
registered; or
``(B) the country in which the individual suffering
the injury or death maintained citizenship or residency
at the time of the incident.''.
SEC. 7. REQUIREMENT FOR REDUNDANCY IN RESPONSE PLANS.
(a) 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:
``(v) include redundancies that specify
response actions that will be taken if other
response actions specified in the plan fail;
``(vi) be vetted by impartial experts;''.
(b) 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:
``SEC. 32. 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.''.
SEC. 8. 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''.
SEC. 9. 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:
``(g) Processing of Claims by Responsible Parties.--In processing
claims under this section for loss of income, a responsible party
shall--
``(1) consider claims for loss of income according to
categories of business of the claimants;
``(2) make determinations based on the unique practices
within each category; and
``(3) treat fisherman as a separate category.''.
SEC. 10. CLASS ACTION FAIRNESS ACT.
Title 28, United States Code, is amended--
(1) 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
(2) 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.
SEC. 11. MULTI-PARTY LITIGATION.
Section 1407 of title 28, United States Code, is amended by adding
at the end the following:
``(i) This section does not apply to any action--
``(1) under chapter 301 of title 46, United States Code
(commonly called the Jones Act);
``(2) under the Death on the High Seas Act (chapter 303 of
title 46, United States Code); or
``(3) brought by a State or a subdivision of a State on
behalf of its citizens.''.
SEC. 12. 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.
SEC. 13. 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.
SEC. 14. 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.
SEC. 15. 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.
SEC. 16. 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.
SEC. 17. 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.
SEC. 18. EFFECTIVE DATE.
This Act shall take effect April 15, 2010.
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