S 3410 PCSCommentsClose CommentsPermalink

To create a fair and efficient system to resolve claims of victims for economic injury caused by the Deepwater Horizon incident, and to direct the Secretary of the Interior to renegotiate the terms of the lease known as ‘Mississippi Canyon 252’ with respect to claims relating to the Deepwater Horizon explosion and oil spill that exceed existing applicable economic liability limitations.CommentsClose CommentsPermalink

May 25, 2010CommentsClose CommentsPermalink

Mr. VITTER (for himself, Ms. MURKOWSKI, Mr. LEMIEUX, and Mr. ISAKSON) introduced the following bill; which was read the first timeCommentsClose CommentsPermalink

May 26, 2010CommentsClose CommentsPermalink

Read the second time and placed on the calendarCommentsClose CommentsPermalink

To create a fair and efficient system to resolve claims of victims for economic injury caused by the Deepwater Horizon incident, and to direct the Secretary of the Interior to renegotiate the terms of the lease known as ‘Mississippi Canyon 252’ with respect to claims relating to the Deepwater Horizon explosion and oil spill that exceed existing applicable economic liability limitations.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Acceptance of Liability and Expedited Claims at Mississippi Canyon 252 Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--DEEPWATER HORIZON CLAIMS RESOLUTION

Sec. 101. Findings and purpose.CommentsClose CommentsPermalink





Sec. 102. Definitions.CommentsClose CommentsPermalink

Subtitle A--Office of Deepwater Horizon Claims Compensation

Sec. 111. Establishment of Office of Deepwater Horizon Claims Compensation.CommentsClose CommentsPermalink





Sec. 112. Claimant assistance.CommentsClose CommentsPermalink





Sec. 113. Compensation program startup.CommentsClose CommentsPermalink





Sec. 114. Authority of Administrator.CommentsClose CommentsPermalink





Sec. 115. Advisory Committee on Deepwater Horizon Compensation.CommentsClose CommentsPermalink

Subtitle B--Deepwater Horizon Compensation Procedures

Sec. 121. Essential elements of eligible claim.CommentsClose CommentsPermalink





Sec. 122. General rule concerning no-fault compensation.CommentsClose CommentsPermalink





Sec. 123. Filing of claims.CommentsClose CommentsPermalink





Sec. 124. Eligibility determinations and claim awards.CommentsClose CommentsPermalink

Subtitle C--Awards

Sec. 131. Amount.CommentsClose CommentsPermalink





Sec. 132. Payment.CommentsClose CommentsPermalink





Sec. 133. Setoffs for collateral source compensation and prior awards.CommentsClose CommentsPermalink





Sec. 134. Subrogation.CommentsClose CommentsPermalink

Subtitle D--Judicial Review

Sec. 141. Judicial review of rules and regulations.CommentsClose CommentsPermalink





Sec. 142. Judicial review of award decisions.CommentsClose CommentsPermalink





Sec. 143. Other judicial challenges.CommentsClose CommentsPermalink

Subtitle E--Effect on Other Laws

Sec. 151. Effect on other laws.CommentsClose CommentsPermalink

TITLE II--LIABILITY

Sec. 201. Liability for Deepwater Horizon oil spill.CommentsClose CommentsPermalink

TITLE I--DEEPWATER HORIZON CLAIMS RESOLUTIONCommentsClose CommentsPermalink

SEC. 101. FINDINGS AND PURPOSE.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) the oil spill resulting from the Deepwater Horizon incident has caused major economic damage to the residents of the States bordering the Gulf of Mexico;CommentsClose CommentsPermalink





(2) the limits on strict liability imposed by the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) will be exceeded by the claims resulting from the Deepwater Horizon incident; andCommentsClose CommentsPermalink





(3) while the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) places no restrictions on liability for damages from the accident under State law, litigation of such cases may take decades, and consume in litigation expenses funds that could otherwise be used to quickly and efficiently compensate the citizens of the Gulf States for damages resulting from the Deepwater Horizon incident.CommentsClose CommentsPermalink





(b) Purpose- The purpose of this title is to create a fair and efficient system for the payment of legitimate present and future claims for damages resulting from the Deepwater Horizon incident.CommentsClose CommentsPermalink

SEC. 102. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Office.CommentsClose CommentsPermalink





(2) ADVISORY COMMITTEE- The term ‘Advisory Committee’ means the Advisory Committee on Deepwater Horizon Compensation established under section 115(a).CommentsClose CommentsPermalink





(3) CLAIM- The term ‘claim’ means any claim, based on any theory, allegation, or cause of action, for damages presented in a civil action or bankruptcy proceeding, directly, indirectly, or derivatively arising out of, based on, or related to, in whole or in part, the effects of the Deepwater Horizon incident.CommentsClose CommentsPermalink





(4) CLAIMANT- The term ‘claimant’ means a person or State who files a claim under section 123.CommentsClose CommentsPermalink





(5) CIVIL ACTION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘civil action’ means a civil action filed in Federal or State court, whether cognizable as a case at law, in equity, or in admiralty.CommentsClose CommentsPermalink





(B) EXCLUSION- The term ‘civil action’ does not include an action relating to any workers’ compensation law.CommentsClose CommentsPermalink





(6) COLLATERAL SOURCE COMPENSATION- The term ‘collateral source compensation’ means the compensation that a claimant received, or is entitled to receive, from a responsible party as a result of a final judgment, settlement, or other payment for damages that are the source of a claim under section 123, including payments made under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.).CommentsClose CommentsPermalink





(7) COMPENSATION PROGRAM- The term ‘compensation program’ means the compensation program established under this title.CommentsClose CommentsPermalink





(8) DAMAGES- The term ‘damages’ means damages specified in section 131(b), including the cost of assessing those damages.CommentsClose CommentsPermalink





(9) DEEPWATER HORIZON INCIDENT- The term ‘Deepwater Horizon incident’ means the blowout and explosion of the Deepwater Horizon oil rig that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment.CommentsClose CommentsPermalink





(10) DEPARTMENT- The term ‘Department’ means the Department of the Interior.CommentsClose CommentsPermalink





(11) FUND- The term ‘Fund’ means the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(12) LAW- The term ‘law’ includes all law, judicial or administrative decisions, rules, regulations, or any other principle or action having the effect of law.CommentsClose CommentsPermalink





(13) OFFICE- The term ‘Office’ means the Office of Deepwater Horizon Claims Compensation established under section 111.CommentsClose CommentsPermalink





(14) PARTIES- The term ‘parties’ means, with respect to an individual claim, the claimant and the responsible party.CommentsClose CommentsPermalink





(15) PERSON-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘person’ means an individual, trust, firm, joint stock company, partnership, association, insurance company, reinsurance company, or corporation.CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘person’ does not include--CommentsClose CommentsPermalink





(i) the United States;CommentsClose CommentsPermalink





(ii) a State; orCommentsClose CommentsPermalink





(iii) a political subdivision of a State.CommentsClose CommentsPermalink





(16) RESPONSIBLE PARTY- The term ‘responsible party’ means a responsible party (as defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) for the Deepwater Horizon incident.CommentsClose CommentsPermalink





(17) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(18) STATE- The term ‘State’ meansCommentsClose CommentsPermalink





(A) each of the several States of the United States;CommentsClose CommentsPermalink





(B) the District of Columbia;CommentsClose CommentsPermalink





(C) the Commonwealth of Puerto Rico;CommentsClose CommentsPermalink





(D) Guam;CommentsClose CommentsPermalink





(E) American Samoa;CommentsClose CommentsPermalink





(F) the Commonwealth of the Northern Mariana Islands;CommentsClose CommentsPermalink





(G) the Federated States of Micronesia;CommentsClose CommentsPermalink





(H) the Republic of the Marshall Islands;CommentsClose CommentsPermalink





(I) the Republic of Palau; andCommentsClose CommentsPermalink





(J) the United States Virgin Islands..CommentsClose CommentsPermalink





(19) SUCCESSOR IN INTEREST- The term ‘successor in interest’ means any person that acquires assets, and substantially continues the business operations, of a responsible party, considering factors that include--CommentsClose CommentsPermalink





(A) retention of the same facilities or location;CommentsClose CommentsPermalink





(B) retention of the same employees;CommentsClose CommentsPermalink





(C) maintaining the same job under the same working conditions;CommentsClose CommentsPermalink





(D) retention of the same supervisory personnel;CommentsClose CommentsPermalink





(E) continuity of assets;CommentsClose CommentsPermalink





(F) production of the same product or offer of the same service;CommentsClose CommentsPermalink





(G) retention of the same name;CommentsClose CommentsPermalink





(H) maintenance of the same customer base;CommentsClose CommentsPermalink





(I) identity of stocks, stockholders, and directors between the asset seller and the purchaser; orCommentsClose CommentsPermalink





(J) whether the successor holds itself out as continuation of previous enterprise, but expressly does not include whether the person actually knew of the liability of the responsible party under this title.CommentsClose CommentsPermalink

Subtitle A--Office of Deepwater Horizon Claims CompensationCommentsClose CommentsPermalink

SEC. 111. ESTABLISHMENT OF OFFICE OF DEEPWATER HORIZON CLAIMS COMPENSATION.

(a) In General-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established within the Department the Office of Deepwater Horizon Claims Compensation, which shall be headed by the Administrator.CommentsClose CommentsPermalink





(2) PURPOSE- The purpose of the Office shall be to provide timely, fair compensation, under the terms specified in this title, on a no-fault basis and in a nonadversarial manner, to persons and State or local governments that have incurred damages as a result of the Deepwater Horizon incident.CommentsClose CommentsPermalink





(3) TERMINATION OF THE OFFICE- The Office shall terminate effective not later than 1 year following the date of certification by the Administrator that the Fund has neither paid a claim in the previous 1-year period nor has debt obligations remaining to pay.CommentsClose CommentsPermalink





(4) EXPENSES- The Fund shall be available to the Secretary for expenditure, without further appropriation and without fiscal year limitation, as necessary for any and all expenses associated with the Office, including--CommentsClose CommentsPermalink





(A) personnel salaries and expenses, including retirement and similar benefits; andCommentsClose CommentsPermalink





(B) all administrative and legal expenses.CommentsClose CommentsPermalink





(b) Appointment of Administrator-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator of the Office shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





(2) TERM- The term of the Administrator shall be 5 years.CommentsClose CommentsPermalink





(3) REPORTING- The Administrator shall report directly to the Assistant Secretary for Policy, Management, and Budget of the Department.CommentsClose CommentsPermalink





(c) Duties of Administrator-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator shall be responsible for--CommentsClose CommentsPermalink





(A) processing claims for compensation for damages to eligible claimants in accordance with the criteria and procedures established under subtitle B;CommentsClose CommentsPermalink





(B) appointing or contracting for the services of such personnel, making such expenditures, and taking any other actions as may be necessary to carry out the responsibilities of the Office, including entering into cooperative agreements with other Federal or State agencies and entering into contracts with nongovernmental entities;CommentsClose CommentsPermalink





(C) conducting such audits and additional oversight as necessary to assure the integrity of the compensation program;CommentsClose CommentsPermalink





(D) promulgating such rules, regulations, and procedures as may be necessary to carry out this title;CommentsClose CommentsPermalink





(E) making such expenditures as may be necessary in carrying out this title;CommentsClose CommentsPermalink





(F) excluding evidence and disqualifying or debarring any attorney or other individual or entity who provide evidence in support of the application of the claimant for compensation if the Administrator determines that materially false, fraudulent, or fictitious statements or practices have been submitted or engaged in by the individual or entity; andCommentsClose CommentsPermalink





(G) having all other powers incidental, necessary, or appropriate to carrying out the functions of the Office.CommentsClose CommentsPermalink





(2) CERTAIN ENFORCEMENT-CommentsClose CommentsPermalink





(A) FALSE STATEMENTS- For each infraction described in paragraph (1)(F), the Administrator may impose a civil penalty not to exceed $10,000 on any individual or entity found to have submitted or engaged in a materially false, fraudulent, or fictitious statement or practice under this title.CommentsClose CommentsPermalink





(B) OTHER POWERS- The Administrator shall issue appropriate regulations to carry out paragraph (1)(G).CommentsClose CommentsPermalink





(d) Audit and Personnel Review Procedures- The Administrator shall establish audit and personnel review procedures for evaluating the accuracy of eligibility recommendations of agency and contract personnel.CommentsClose CommentsPermalink

SEC. 112. CLAIMANT ASSISTANCE.

(a) Establishment- Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a comprehensive claimant assistance program--CommentsClose CommentsPermalink





(1) to publicize and provide information to potential claimants about--CommentsClose CommentsPermalink





(A) the availability of benefits for eligible claimants under this title; andCommentsClose CommentsPermalink





(B) the procedures for filing claims and for obtaining assistance in filing claims;CommentsClose CommentsPermalink





(2) to provide assistance to potential claimants in preparing and submitting claims, including assistance in obtaining the documentation necessary to support a claim;CommentsClose CommentsPermalink





(3) to respond to inquiries from claimants and potential claimants;CommentsClose CommentsPermalink





(4) to provide training with respect to the applicable procedures for the preparation and filing of claims to persons who provide assistance or representation to claimants, including nonprofit organizations and State and local government entities; andCommentsClose CommentsPermalink





(5) to provide for the establishment of a website on which claimants may access all relevant forms and information.CommentsClose CommentsPermalink





(b) Resource Centers-CommentsClose CommentsPermalink





(1) IN GENERAL- The claimant assistance program shall provide for the establishment of resource centers in areas in which there are determined to be large concentrations of potential claimants.CommentsClose CommentsPermalink





(2) LOCATION- The centers shall be located, to the maximum extent practicable, in facilities of the Department or other Federal agencies.CommentsClose CommentsPermalink





(c) Attorney’s Fees-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law, the representative of an individual may not receive, for services rendered in connection with the claim of an individual under this title, more than 5 percent of a final award made (whether by the Administrator initially or as a result of administrative review) on the claim.CommentsClose CommentsPermalink





(2) PENALTY- Any representative of a claimant who violates this subsection shall be fined not more than the greater of--CommentsClose CommentsPermalink





(A) $5,000; orCommentsClose CommentsPermalink





(B) twice the amount received by the representative for services rendered in connection with each violation.CommentsClose CommentsPermalink

SEC. 113. COMPENSATION PROGRAM STARTUP.

(a) Interim Regulations- Not later than 90 days after the date of enactment of this Act, the Administrator shall issue interim regulations and procedures for the processing of claims under this title.CommentsClose CommentsPermalink





(b) Interim Personnel-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary and the Assistant Secretary for Policy, Management, and Budget of the Department may make available to the Administrator on a temporary basis such personnel and other resources as may be necessary to facilitate the expeditious startup of the compensation program.CommentsClose CommentsPermalink





(2) CONTRACTS- The Administrator may contract with individuals or entities having relevant experience to assist in the expeditious startup of the compensation program.CommentsClose CommentsPermalink





(c) Extreme Financial Hardship Claims- In the final regulations promulgated under section 111(c), the Administrator shall designate categories of claims to be handled on an expedited basis as a result of extreme financial hardship.CommentsClose CommentsPermalink





(d) Interim Administrator- Until an Administrator is appointed and confirmed under section 111(b), the responsibilities of the Administrator under this title shall be performed by the Assistant Secretary for Policy, Management, and Budget of the Department, who shall have all the authority conferred by this title on the Administrator and who shall be considered to be the Administrator for purposes of this title.CommentsClose CommentsPermalink





(e) Stay of Claims; Return to Tort System-CommentsClose CommentsPermalink





(1) STAY OF CLAIMS-CommentsClose CommentsPermalink





(A) PENDING ACTIONS- Notwithstanding any other provision of this title, any claim for damages pending in any Federal or State court for monetary damages related to the Deepwater Horizon incident as of the date of enactment of this Act shall be subject to a stay.CommentsClose CommentsPermalink





(B) FUTURE ACTIONS- Notwithstanding any other provision of this title, any claim for damages filed in any Federal or State court for monetary damages related to the Deepwater Horizon incident after the date of enactment of this Act shall be subject to a stay 60 days after the date of the filing of the claim, unless the claimant has filed an election to pursue the claim for damages in the Federal or State court under paragraph (2).CommentsClose CommentsPermalink





(2) CLAIMS- To be eligible for a claim, any person or State that has filed a timely claim seeking a judgment or order for monetary damages related to the Deepwater Horizon incident in any Federal or State court before, on, or after the date of enactment of this Act, shall file with the Administrator and serve on all defendants in the pending court action an election to pursue the claim for damages under this title or continue to pursue the claim in the Federal or State court--CommentsClose CommentsPermalink





(A) not later than 60 days after the date of enactment of this Act, if the claim was filed in a Federal or State court before the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) not later than 60 days after the date of the filing of the claim, if the claim is filed in a Federal or State court on or after the date of enactment of this Act.CommentsClose CommentsPermalink





(3) STAY- Until the claimant files an election under paragraph (2) to continue to pursue the claim in the Federal or State court, the stay under paragraph (1) shall remain in effect.CommentsClose CommentsPermalink





(4) EFFECT OF ELECTION-CommentsClose CommentsPermalink





(A) IN GENERAL- Any claimant that has elected to pursue a claim for damages in Federal or State court under paragraph (2) shall not be eligible for an award for those damages under section 131.CommentsClose CommentsPermalink





(B) STAY OF CLAIM- Any claim seeking a judgment or order for monetary damages relating to the Deepwater Horizon incident in any Federal or State court filed by a claimant that has received a judgment for damages under this title for that claim shall be permanently stayed.CommentsClose CommentsPermalink





(5) EFFECT OF OPERATIONAL OR NONOPERATIONAL FUND-CommentsClose CommentsPermalink





(A) REINSTATEMENT OF CLAIMS- If, after 270 days after the date of enactment of this Act, the Administrator cannot certify to Congress that the Office is operational and paying claims at a reasonable rate, each person or State that has filed a claim stayed under this subsection may continue the claims of the person or State in the court in which the case was pending prior to the stay.CommentsClose CommentsPermalink





(B) OPERATIONAL OFFICE- If the Administrator subsequently certifies to Congress that the Office has become operational and paying all valid claims at a reasonable rate, any claim in a civil action in Federal or State court that is not actually on trial before a jury that has been impaneled and presentation of evidence has commenced, but before deliberation, or before a judge and is at the presentation of evidence, may, at the option of the claimant, be considered a reinstated claim before the Administrator and the civil action before the Federal or State court shall be null and void.CommentsClose CommentsPermalink





(C) NONOPERATIONAL OFFICE- Notwithstanding any other provision of this title, if the Administrator certifies to Congress that the Office cannot become operational and paying all valid claims at a reasonable rate, all claims that have a stay may be filed or reinstated.CommentsClose CommentsPermalink

SEC. 114. AUTHORITY OF ADMINISTRATOR.

On any matter within the jurisdiction of the Administrator under this title, the Administrator may--CommentsClose CommentsPermalink





(1) issue subpoenas for and compel the attendance of witnesses within a radius of 200 miles;CommentsClose CommentsPermalink





(2) administer oaths;CommentsClose CommentsPermalink





(3) examine witnesses;CommentsClose CommentsPermalink





(4) require the production of books, papers, documents, and other potential evidence; andCommentsClose CommentsPermalink





(5) request assistance from other Federal agencies with the performance of the duties of the Administrator under this title.CommentsClose CommentsPermalink

SEC. 115. ADVISORY COMMITTEE ON DEEPWATER HORIZON COMPENSATION.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 120 days after the date of enactment of this Act, the Administrator shall establish an Advisory Committee on Deepwater Horizon Compensation.CommentsClose CommentsPermalink





(2) COMPOSITION AND APPOINTMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Advisory Committee shall be composed of 24 members, appointed in accordance with this paragraph.CommentsClose CommentsPermalink





(B) LEGISLATIVE APPOINTMENTS-CommentsClose CommentsPermalink





(i) IN GENERAL- The Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall each appoint 4 members to the Advisory Committee.CommentsClose CommentsPermalink





(ii) REPRESENTATION- Of the 4 members appointed by each Member under clause (i)--CommentsClose CommentsPermalink





(I) 2 members shall represent the interests of claimants; andCommentsClose CommentsPermalink





(II) 2 members shall represent the interests of responsible parties.CommentsClose CommentsPermalink





(C) APPOINTMENTS BY ADMINISTRATOR- The Administrator shall appoint 8 members to the Advisory Committee, who shall be individuals with qualifications and expertise relevant to the compensation program, including experience or expertise in marine or coastal ecology, oil spill remediation, fisheries management, administering compensation programs, or audits.CommentsClose CommentsPermalink





(b) Duties- The Advisory Committee shall advise the Administrator on--CommentsClose CommentsPermalink





(1) claims filing and claims processing procedures;CommentsClose CommentsPermalink





(2) claimant assistance programs;CommentsClose CommentsPermalink





(3) audit procedures and programs to ensure the quality and integrity of the compensation program;CommentsClose CommentsPermalink





(4) analyses or research that should be conducted to evaluate past claims and to project future claims under the compensation program; andCommentsClose CommentsPermalink





(5) such other matters related to the implementation of this title as the Administrator considers appropriate.CommentsClose CommentsPermalink





(c) Operation of Committee-CommentsClose CommentsPermalink





(1) TERM- The term of a member of the Advisory Committee shall be 3 years.CommentsClose CommentsPermalink





(2) CHAIRPERSON AND VICE CHAIRPERSON- The Administrator shall designate a Chairperson and Vice Chairperson of the Advisory Committee from among the members appointed under subsection (a)(2)(C).CommentsClose CommentsPermalink





(3) MEETINGS- The Advisory Committee shall meet--CommentsClose CommentsPermalink





(A) at the call of the Chairperson or a majority of the members of the Advisory Committee; andCommentsClose CommentsPermalink





(B) at least--CommentsClose CommentsPermalink





(i) 4 times per year during the first 3 years of the compensation program; andCommentsClose CommentsPermalink





(ii) 2 times per year thereafter.CommentsClose CommentsPermalink





(4) INFORMATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Administrator shall provide to the Advisory Committee such information as is necessary and appropriate for the Advisory Committee to carry out this section.CommentsClose CommentsPermalink





(B) OTHER AGENCIES-CommentsClose CommentsPermalink





(i) IN GENERAL- On request of the Advisory Committee, the Administrator may secure directly from any Federal, State, or local department or agency such information as may be necessary to enable the Advisory Committee to carry out this section.CommentsClose CommentsPermalink





(ii) PROVISION OF INFORMATION- On request of the Administrator, the head of the department or agency described in clause (i) shall furnish such information to the Advisory Committee.CommentsClose CommentsPermalink





(5) ADMINISTRATIVE SUPPORT- The Administrator shall provide the Advisory Committee with such administrative support as is reasonably necessary to enable the Advisory Committee to carry out this section.CommentsClose CommentsPermalink





(d) Expenses- A member of the Advisory Committee, other than a full-time Federal employee, while attending a meeting of the Advisory Committee or while otherwise serving at the request of the Administrator, and while serving away from the home or regular place of business of the member, shall be allowed travel and meal expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Federal Government serving without pay.CommentsClose CommentsPermalink

Subtitle B--Deepwater Horizon Compensation ProceduresCommentsClose CommentsPermalink

SEC. 121. ESSENTIAL ELEMENTS OF ELIGIBLE CLAIM.

To be eligible for an award under this title for damages, a claimant shall--CommentsClose CommentsPermalink





(1) file a claim in a timely manner in accordance with section 123; andCommentsClose CommentsPermalink





(2) prove, by a preponderance of the evidence, that the claimant has suffered damages as a result of the Deepwater Horizon incident.CommentsClose CommentsPermalink

SEC. 122. GENERAL RULE CONCERNING NO-FAULT COMPENSATION.

To be eligible for an award under this title for damages, a claimant shall not be required to demonstrate that the damages for which the claim is being made resulted from the negligence or other fault of any other person.CommentsClose CommentsPermalink

SEC. 123. FILING OF CLAIMS.

(a) Eligible Claimants-CommentsClose CommentsPermalink





(1) IN GENERAL- Any person or State that has suffered damage as a result of the Deepwater Horizon incident may file a claim with the Office for an award with respect to the damage.CommentsClose CommentsPermalink





(2) LIMITATION- A claim may not be filed by any person or State under this title for contribution or indemnity.CommentsClose CommentsPermalink





(b) Statute of Limitations- Except as otherwise provided in this subsection, if a person or State fails to file a claim with the Office under this section during the 5-year period beginning on the date on which the person or State first discovered facts that would have led a reasonable person to conclude that damage had occurred, any claim relating to the damage, and any other claim related to that damage, shall be extinguished, and any recovery on the damage shall be prohibited.CommentsClose CommentsPermalink





(c) Future Claims Not Precluded- Filing of a claim under subsection (a) shall not preclude the filing of additional claims for damages arising from the Deepwater Horizon incident that are manifest at a later date.CommentsClose CommentsPermalink





(d) Required Information- A claim filed under subsection (a) shall be in such form, and contain such information in such detail, as the Administrator shall by regulation prescribe.CommentsClose CommentsPermalink





(e) Date of Filing- A claim shall be considered to be filed on the date that the claimant mails the claim to the Office, as determined by postmark, or on the date that the claim is received by the Office, whichever is the earliest determinable date.CommentsClose CommentsPermalink





(f) Incomplete Claims-CommentsClose CommentsPermalink





(1) IN GENERAL- If a claim filed under subsection (a) is incomplete, the Administrator shall notify the claimant of the information necessary to complete the claim and inform the claimant of such services as may be available through the claimant assistance program established under section 112 to assist the claimant in completing the claim.CommentsClose CommentsPermalink





(2) TIME PERIODS-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), any time period for the processing of the claim shall be suspended until such time as the claimant submits the information necessary to complete the claim.CommentsClose CommentsPermalink





(B) DEADLINE- If the information described in subparagraph (A) is not received during the 1-year period beginning on the date of the notification, the claim shall be dismissed.CommentsClose CommentsPermalink

SEC. 124. ELIGIBILITY DETERMINATIONS AND CLAIM AWARDS.

(a) In General-CommentsClose CommentsPermalink





(1) REVIEW OF CLAIMS- The Administrator shall, in accordance with this section, determine whether each claim filed satisfies the requirements for eligibility for an award under this title and, if so, the value of the award.CommentsClose CommentsPermalink





(2) FACTORS- In making a determination under paragraph (1), the Administrator shall consider--CommentsClose CommentsPermalink





(A) the claim presented by the claimant;CommentsClose CommentsPermalink





(B) the factual evidence submitted by the claimant in support of the claim; andCommentsClose CommentsPermalink





(C) the results of such investigation as the Administrator may consider necessary to determine whether the claim satisfies the criteria for eligibility established by this title.CommentsClose CommentsPermalink





(3) ADDITIONAL EVIDENCE-CommentsClose CommentsPermalink





(A) IN GENERAL- The Administrator may request the submission of evidence in addition to the minimum requirements of section 123 if necessary to make a determination of eligibility for an award.CommentsClose CommentsPermalink





(B) COST- If the Administrator requests additional evidence under subparagraph (A), the cost of obtaining the additional evidence shall be borne by the Office.CommentsClose CommentsPermalink





(b) Proposed Decisions-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of the filing of a claim, the Administrator shall provide to the parties a proposed decision--CommentsClose CommentsPermalink





(A) accepting or rejecting the claim in whole or in part; andCommentsClose CommentsPermalink





(B) specifying the amount of any proposed award.CommentsClose CommentsPermalink





(2) FORM- The proposed decision shall--CommentsClose CommentsPermalink





(A) be in writing;CommentsClose CommentsPermalink





(B) contain findings of fact and conclusions of law; andCommentsClose CommentsPermalink





(C) contain an explanation of the procedure for obtaining review of the proposed decision.CommentsClose CommentsPermalink





(c) Review of Proposed Decisions-CommentsClose CommentsPermalink





(1) RIGHT TO HEARING-CommentsClose CommentsPermalink





(A) IN GENERAL- Any party not satisfied with a proposed decision of the Administrator under subsection (b) shall be entitled, on written request made not later than 90 days after the date of the issuance of the decision, to a hearing on the claim of the claimant before a representative of the Administrator.CommentsClose CommentsPermalink





(B) TESTIMONY- At the hearing, the party shall be entitled to present oral evidence and written testimony in further support of the claim.CommentsClose CommentsPermalink





(C) CONDUCT OF HEARING-CommentsClose CommentsPermalink





(i) IN GENERAL- The hearing shall, to the maximum extent practicable, be conducted at a time and place convenient for the claimant.CommentsClose CommentsPermalink





(ii) ADMINISTRATION- Except as otherwise provided in this title, in conducting the hearing, the representative of the Administrator shall conduct the hearing in a manner that best determines the rights of the parties and shall not be bound by--CommentsClose CommentsPermalink





(I) common law or statutory rules of evidence;CommentsClose CommentsPermalink





(II) technical or formal rules of procedure; orCommentsClose CommentsPermalink





(III) section 554 of title 5, United States Code.CommentsClose CommentsPermalink





(iii) EVIDENCE- For purposes of clause (ii), the representative of the Administrator shall receive such relevant evidence as the claimant adduces and such other evidence as the representative determines necessary or useful in evaluating the claim.CommentsClose CommentsPermalink





(D) REQUEST FOR SUBPOENAS-CommentsClose CommentsPermalink





(i) IN GENERAL- Subject to clause (iv), a party may request a representative of the Administrator to issue a subpoena but the decision to grant or deny the request is within the discretion of the representative.CommentsClose CommentsPermalink





(ii) SUBPOENAS- Subject to clause (iii), the representative may issue subpoenas for--CommentsClose CommentsPermalink





(I) the attendance and testimony of witnesses; andCommentsClose CommentsPermalink





(II) the production of books, records, correspondence, papers, or other relevant documents.CommentsClose CommentsPermalink





(iii) PREREQUISITES- Subpoenas may be issued for documents under this subparagraph only if --CommentsClose CommentsPermalink





(I) in the case of documents, the documents are relevant and cannot be obtained by other means; andCommentsClose CommentsPermalink





(II) in the case of witnesses, oral testimony is the best way to ascertain the facts.CommentsClose CommentsPermalink





(iv) REQUEST-CommentsClose CommentsPermalink





(I) HEARING PROCESS- A party may request a subpoena under this subparagraph only as part of the hearing process.CommentsClose CommentsPermalink





(II) FORM- To request a subpoena, the requester shall--CommentsClose CommentsPermalink

(aa) submit the request in writing and send the to the representative as early as practicable, but not later than 30 days, after the date of the original hearing request; andCommentsClose CommentsPermalink

(bb) explain why the testimony or evidence is directly relevant to the issues at hand, and a subpoena is the best method or opportunity to obtain the evidence because there are no other means by which the documents or testimony could have been obtained.CommentsClose CommentsPermalink

(v) FEES AND MILEAGE-CommentsClose CommentsPermalink





(I) IN GENERAL- Any person required by a subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.CommentsClose CommentsPermalink





(II) FUND- The fees and mileage shall be paid from the Fund.CommentsClose CommentsPermalink





(2) REVIEW OF WRITTEN RECORD-CommentsClose CommentsPermalink





(A) IN GENERAL- Instead of a hearing under paragraph (1), any party not satisfied with a proposed decision of the Administrator shall have the option, on written request made not later than 90 days after the date of the issuance of the decision, of obtaining a review of the written record by a representative of the Administrator.CommentsClose CommentsPermalink





(B) OPPORTUNITY TO BE HEARD- If a review is requested under subparagraph (A), the parties shall be afforded an opportunity to submit any written evidence or argument that the claimant believes relevant.CommentsClose CommentsPermalink





(d) Final Decisions-CommentsClose CommentsPermalink





(1) IN GENERAL- If the period of time for requesting review of the proposed decision expires and no request has been filed, or if the parties waive any objections to the proposed decision, the Administrator shall issue a final decision.CommentsClose CommentsPermalink





(2) VARIANCE FROM PROPOSED DECISION- If the decision materially differs from the proposed decision, the parties shall be entitled to review of the decision under subsection (c).CommentsClose CommentsPermalink





(3) TIMING- If the parties request review of all or part of the proposed decision the Administrator shall issue a final decision on the claim not later than--CommentsClose CommentsPermalink





(A) 180 days after the date the request for review is received, if a party requests a hearing; orCommentsClose CommentsPermalink





(B) 90 days after the date the request for review is received, if the claimant requests review of the written record.CommentsClose CommentsPermalink





(4) CONTENT- The decision shall be in writing and contain findings of fact and conclusions of law.CommentsClose CommentsPermalink





(e) Representation- A party may authorize an attorney or other individual to represent the party in any proceeding under this title.CommentsClose CommentsPermalink

Subtitle C--AwardsCommentsClose CommentsPermalink

SEC. 131. AMOUNT.

(a) In General- A claimant that meets the requirements of section 121 shall be entitled to an award in an amount equal to the damages specified in subsection (b) sustained as a result of Deepwater Horizon incident.CommentsClose CommentsPermalink





(b) Covered Damages- For purposes of subsection (a), covered damages shall be 1 or more of the following types of damages (if applicable):CommentsClose CommentsPermalink





(1) REAL OR PERSONAL PROPERTY- Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property.CommentsClose CommentsPermalink





(2) SUBSISTENCE USE- Damages for loss of subsistence use of natural resources, which shall be recoverable by any claimant who so uses natural resources that have been injured, destroyed, or lost, without regard to the ownership or management of the resources.CommentsClose CommentsPermalink





(3) REVENUES- Damages equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by a State or a political subdivision of a State.CommentsClose CommentsPermalink





(4) PROFITS AND EARNING CAPACITY- Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by any claimant.CommentsClose CommentsPermalink





(5) PUBLIC SERVICES- Damages for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil, which shall be recoverable by a State or a political subdivision of a State.CommentsClose CommentsPermalink

SEC. 132. PAYMENT.

(a) Payments- Not later than 30 days after a final determination of an award under this title, a claimant that is entitled to an award under this title shall receive the amount of the award through payments from the responsible parties.CommentsClose CommentsPermalink





(b) Limitation on Transferability- A claim filed under this title shall not be assignable or otherwise transferable under this title.CommentsClose CommentsPermalink

SEC. 133. SETOFFS FOR COLLATERAL SOURCE COMPENSATION AND PRIOR AWARDS.

The amount of an award otherwise available to a claimant under this title shall be reduced by the amount of collateral source compensation.CommentsClose CommentsPermalink

SEC. 134. SUBROGATION.

Any person that pays compensation pursuant to this title to any claimant for damages shall be subrogated to all rights, claims, and causes of action the claimant has under any other law.CommentsClose CommentsPermalink

Subtitle D--Judicial ReviewCommentsClose CommentsPermalink

SEC. 141. JUDICIAL REVIEW OF RULES AND REGULATIONS.

(a) Exclusive Jurisdiction- The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over any action to review rules or regulations promulgated by the Administrator under this title.CommentsClose CommentsPermalink





(b) Period for Filing Petition- A petition for review under this section shall be filed not later than 60 days after the date notice of the promulgation of the rules or regulations appears in the Federal Register.CommentsClose CommentsPermalink





(c) Expedited Procedures- The United States Court of Appeals for the District of Columbia shall provide for expedited procedures for reviews under this section.CommentsClose CommentsPermalink

SEC. 142. JUDICIAL REVIEW OF AWARD DECISIONS.

(a) In General- Any claimant or responsible party adversely affected or aggrieved by a final decision of the Administrator awarding or denying compensation under this title may petition for judicial review of the decision.CommentsClose CommentsPermalink





(b) Period for Filing Petition- Any petition for review under this section shall be filed not later than 90 days after the date of issuance of a final decision of the Administrator.CommentsClose CommentsPermalink





(c) Exclusive Jurisdiction- A petition for review may only be filed in the United States Court of Appeals for the circuit in which the claimant resides at the time of the issuance of the final order.CommentsClose CommentsPermalink





(d) Standard of Review- The court shall uphold the decision of the Administrator unless the court determines, on review of the record as a whole, that the decision is not supported by substantial evidence, is contrary to law, or is not in accordance with procedure required by law.CommentsClose CommentsPermalink





(e) Expedited Procedures- The United States Court of Appeals shall provide for expedited procedures for reviews under this section.CommentsClose CommentsPermalink

SEC. 143. OTHER JUDICIAL CHALLENGES.

(a) Exclusive Jurisdiction- The United States District Court for the District of Columbia shall have exclusive jurisdiction over any action for declaratory or injunctive relief challenging any provision of this title.CommentsClose CommentsPermalink





(b) Period for Filing Petitions- An action under this section shall be filed not later than the later of--CommentsClose CommentsPermalink





(1) the date that is 60 days after the date of enactment of this Act; orCommentsClose CommentsPermalink





(2) the date that is 60 days after the final action by the Administrator or the Office giving rise to the action.CommentsClose CommentsPermalink





(c) Direct Appeal-CommentsClose CommentsPermalink





(1) IN GENERAL- A final decision in the action shall be reviewable on appeal directly to the Supreme Court.CommentsClose CommentsPermalink





(2) ADMINISTRATION- The appeal shall be taken by the filing of a notice of appeal not later than 30 days, and the filing of a jurisdictional statement not later than 60 days, after the date of the entry of the final decision.CommentsClose CommentsPermalink





(d) Expedited Procedures- It is the sense of Congress that the Supreme Court and the United States District Court for the District of Columbia are urged to advance on the docket and otherwise expedite, to the maximum extent practicable, the disposition of an action covered by this section.CommentsClose CommentsPermalink

Subtitle E--Effect on Other LawsCommentsClose CommentsPermalink

SEC. 151. EFFECT ON OTHER LAWS.

This title shall supersede any Federal or State law to the extent that the law relates to any claim for damages compensated under this title.CommentsClose CommentsPermalink

TITLE II--LIABILITYCommentsClose CommentsPermalink

SEC. 201. LIABILITY FOR DEEPWATER HORIZON OIL SPILL.

(a) In General- Congress finds that--CommentsClose CommentsPermalink





(1) executives of British Petroleum Exploration & Production, Incorporated (referred to in this section 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;CommentsClose CommentsPermalink





(2) a letter from the Group Chief Executive of BP to the Secretaries of Homeland Security and the Interior dated May 16, 2010, states in part that BP is ‘prepared to pay above $75 million’ on ‘all legitimate claims’ relating to that explosion and oil spill; andCommentsClose CommentsPermalink





(3) 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.CommentsClose CommentsPermalink





(b) Directive to Secretary of the Interior-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of the Interior (referred to in this section as the ‘Secretary’) shall renegotiate the terms of the lease known as ‘Mississippi Canyon 252’ to reflect statements made by BP in the letter described in subsection (a)(2).CommentsClose CommentsPermalink





(2) PAYMENT OF CLAIMS- As a condition of the renegotiated lease described in paragraph (1), BP shall pay all damages awarded pursuant to title I.CommentsClose CommentsPermalink

Calendar No. 410CommentsClose CommentsPermalink

To create a fair and efficient system to resolve claims of victims for economic injury caused by the Deepwater Horizon incident, and to direct the Secretary of the Interior to renegotiate the terms of the lease known as ‘Mississippi Canyon 252’ with respect to claims relating to the Deepwater Horizon explosion and oil spill that exceed existing applicable economic liability limitations.CommentsClose CommentsPermalink

May 26, 2010CommentsClose CommentsPermalink