[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3497 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3497

   To amend the Outer Continental Shelf Lands Act to require leases 
entered into under that Act to include a plan that describes the means 
and timeline for containment and termination of an ongoing discharge of 
                      oil, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2010

Mr. Brown of Massachusetts (for himself and Mrs. Feinstein) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Outer Continental Shelf Lands Act to require leases 
entered into under that Act to include a plan that describes the means 
and timeline for containment and termination of an ongoing discharge of 
                      oil, 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 ``Oil Spill Prevention and Mitigation 
Improvement Act of 2010''.

SEC. 2. RESPONSE PLANS.

    Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) 
is amended by adding at the end the following:
    ``(q) Response Plans.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, in the case of each lease issued or renewed after the 
        date of enactment of this subsection, the Secretary shall 
        require the incorporation into the lease of a peer-reviewed 
        response plan that describes the means and timeline for 
        containment and termination of an ongoing discharge of oil 
        (other than a de minimis discharge, as determined by the 
        Secretary) at the depth at which the exploration, development, 
        or production authorized under the lease is to take place.
            ``(2) Technological feasibility.--Before determining 
        whether to issue a new lease under paragraph (1), the Secretary 
        shall certify the technological feasibility of methods proposed 
        to be used under a response plan described in that paragraph, 
        as demonstrated by the potential lessee through simulation, 
        demonstration, or other means.''.

SEC. 3. PUBLIC/PRIVATE TASK FORCE ON OIL SPILL RESPONSE AND MITIGATION.

    (a) In General.--The Secretary of Energy, acting through the Office 
of Science of the Department of Energy, shall use available funds in 
the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum 
Research Fund established under section 999H of the Energy Policy Act 
of 2005 (42 U.S.C. 16378), and such other funds as are necessary, to 
conduct a study, in collaboration with the Office of Fossil Energy of 
the Department, on means of improving prevention methodologies and 
technological responses to oil spills and mitigating the effects of oil 
spills on natural habitat.
    (b) Task Force.--As part of the study required under this section, 
the Secretary shall convene a task force composed of representatives of 
the private sector, institutions of higher education, and the National 
Academy of Sciences--
            (1) to assess the prevention methodologies and 
        technological response to the blowout and explosion of the 
        mobile offshore drilling unit Deepwater Horizon that occurred 
        on April 20, 2010, and resulting hydrocarbon releases into the 
        environment;
            (2) to assess the adequacy of existing technologies for 
        prevention and responses to deep water oil spills; and
            (3) to recommend means of improving prevention 
        methodologies and technological responses to future oil spills 
        (including drilling relief wells) and mitigating the effects of 
        the oil spills on natural habitat.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to Congress, the President, the 
Secretary of Homeland Security, the Administrator of the Environmental 
Protection Agency, the Secretary of the Interior, and the Secretary of 
Defense a report that describes the results of the study conducted 
under this section, including a recommended standard for technological 
best practices for prevention of and responses to oil spills, practice 
drills for emergency responses, and any other recommendations.

SEC. 4. STUDY ON FEDERAL RESPONSE TO OIL SPILLS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of existing capabilities and legal authorities of the 
Federal Government to prevent and respond to oil spills.
    (b) Deepwater Horizon Incident.--As part of the study required 
under this section, the Comptroller General of the United States shall 
assess the extent to which the capabilities and authorities described 
in subsection (a) have been fully used in the response to the blowout 
and explosion of the mobile offshore drilling unit Deepwater Horizon 
that occurred on April 20, 2010, and resulting hydrocarbon releases 
into the environment.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report that describes the results of the study conducted 
under this section, including any recommendations.
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