[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3603 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3603

  To amend the Oil Pollution Act of 1990 to establish the Federal Oil 
   Spill Research Committee and to amend the Federal Water Pollution 
     Control Act to include in a response plan certain planned and 
demonstrated investments in research relating to discharges of oil and 
to modify the dates by which a response plan is required to be updated.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2010

 Ms. Cantwell introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend the Oil Pollution Act of 1990 to establish the Federal Oil 
   Spill Research Committee and to amend the Federal Water Pollution 
     Control Act to include in a response plan certain planned and 
demonstrated investments in research relating to discharges of oil and 
to modify the dates by which a response plan is required to be updated.

    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 Technology and Research 
Act of 2010''.

SEC. 2. FEDERAL OIL SPILL RESEARCH COMMITTEE.

    (a) In General.--Section 7001 of the Oil Pollution Act of 1990 (33 
U.S.C. 2761) is amended to read as follows:

``SEC. 7001. FEDERAL OIL SPILL RESEARCH COMMITTEE.

    ``(a) Establishment.--There is established a committee, to be known 
as the `Federal Oil Spill Research Committee' (referred to in this 
section as the `Committee').
    ``(b) Membership.--
            ``(1) Composition.--The Committee shall be composed of--
                    ``(A) at least 1 representative of the National 
                Oceanic and Atmospheric Administration;
                    ``(B) at least 1 representative of the Coast Guard;
                    ``(C) at least 1 representative of the 
                Environmental Protection Agency; and
                    ``(D) at least 1 representative of each of such 
                other Federal agencies as the President considers to be 
                appropriate.
            ``(2) Chairperson.--The Under Secretary of Commerce for 
        Oceans and Atmosphere (referred to in this section as the 
        `Under Secretary') shall designate a Chairperson from among 
        members of the Committee who represent the National Oceanic and 
        Atmospheric Administration.
            ``(3) Meetings.--At a minimum, the members of the Committee 
        shall meet once each quarter.
    ``(c) Duties of the Committee.--
            ``(1) Research.--The Committee shall--
                    ``(A) coordinate a comprehensive program of oil 
                pollution research, technology development, and 
                demonstration among the Federal agencies, in 
                cooperation and coordination with industry, 
                institutions of higher education, research 
                institutions, State governments, tribal governments, 
                and other countries, as the Committee considers to be 
                appropriate; and
                    ``(B) foster cost-effective research mechanisms, 
                including the joint funding of research.
            ``(2) Reports on current state of oil discharge prevention 
        and response capabilities.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Oil Spill Technology and 
                Research Act of 2010, the Committee shall submit to 
                Congress a report on the state of oil discharge 
                prevention and response capabilities that--
                            ``(i) identifies current research programs 
                        conducted by governments, universities, and 
                        corporate entities;
                            ``(ii) assesses the current status of 
                        knowledge on oil pollution prevention, 
                        response, and mitigation technologies;
                            ``(iii) establishes national research 
                        priorities and goals for oil pollution 
                        technology development relating to prevention, 
                        response, mitigation, and environmental 
                        effects;
                            ``(iv) identifies regional oil pollution 
                        research needs and priorities for a coordinated 
                        program of research at the regional level 
                        developed in consultation with the State and 
                        local governments and Indian tribes;
                            ``(v) assesses the current state of 
                        discharge response equipment, and determines 
                        areas in need of improvement, including with 
                        respect to the quantity, age, quality, and 
                        effectiveness of equipment, or necessary 
                        technological improvements;
                            ``(vi) assesses--
                                    ``(I) the current state of real-
                                time data available to mariners, 
                                including data on water level, 
                                currents, and weather (including 
                                predictions); and
                                    ``(II) whether a lack of timely 
                                information increases the risk of oil 
                                discharges; and
                            ``(vii) includes such other information or 
                        recommendations as the Committee determines to 
                        be appropriate.
                    ``(B) 5-year updates.--Not later than 5 years after 
                the date of enactment of the Oil Spill Technology and 
                Research Act of 2010, and every 5 years thereafter, the 
                Committee shall submit to Congress a report updating 
                the information contained in the previous report 
                submitted under subparagraph (A).
    ``(d) Research and Development Program.--
            ``(1) In general.--In carrying out the duties of the 
        Committee under subsection (c)(1), the Committee shall 
        establish a program to conduct oil pollution research and 
        development.
            ``(2) Program elements.--The program established under 
        paragraph (1) shall provide for research, development, and 
        demonstration of new or improved technologies and methods that 
        are effective in preventing, detecting, or responding to, 
        mitigating, and restoring damage from oil discharges and that 
        protect the environment, including each of the following:
                    ``(A) High priority research areas described in the 
                reports under subsection (c)(2).
                    ``(B) Environmental effects of acute and chronic 
                oil discharges on coastal and marine resources, 
                including impacts on protected areas and protected 
                species.
                    ``(C) Long-term effects of major discharges and the 
                long-term cumulative effects of smaller endemic 
                discharges.
                    ``(D) New technologies to detect accidental or 
                intentional overboard discharges.
                    ``(E) Response, containment, and removal 
                capabilities, such as improved booms, oil skimmers, and 
                storage capacity.
                    ``(F) Oil discharge risk assessment methods, 
                including the identification of areas of high risk and 
                potential risk reductions for the prevention of 
                discharges.
                    ``(G) Capabilities for predicting the environmental 
                fate, transport, and effects of oil discharges, 
                including prediction of the effectiveness of discharge 
                response systems to contain and remove oil discharges.
                    ``(H) Methods to restore and rehabilitate natural 
                resources and ecosystem functions damaged by oil 
                discharges.
                    ``(I) Research and training, in consultation with 
                the National Response Team, to improve the ability of 
                industry and the Federal Government to remove an oil 
                discharge quickly and effectively.
                    ``(J) Oil pollution technology evaluation.
                    ``(K) Any other priorities identified by the 
                Committee.
            ``(3) Implementation plan.--
                    ``(A) In general.--Not later than 180 days after 
                the date of submission of the report under subsection 
                (c)(2)(A), the Committee shall submit to Congress a 
                plan for the implementation of the program required by 
                paragraph (1).
                    ``(B) Assessment by national academy of sciences.--
                The Chairperson of the Committee, acting through the 
                Administrator of the National Oceanic and Atmospheric 
                Administration, shall enter into an arrangement with 
                the National Academy of Sciences under which the 
                National Academy of Sciences shall--
                            ``(i) provide advice and guidance in the 
                        preparation and development of the plan 
                        required by subparagraph (A); and
                            ``(ii) assess the adequacy of the plan as 
                        submitted, and submit a report to Congress on 
                        the conclusions of the assessment.
    ``(e) Grant Program in Support of Research and Development 
Program.--
            ``(1) In general.--The Under Secretary of Commerce shall 
        manage a program of competitive grants to universities or other 
        research institutions, or groups of universities or research 
        institutions, for the purposes of conducting the program 
        established under subsection (d).
            ``(2) Applications and conditions.--In conducting the 
        program, the Under Secretary--
                    ``(A) shall establish a notification and 
                application procedure;
                    ``(B) may establish such conditions and require 
                such assurances as are appropriate to ensure the 
                efficiency and integrity of the grant program; and
                    ``(C) may provide grants under the program on a 
                matching or nonmatching basis.
    ``(f) Advice and Guidance.--
            ``(1) In general.--The Committee shall accept comments and 
        input from State and local governments, Indian tribes, industry 
        representatives, and other stakeholders in carrying out the 
        duties of the Committee under subsection (c).
            ``(2) Advisory council.--The Committee may establish an 
        Advisory Council consisting of nongovernment experts and 
        stakeholders for the purpose of providing guidance to the 
        Committee on matters under this section.
    ``(g) Facilitation.--The Committee may develop joint partnerships 
or enter into memoranda of agreement or memoranda of understanding with 
institutions of higher education, States, and other entities to 
facilitate the research program required by subsection (d).
    ``(h) Annual Reports.--Not later than 1 year after the date of 
enactment of the Oil Spill Technology and Research Act of 2010, and 
annually thereafter, the Chairperson of the Committee shall submit to 
Congress a report that describes--
            ``(1) the activities carried out under this section during 
        the preceding fiscal year; and
            ``(2) the activities that are proposed to be carried out 
        under this section for the fiscal year during which the report 
        is submitted.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce to carry out this section--
            ``(1) $200,000 for fiscal year 2010, to remain available 
        until expended, for use in entering into arrangements with the 
        National Academy of Sciences and for paying other expenses 
        incurred in developing the reports and research program under 
        this section; and
            ``(2) $2,000,000 for each of fiscal years 2010 through 
        2012, to remain available until expended.''.
    (b) Termination of Authority of Interagency Committee.--
            (1) In general.--The Interagency Coordinating Committee on 
        Oil Pollution Research established under section 7001 of the 
        Oil Pollution Act of 1990 (33 U.S.C. 2761) (as in effect on the 
        day before the date of enactment of this Act), and all 
        authority of that Committee, terminate on the date of enactment 
        of this Act.
            (2) Funding.--Any funds made available for the Interagency 
        Coordinating Committee on Oil Pollution Research described in 
        paragraph (1) and remaining available as of the date of 
        enactment of this Act shall be transferred to and available for 
        use by the Federal Oil Spill Research Committee (as established 
        by the amendment made by subsection (a)), without further 
        appropriation or fiscal year limitation.

SEC. 3. RESPONSE PLAN UPDATE REQUIREMENT.

    Section 311(j)(5) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)(5)) is amended--
            (1) in subparagraph (D)--
                    (A) by striking clause (v) and inserting the 
                following:
                            ``(v)(I) be updated at least every 5 years;
                            ``(II) require the use of the best 
                        available technology and methods to contain and 
                        remove, to the maximum extent practicable, a 
                        worst-case discharge (including a discharge 
                        resulting from fire or explosion), and to 
                        mitigate or prevent a substantial threat of 
                        such a discharge; and
                            ``(III) be resubmitted for approval upon 
                        each update (which shall be considered to be a 
                        significant change to the response plan) under 
                        this clause;'';
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vii) include planned and demonstrated 
                        investments in research relating to oil 
                        discharges, risk assessment, and development of 
                        technologies for oil discharge response and 
                        prevention.''; and
            (2) by adding at the end the following:
                    ``(J) Technology standards.--The Coast Guard may 
                establish requirements and issue guidance for the use 
                of best available technology and methods under 
                subparagraph (D)(v), which technology and methods shall 
                be based on performance metrics and standards, to the 
                maximum extent practicable.''.

SEC. 4. OIL DISCHARGE TECHNOLOGY INVESTMENT.

    (a) In General.--The Secretary of the Department in which the Coast 
Guard is operating (referred to in this section as the ``Secretary'') 
shall establish a program for the formal evaluation and validation of 
oil pollution containment and removal methods and technologies.
    (b) Approval.--
            (1) In general.--The program shall establish a process for 
        new methods and technologies to be submitted, evaluated, and 
        gain validation for use in responses to discharges of oil and 
        inclusion in response plans.
            (2) Consideration of capability.--Following each validation 
        of a method or technology described in paragraph (1), the 
        Secretary shall consider whether the method or technology meets 
        a performance capability warranting designation of a new 
        standard for best available technology or methods.
            (3) Lack of validation.--The lack of validation of a method 
        or technology under this section shall not preclude--
                    (A) the use of the method or technology in response 
                to a discharge of oil; or
                    (B) the inclusion of the method or technology in a 
                response plan.
    (c) Technology Clearinghouse.--Each technology and method validated 
under this section shall be included in the comprehensive list of 
discharge removal resources maintained through the National Response 
Unit of the Coast Guard.
    (d) Consultation.--In carrying out this section, the Secretary 
shall consult with--
            (1) the Secretary of the Interior;
            (2) the Administrator of the National Oceanic and 
        Atmospheric Administration;
            (3) the Administrator of the Environmental Protection 
        Agency; and
            (4) the Secretary of Transportation.
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