[Congressional Record Volume 156, Number 93 (Monday, June 21, 2010)]
[Senate]
[Pages S5204-S5206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. SHAHEEN (for herself, Mr. Udall of Colorado, and Mr. 
        Bingaman):
  S. 3515. A bill to authorize and enhance the programs of the 
Department of the Interior relating to the detection of, response to, 
and mitigation and cleanup of oil spills on Federal land managed by the 
Department, and for other purposes; to the Committee on Environment and 
Public Works.
  Mrs. SHAHEEN. Mr. President, I rise today to join with my colleagues 
Senator Mark Udall and Chairman Jeff Bingaman of the Senate Energy 
Committee to introduce the Department of the Interior Research and 
Technologies for Oil Spill Prevention and Response Act of 2010. 
Legislation intended to make sure we have the proper resources 
available to respond to future oil spills.
  While we are still getting to the bottom of what caused the Deepwater 
Horizon disaster in the Gulf, one thing is absolutely clear: BP was 
totally unprepared to respond, contain and clean-up this kind of spill.
  From ``junk shots'' to containment domes that failed to work at 
depth, BP was caught totally flat footed by this spill. Even BP's CEO, 
Tony Hayward, admitted that BP didn't ``have the tools in the toolbox'' 
to respond to this spill.
  The oil and gas industry has poured significant sums of money into 
developing technologies to find and produce oil and gas, but when I 
asked oil executives at a recent Energy Committee hearing what they've 
done in the way of research and development to respond to and clean up 
oil spills the response I got was: little to nothing.
  The technologies being used today in the Gulf are the same 
technologies we used twenty years ago to clean-up the Exxon Valdez 
spill. The oil and gas industry needs to do better. Since they won't do 
it themselves, they can pay the government to lead on research and 
development. We need to have updated, innovative, and effective 
technologies at the ready to clean up after any oil spill--large or 
small.
  We have to make sure that--through proper research and development--
we are prepared to prevent and respond to future oil spills. And that 
is what my legislation is intended to do.
  The legislation I am introducing today with Senators Udall and 
Bingaman does the following:

       It creates a new Oil Spill research and development program 
     within the Interior Department to focus on research and 
     development technologies to respond to, contain and clean up 
     oil spills and ensure we're prepared to respond to future 
     spills.
       It establishes an independent Scientific Advisory Board to 
     identify gaps and focus the research and development program 
     on priority areas. We know the concerns of the scientists 
     were ignored leading up to the Deepwater Horizon explosion. 
     This provision will make sure their important voices are 
     heard.
       It makes the oil and gas industry pay for this critical 
     research and development. In order to make sure this import 
     effort has the resources it need to be successful, my 
     legislation creates a dedicated funding source to pay for 
     this research and development, and

[[Page S5205]]

     this funding will come entirely from royalties, rent, and 
     bonuses from domestic oil and gas producers.

  This legislation is one part of a broader effort to ensure that we 
are prepared for future oil spills and that the catastrophe in the Gulf 
never happens again.
  I look forward to working with my colleagues to incorporate this 
legislation into comprehensive legislation the Senate is crafting to 
respond to the Deepwater Horizon spill and reform the federal agency 
responsible for oil and gas development in the outer continental shelf. 
I urge my colleagues to support this legislation so that we can ensure 
we are prepared to handle future oil spills.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3515

       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 ``Department of the Interior 
     Research and Technologies for Oil Spill Prevention and 
     Response Act of 2010''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to maintain and enhance the 
     world-class research and facilities of the Department of the 
     Interior and to ensure that there is adequate knowledge, 
     practices, and technologies to detect, respond to, contain, 
     and clean up oil spills occurring on Federal land managed by 
     the Department of the Interior, whether onshore or on the 
     outer Continental Shelf.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Board.--The term ``Board'' means the Science and 
     Technology Advisory Board established under section 5(a).
       (2) Fund.--The term ``Fund'' means the Oil Spill Technology 
     and Research Fund established by section 13(a).
       (3) Program.--The term ``program'' means the program 
     established under section 4(a).

     SEC. 4. AUTHORIZATION OF DEPARTMENT OF THE INTERIOR OIL SPILL 
                   RESEARCH AND DEVELOPMENT PROGRAM.

       (a) In General.--The Secretary shall carry out a program of 
     research, development, technology demonstration, and risk 
     assessment to address issues associated with the detection 
     of, response to, and mitigation and cleanup of oil spills 
     occurring on Federal land managed by the Department of the 
     Interior, whether onshore or on the outer Continental Shelf.
       (b) Specific Areas of Focus.--The program shall include 
     research, development, demonstration, validation, personnel 
     training, and other activities relating to--
       (1) technologies, materials, methods, and practices--
       (A) to detect the release of hydrocarbons from leaking 
     exploration or production equipment;
       (B) to characterize the rates of flow from leaking 
     exploration and production equipment in locations that are 
     remote or difficult to access;
       (C) to protect the safety of workers addressing hydrocarbon 
     releases from exploration and production equipment;
       (D) to contain, respond to, and clean up oil spills, 
     including with the use of dispersants, containment vessels, 
     booms, and skimmers, particularly under worst-case release 
     scenarios;
       (E) to contain, respond to, and clean up an oil spill in 
     extreme or harsh conditions on the outer Continental Shelf; 
     and
       (F) for environmental assessment, restoration, and long-
     term monitoring;
       (2) fundamental scientific characterization of the behavior 
     of oil and natural gas in and on soil and water, including 
     miscibility, plume behavior, emulsification, physical 
     separation, and chemical and biological degradation;
       (3) behavior and effects of emulsified, dispersed, and 
     submerged oil in water; and
       (4) modeling, simulation, and prediction of oil flows from 
     releases and the trajectories of releases on the surface, the 
     subsurface, and in water.

     SEC. 5. SCIENCE AND TECHNOLOGY ADVISORY BOARD.

       (a) In General.--The Secretary shall enter into appropriate 
     arrangements with the National Academy of Sciences to 
     establish an independent committee, to be known as the 
     ``Science and Technology Advisory Board'', to provide 
     scientific and technical advice to the program, including--
       (1) the identification of knowledge gaps that the program 
     should address;
       (2) the establishment of scientific and technical 
     priorities; and
       (3) an annual review of the results and effectiveness of 
     the program, including successful technology development.
       (b) Reports.--Reports and recommendations of the Board 
     shall promptly be made available to Congress and the public.

     SEC. 6. RESEARCH AND TECHNOLOGY PLAN.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Secretary, in consultation with the Board, shall develop and 
     publish a research and technology plan for the program.
       (b) Contents.--The plan under this section shall--
       (1) identify research needs and opportunities;
       (2) propose areas of focus for the program;
       (3) establish program priorities, including priorities for 
     the research centers of excellence under section 7, 
     demonstration projects under section 8, and research grants 
     under section 9; and
       (4) estimate--
       (A) the extent of resources needed to conduct the program; 
     and
       (B) timetables for completing research tasks under the 
     program.
       (c) Publication.--The Secretary shall timely publish--
       (1) the plan under this section; and
       (2) a review of the plan by the Board.

     SEC. 7. RESEARCH CENTERS OF EXCELLENCE.

       (a) Response Technologies for Deepwater, Ultra Deepwater, 
     and Other Extreme Environment Oil Spills.--
       (1) Establishment.--The Secretary shall establish at 1 or 
     more institutions of higher education a research center of 
     excellence for the research, development, and demonstration 
     of technologies necessary to respond to, contain, mitigate, 
     and clean up deepwater, ultra deepwater, and other extreme 
     environment oil spills.
       (2) Grants.--The Secretary shall provide grants to the 
     research center of excellence established under paragraph (1) 
     to conduct and oversee basic and applied research in the 
     technologies described in that paragraph.
       (b) Oil Spill Response and Restoration.--
       (1) Establishment.--The Secretary, in coordination with the 
     Undersecretary of Commerce for Oceans and Atmosphere, shall 
     establish at 1 or more institutions of higher education a 
     research center of excellence for research and innovation in 
     oil spill fate, behavior and effects, and damage assessment 
     and restoration.
       (2) Grants.--The Secretary shall provide grants to the 
     research center of excellence established under paragraph (1) 
     to conduct and oversee basic and applied research in the 
     areas described in that paragraph.
       (c) Other Research Centers of Excellence.--The Secretary 
     may establish such other research centers of excellence as 
     the Secretary determines to be necessary for the research, 
     development, and demonstration of technologies necessary to 
     carry out this Act.

     SEC. 8. DEMONSTRATION PROJECTS.

       (a) In General.--In carrying out the program, the Secretary 
     shall conduct deepwater, ultra deepwater, and other extreme 
     environment oil spill response demonstration projects for the 
     purpose of developing and demonstrating new integrated 
     deepwater oil spill mitigation and response systems that use 
     the information and implement the improved practices and 
     technologies developed from the program.
       (b) Requirements.--The mitigation and response systems 
     developed under subsection (a) shall use technologies and 
     management practices for improving the response capabilities 
     to deepwater oil spills, including--
       (1) improved oil flow monitoring and calculation;
       (2) improved oil spill response capability;
       (3) improved subsurface mitigation technologies;
       (4) improved capability to track and predict the flow and 
     effects of oil discharges in both subsurface and surface 
     areas for the purposes of making oil mitigation and response 
     decisions; and
       (5) any other activities necessary to achieve the purposes 
     of the program.

     SEC. 9. RESEARCH GRANTS.

       In carrying out the program, the Secretary may award 
     competitive grants in coordination with research centers of 
     excellence under section 7 and consistent with the research 
     and technology plan under section 6 to institutions of higher 
     education or other research institutions--
       (1) to carry out projects that are relevant to the goals 
     and priorities of the research and technology plan; and--
       (2)(A) to advance research and development; or
       (B) to demonstrate technologies.

     SEC. 10. PILOT PROGRAMS FOR FIELD TESTING TECHNOLOGIES.

       (a) In General.--The Secretary, in coordination with the 
     Administrator of the Environmental Protection Agency, shall 
     conduct a pilot program to conduct field tests on new oil 
     spill response, mitigation, and cleanup technologies 
     developed under the program in the waters of the United 
     States.
       (b) Results.--The results of the field tests conducted 
     under subsection (a) shall be used--
       (1) to refine oil spill technology research and 
     development; and
       (2) to assist the Secretary and the Administrator of the 
     Environmental Protection Agency in the development of safety 
     and environmental regulations under this Act and other 
     applicable laws.

     SEC. 11. PEER REVIEW OF PROPOSALS AND RESEARCH.

       (a) In General.--Any award of funds under the program shall 
     be made only after the Secretary has carried out an impartial 
     peer review of the scientific and technical merit of the 
     proposals for the award.
       (b) Requirements.--The Secretary shall ensure that any 
     research conducted under the program shall be peer-reviewed, 
     transparent, and made available to the public.

[[Page S5206]]

     SEC. 12. COORDINATION WITH OTHER AGENCIES.

       (a) In General.--In carrying out this Act, the Secretary 
     shall consult and coordinate, as appropriate, with other 
     Federal agencies and programs, including the Interagency 
     Coordinating Committee on Oil Pollution Research established 
     under section 7001 of the Oil Pollution Act of 1990 (33 
     U.S.C. 2761).
       (b) Responsibility of the Secretary.--Notwithstanding any 
     requirements to consult or coordinate, the Secretary shall 
     maintain authority, direction, and control of the program.

     SEC. 13. OIL SPILL TECHNOLOGY AND RESEARCH FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a revolving fund, to be known as the ``Oil 
     Spill Technology and Research Fund'', consisting of such 
     amounts as are transferred to the Fund under subsection (b), 
     to be administered by the Secretary, to be available without 
     fiscal year limitation and not subject to appropriation, to 
     carry out the program.
       (b) Transfers to Fund.--From any Federal royalties, rents, 
     and bonuses derived from Federal onshore and offshore oil and 
     gas leases issued the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331 et seq.) or the Mineral Leasing Act (30 U.S.C. 
     181 et seq.) that are deposited in the Treasury, and after 
     distribution of any funds described in subsection (c), there 
     shall be transferred to the Fund $25,000,000 for each of 
     fiscal years 2010 through 2020, to remain available until 
     expended.
       (c) Prior Distributions.--The distributions referred to in 
     subsection (b) are those required by law--
       (1) to States and to the Reclamation Fund under section 
     35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)); and
       (2) to other funds receiving amounts from Federal oil and 
     gas leasing programs, including--
       (A) any recipients pursuant to section 8(g) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1337(g));
       (B) the land and water conservation fund, pursuant to 
     section 2(c) of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-5(c));
       (C) the Historic Preservation Fund, pursuant to section 108 
     of the National Historic Preservation Act (16 U.S.C. 470h); 
     and
       (D) the coastal impact assistance program established under 
     section 31 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356a).
       (d) Prohibition.--Amounts in the Fund may not be made 
     available for any purpose other than a purpose described in 
     subsection (a).
       (e) Annual Reports.--
       (1) In general.--Not later than 60 days after the end of 
     each fiscal year beginning with fiscal year 2010, the 
     Secretary shall submit to the Committee on Appropriations of 
     the House of Representatives, the Committee on Appropriations 
     of the Senate, the Committee on Energy and Natural Resources 
     of the Senate, and the Committee on Natural Resources of the 
     House of Representatives a report on the operation of the 
     Fund during the fiscal year.
       (2) Contents.--Each report shall include, for the fiscal 
     year covered by the report, the following:
       (A) A statement of the amounts deposited into the Fund.
       (B) A description of the expenditures made from the Fund 
     for the fiscal year, including the purpose of the 
     expenditures.
       (C) Recommendations for additional authorities to fulfill 
     the purpose of the Fund.
       (D) A statement of the balance remaining in the Fund at the 
     end of the fiscal year.
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