[Congressional Record Volume 156, Number 105 (Thursday, July 15, 2010)]
[Senate]
[Pages S5970-S5972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL:
  S. 3603. 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; 
to the Committee on Commerce, Science, and Transportation.
  Mr. President, over 21 years ago the tanker Exxon Valdez, en route 
from Valdez, Alaska, to Los Angeles, failed to turn back into the 
shipping lane after detouring to avoid ice. At 12:04 a.m., it ran 
aground on Bligh Reef in Prince William Sound.

[[Page S5971]]

  Within six hours, the Exxon Valdez spilled 11 million gallons of 
crude oil into the Sound's pristine waters and wrote itself into the 
history books as--at that time--the worst oil spill ever in U.S. 
waters. Eventually, oil covered 11,000 square miles of ocean.
  The environmental and economic damage is impossible to both fathom 
and assess; countless seabirds, marine mammals, and fish were killed. 
As a result, companies like the Chugach Alaska Corporation went 
bankrupt. There were huge losses to recreational sports, fisheries, and 
tourism. And 21 years later there is still oil in the area.
  Today, we are re-living a similar nightmare--only this time on an 
even larger scale. The BP oil spill in the Gulf of Mexico, triggered by 
the explosion of the Deepwater Horizon oil rig and the failure of its 
safety systems, has shattered all previous records as the single 
largest marine oil spill in our Nation's history. Even today, oil 
continues to gush from the uncapped well, furthering the devastation to 
the Gulf of Mexico's environment and economy.
  The Exxon Valdez showed us just how unprepared we were in 1989, and 
the BP oil spill is showing us today how unprepared we are in 2010. 
While the Oil Pollution Act of 1990 has been successful in achieving 
many of its policy goals, the BP oil spill is proving to us that oil 
spill response technology remains largely stagnant, and that our 
response infrastructure remains inadequate.
  This is why I rise today to introduce the Oil Spill Technology and 
Research Act.
  This legislation is designed to address the massive gap in oil spill 
research and development that has contributed to our inability to 
respond to the BP oil spill. It will: put mechanisms in place that will 
foster continuous research and development on oil spill response 
methods and technologies; provide an incentive structure for 
translating new technologies from ideas into reality; and continuously 
add new layers to our oil spill safety net.
  This is an important step in the right direction to improve our 
Nation's ability to contain and clean up oil spills in the future.
  It is a proclamation that we are not going to allow complacency back 
at the wheel, nor are we going to allow politics to get in the way of 
doing what is right.
  Twenty-one years ago we saw the devastating costs of complacency, and 
we are living that nightmare again today. It is up to us to ensure that 
this country's environment, economy, and people are protected with the 
greatest rigor that we can muster. Our oceans, coasts, and citizens 
deserve nothing less.
  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. 3603

       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.

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       ``(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.''.
       (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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