II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Oil Spill Technology 

5 and Research Act of 2010’’. 


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1 SEC. 2. FEDERAL OIL SPILL RESEARCH COMMITTEE. 

2 (a) IN GENERAL.—Section 7001 of the Oil Pollution 

3 Act of 1990 (33 U.S.C. 2761) is amended to read as fol4 lows: 

5 ‘‘SEC. 7001. FEDERAL OIL SPILL RESEARCH COMMITTEE. 

6 ‘‘(a) ESTABLISHMENT.—There is established a com7 mittee, to be known as the ‘Federal Oil Spill Research 

8 Committee’ (referred to in this section as the ‘Com9 mittee’). 

10 ‘‘(b) MEMBERSHIP.— 

11 ‘‘(1) COMPOSITION.—The Committee shall be 

12 composed of— 

13 ‘‘(A) at least 1 representative of the Na14 tional Oceanic and Atmospheric Administration; 

15 ‘‘(B) at least 1 representative of the Coast 

16 Guard; 

17 ‘‘(C) at least 1 representative of the Envi18 ronmental Protection Agency; and 

19 ‘‘(D) at least 1 representative of each of 

20 such other Federal agencies as the President 

21 considers to be appropriate. 

22 ‘‘(2) CHAIRPERSON.—The Under Secretary of 

23 Commerce for Oceans and Atmosphere (referred to 

24 in this section as the ‘Under Secretary’) shall des25 ignate a Chairperson from among members of the 


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1 Committee who represent the National Oceanic and 

2 Atmospheric Administration. 

3 ‘‘(3) MEETINGS.—At a minimum, the members 

4 of the Committee shall meet once each quarter. 

5 ‘‘(c) DUTIES OF THE COMMITTEE.— 

6 ‘‘(1) RESEARCH.—The Committee shall— 

7 ‘‘(A) coordinate a comprehensive program 

8 of oil pollution research, technology develop9 ment, and demonstration among the Federal 

10 agencies, in cooperation and coordination with 

11 industry, institutions of higher education, re12 search institutions, State governments, tribal 

13 governments, and other countries, as the Com14 mittee considers to be appropriate; and 

15 ‘‘(B) foster cost-effective research mecha16 nisms, including the joint funding of research. 

17 ‘‘(2) REPORTS ON CURRENT STATE OF OIL DIS18 CHARGE PREVENTION AND RESPONSE CAPABILI19 TIES.— 

20 ‘‘(A) IN GENERAL.—Not later than 180 

21 days after the date of enactment of the Oil Spill 

22 Technology and Research Act of 2010, the 

23 Committee shall submit to Congress a report on 

24 the state of oil discharge prevention and re25 sponse capabilities that— 


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1 ‘‘(i) identifies current research pro2 grams conducted by governments, univer3 sities, and corporate entities; 

4 ‘‘(ii) assesses the current status of 

5 knowledge on oil pollution prevention, re6 sponse, and mitigation technologies; 

7 ‘‘(iii) establishes national research pri8 orities and goals for oil pollution tech9 nology development relating to prevention, 

10 response, mitigation, and environmental ef11 fects; 

12 ‘‘(iv) identifies regional oil pollution 

13 research needs and priorities for a coordi14 nated program of research at the regional 

15 level developed in consultation with the 

16 State and local governments and Indian 

17 tribes; 

18 ‘‘(v) assesses the current state of dis19 charge response equipment, and deter20 mines areas in need of improvement, in21 cluding with respect to the quantity, age, 

22 quality, and effectiveness of equipment, or 

23 necessary technological improvements; 

24 ‘‘(vi) assesses— 


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1 ‘‘(I) the current state of real-time 

2 data available to mariners, including 

3 data on water level, currents, and 

4 weather (including predictions); and 

5 ‘‘(II) whether a lack of timely in6 formation increases the risk of oil dis7 charges; and 

8 ‘‘(vii) includes such other information 

9 or recommendations as the Committee de10 termines to be appropriate. 

11 ‘‘(B) 5-YEAR UPDATES.—Not later than 5 

12 years after the date of enactment of the Oil 

13 Spill Technology and Research Act of 2010, 

14 and every 5 years thereafter, the Committee 

15 shall submit to Congress a report updating the 

16 information contained in the previous report 

17 submitted under subparagraph (A). 

18 ‘‘(d) RESEARCH AND DEVELOPMENT PROGRAM.— 

19 ‘‘(1) IN GENERAL.—In carrying out the duties 

20 of the Committee under subsection (c)(1), the Com21 mittee shall establish a program to conduct oil pollu22 tion research and development. 

23 ‘‘(2) PROGRAM ELEMENTS.—The program es24 tablished under paragraph (1) shall provide for re25 search, development, and demonstration of new or 


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1 improved technologies and methods that are effective 

2 in preventing, detecting, or responding to, miti3 gating, and restoring damage from oil discharges 

4 and that protect the environment, including each of 

5 the following: 

6 ‘‘(A) High priority research areas de7 scribed in the reports under subsection (c)(2). 

8 ‘‘(B) Environmental effects of acute and 

9 chronic oil discharges on coastal and marine re10 sources, including impacts on protected areas 

11 and protected species. 

12 ‘‘(C) Long-term effects of major discharges 

13 and the long-term cumulative effects of smaller 

14 endemic discharges. 

15 ‘‘(D) New technologies to detect accidental 

16 or intentional overboard discharges. 

17 ‘‘(E) Response, containment, and removal 

18 capabilities, such as improved booms, oil skim19 mers, and storage capacity. 

20 ‘‘(F) Oil discharge risk assessment meth21 ods, including the identification of areas of high 

22 risk and potential risk reductions for the pre23 vention of discharges. 

24 ‘‘(G) Capabilities for predicting the envi25 ronmental fate, transport, and effects of oil disVerDate Mar 15 2010 00:00 Jul 17, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3603.IS S3603

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1 charges, including prediction of the effective2 ness of discharge response systems to contain 

3 and remove oil discharges. 

4 ‘‘(H) Methods to restore and rehabilitate 

5 natural resources and ecosystem functions dam6 aged by oil discharges. 

7 ‘‘(I) Research and training, in consultation 

8 with the National Response Team, to improve 

9 the ability of industry and the Federal Govern10 ment to remove an oil discharge quickly and ef11 fectively. 

12 ‘‘(J) Oil pollution technology evaluation. 

13 ‘‘(K) Any other priorities identified by the 

14 Committee. 

15 ‘‘(3) IMPLEMENTATION PLAN.— 

16 ‘‘(A) IN GENERAL.—Not later than 180 

17 days after the date of submission of the report 

18 under subsection (c)(2)(A), the Committee shall 

19 submit to Congress a plan for the implementa20 tion of the program required by paragraph (1). 

21 ‘‘(B) ASSESSMENT BY NATIONAL ACADEMY

22 OF SCIENCES.—The Chairperson of the Com23 mittee, acting through the Administrator of the 

24 National Oceanic and Atmospheric Administra25 tion, shall enter into an arrangement with the 


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1 National Academy of Sciences under which the 

2 National Academy of Sciences shall— 

3 ‘‘(i) provide advice and guidance in 

4 the preparation and development of the 

5 plan required by subparagraph (A); and 

6 ‘‘(ii) assess the adequacy of the plan 

7 as submitted, and submit a report to Con8 gress on the conclusions of the assessment. 

9 ‘‘(e) GRANT PROGRAM IN SUPPORT OF RESEARCH

10 AND DEVELOPMENT PROGRAM.— 

11 ‘‘(1) IN GENERAL.—The Under Secretary of 

12 Commerce shall manage a program of competitive 

13 grants to universities or other research institutions, 

14 or groups of universities or research institutions, for 

15 the purposes of conducting the program established 

16 under subsection (d). 

17 ‘‘(2) APPLICATIONS AND CONDITIONS.—In con18 ducting the program, the Under Secretary— 

19 ‘‘(A) shall establish a notification and ap20 plication procedure; 

21 ‘‘(B) may establish such conditions and re22 quire such assurances as are appropriate to en23 sure the efficiency and integrity of the grant 

24 program; and 


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1 ‘‘(C) may provide grants under the pro2 gram on a matching or nonmatching basis. 

3 ‘‘(f) ADVICE AND GUIDANCE.— 

4 ‘‘(1) IN GENERAL.—The Committee shall ac5 cept comments and input from State and local gov6 ernments, Indian tribes, industry representatives, 

7 and other stakeholders in carrying out the duties of 

8 the Committee under subsection (c). 

9 ‘‘(2) ADVISORY COUNCIL.—The Committee may 

10 establish an Advisory Council consisting of non11 government experts and stakeholders for the purpose 

12 of providing guidance to the Committee on matters 

13 under this section. 

14 ‘‘(g) FACILITATION.—The Committee may develop 

15 joint partnerships or enter into memoranda of agreement 

16 or memoranda of understanding with institutions of high17 er education, States, and other entities to facilitate the 

18 research program required by subsection (d). 

19 ‘‘(h) ANNUAL REPORTS.—Not later than 1 year after 

20 the date of enactment of the Oil Spill Technology and Re21 search Act of 2010, and annually thereafter, the Chair22 person of the Committee shall submit to Congress a report 

23 that describes— 

24 ‘‘(1) the activities carried out under this section 

25 during the preceding fiscal year; and 


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1 ‘‘(2) the activities that are proposed to be car2 ried out under this section for the fiscal year during 

3 which the report is submitted. 

4 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary of Com6 merce to carry out this section— 

7 ‘‘(1) $200,000 for fiscal year 2010, to remain 

8 available until expended, for use in entering into ar9 rangements with the National Academy of Sciences 

10 and for paying other expenses incurred in developing 

11 the reports and research program under this section; 

12 and 

13 ‘‘(2) $2,000,000 for each of fiscal years 2010 

14 through 2012, to remain available until expended.’’. 

15 (b) TERMINATION OF AUTHORITY OF INTERAGENCY

16 COMMITTEE.— 

17 (1) IN GENERAL.—The Interagency Coordi18 nating Committee on Oil Pollution Research estab19 lished under section 7001 of the Oil Pollution Act of 

20 1990 (33 U.S.C. 2761) (as in effect on the day be21 fore the date of enactment of this Act), and all au22 thority of that Committee, terminate on the date of 

23 enactment of this Act. 

24 (2) FUNDING.—Any funds made available for 

25 the Interagency Coordinating Committee on Oil PolVerDate Mar 15 2010 00:00 Jul 17, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3603.IS S3603

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1 lution Research described in paragraph (1) and re2 maining available as of the date of enactment of this 

3 Act shall be transferred to and available for use by 

4 the Federal Oil Spill Research Committee (as estab5 lished by the amendment made by subsection (a)), 

6 without further appropriation or fiscal year limita7 tion. 

8 SEC. 3. RESPONSE PLAN UPDATE REQUIREMENT. 

9 Section 311(j)(5) of the Federal Water Pollution 

10 Control Act (33 U.S.C. 1321(j)(5)) is amended— 

11 (1) in subparagraph (D)— 

12 (A) by striking clause (v) and inserting the 

13 following: 

14 ‘‘(v)(I) be updated at least every 5 

15 years; 

16 ‘‘(II) require the use of the best avail17 able technology and methods to contain 

18 and remove, to the maximum extent prac19 ticable, a worst-case discharge (including a 

20 discharge resulting from fire or explosion), 

21 and to mitigate or prevent a substantial 

22 threat of such a discharge; and 

23 ‘‘(III) be resubmitted for approval 

24 upon each update (which shall be considVerDate Mar 15 2010 00:00 Jul 17, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3603.IS S3603

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1 ered to be a significant change to the re2 sponse plan) under this clause;’’; 

3 (B) in clause (vi), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(vii) include planned and dem7 onstrated investments in research relating 

8 to oil discharges, risk assessment, and de9 velopment of technologies for oil discharge 

10 response and prevention.’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(J) TECHNOLOGY STANDARDS.—The 

13 Coast Guard may establish requirements and 

14 issue guidance for the use of best available 

15 technology and methods under subparagraph 

16 (D)(v), which technology and methods shall be 

17 based on performance metrics and standards, to 

18 the maximum extent practicable.’’. 

19 SEC. 4. OIL DISCHARGE TECHNOLOGY INVESTMENT. 

20 (a) IN GENERAL.—The Secretary of the Department 

21 in which the Coast Guard is operating (referred to in this 

22 section as the ‘‘Secretary’’) shall establish a program for 

23 the formal evaluation and validation of oil pollution con24 tainment and removal methods and technologies. 

25 (b) APPROVAL.— 


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1 (1) IN GENERAL.—The program shall establish 

2 a process for new methods and technologies to be 

3 submitted, evaluated, and gain validation for use in 

4 responses to discharges of oil and inclusion in re5 sponse plans. 

6 (2) CONSIDERATION OF CAPABILITY.—Fol7 lowing each validation of a method or technology de8 scribed in paragraph (1), the Secretary shall con9 sider whether the method or technology meets a per10 formance capability warranting designation of a new 

11 standard for best available technology or methods. 

12 (3) LACK OF VALIDATION.—The lack of valida13 tion of a method or technology under this section 

14 shall not preclude— 

15 (A) the use of the method or technology in 

16 response to a discharge of oil; or 

17 (B) the inclusion of the method or tech18 nology in a response plan. 

19 (c) TECHNOLOGY CLEARINGHOUSE.—Each tech20 nology and method validated under this section shall be 

21 included in the comprehensive list of discharge removal re22 sources maintained through the National Response Unit 

23 of the Coast Guard. 

24 (d) CONSULTATION.—In carrying out this section, 

25 the Secretary shall consult with— 


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1 (1) the Secretary of the Interior; 

2 (2) the Administrator of the National Oceanic 

3 and Atmospheric Administration; 

4 (3) the Administrator of the Environmental 

5 Protection Agency; and 

6 (4) the Secretary of Transportation. 

Æ 


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