211 
amendments made by this title $10,000,000 for each of 
fiscal years 2011 through 2015. 
(c) DEPARTMENT OF TRANSPORTATION.—In addi-
tion to amounts made available pursuant to section 60125 
of title 49, United States Code, there is authorized to be 
appropriated to the Secretary of Transportation from the 
Oil Spill Liability Trust Fund to carry out the purposes 
of this title and the amendments made by this title the 
following: 
(1) For each of fiscal years 2011 through 2013, 
$7,000,000. 
(2) For each of fiscal years 2014 and 2015, 
$6,000,000. 
SEC. 630. EXTENSION OF LIABILITY TO PERSONS HAVING 
OWNERSHIP 
INTERESTS 
IN 
RESPONSIBLE 
PARTIES. 
(a) DEFINITION OF RESPONSIBLE PARTY.—Section 
1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(32)) is amended by adding at the end the following: 
‘‘(G) PERSON HAVING OWNERSHIP INTER-
EST.—Any person, other than an individual, 
having an ownership interest (directly or indi-
rectly) in any entity described in any of sub-
paragraphs (A) through (F) of more than 25 
percent, in the aggregate, of the total ownership 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
212 
interests in such entity, if the assets of such en-
tity are insufficient to pay the claims owed by 
such entity as a responsible party under this 
Act.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to an incident occurring on or after 
January 1, 2010. 
SEC. 631. CLARIFICATION OF LIABILITY UNDER OIL POLLU-
TION ACT OF 1990. 
The Oil Pollution Act of 1990 is amended— 
(1) in section 1013 (33 U.S.C. 2713), by insert-
ing after subsection (f) the following: 
‘‘(g) LIMITATION ON RELEASE OF LIABILITY.—No 
release of liability in connection with compensation re-
ceived by a claimant under this Act shall apply to liability 
for any type of harm unless— 
‘‘(1) the claimant presented a claim under sub-
section (a) with respect to such type of harm; and 
‘‘(2) the claimant received compensation for 
such type of harm, from the responsible party or 
from guarantor of the source designated under sec-
tion 1014(a), in connection with such release.’’; and 
(2) in section 1018 (33 U.S.C. 2718), by— 
(A) striking ‘‘or’’ at the end of paragraph 
(1); 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
213 
(B) striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(C) inserting after paragraph (2) the fol-
lowing: 
‘‘(3) with respect to a claim described in section 
1013(g), affect, or be construed or interpreted to af-
fect or modify in any way, the obligations or liabil-
ities of any person under other Federal law.’’. 
SEC. 632. SALVAGE ACTIVITIES. 
Section 311 of the Federal Water Pollution Control 
Act (33 U.S.C. 1321) is amended— 
(1) in subsection (a)(2)(D) by inserting ‘‘or sal-
vage activities’’ after ‘‘removal’’; and 
(2) in subsection (c)(4)(A) by inserting ‘‘or con-
ducting salvage activities’’ after ‘‘advice’’. 
SEC. 633. REQUIREMENT FOR REDUNDANCY IN RESPONSE 
PLANS. 
(a) REQUIREMENT.—Section 311(j)(5)(D) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1331(j)(5)(D)) is amended by redesignating clauses (v) 
and (vi) as clauses (vii) and (viii), and by inserting after 
clause (iv) the following new clauses: 
‘‘(v) include redundancies that specify 
response actions that will be taken if other 
response actions specified in the plan fail; 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
214 
‘‘(vi) be vetted by impartial experts;’’. 
(b) CONDITION OF PERMIT.—The Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LI-
CENSE AUTHORIZING DRILLING FOR OIL AND 
GAS. 
‘‘The Secretary may not issue any license or permit 
authorizing drilling for oil and gas on the Outer Conti-
nental Shelf unless the applicant for the license or permit 
has a response plan approved under section 311(j)(5)(D) 
of the Federal Water Pollution Control Act (33 U.S.C. 
1331(j)(5)(D)) for the vessel or facility that will be used 
to conduct such drilling.’’. 
SEC. 634. FEDERAL OIL SPILL RESEARCH PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Oil Pollution Research and Development Program Reau-
thorization Act of 2011’’. 
(b) FEDERAL OIL POLLUTION RESEARCH COM-
MITTEE.— 
(1) PURPOSES.—Section 7001(a)(2) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2761(a)(2)) is 
amended by striking ‘‘State’’ and inserting ‘‘State 
and tribal’’. 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
215 
(2) MEMBERSHIP.—Section 7001(a)(3) of such 
Act (33 U.S.C. 2761(a)(3)) is amended to read as 
follows: 
‘‘(3) STRUCTURE.— 
‘‘(A) MEMBERS.—The Interagency Com-
mittee shall consist of representatives from the 
following: 
‘‘(i) The Coast Guard. 
‘‘(ii) The Department of Commerce, 
including the National Oceanic and Atmos-
pheric Administration. 
‘‘(iii) The Department of the Interior. 
‘‘(iv) The Environmental Protection 
Agency. 
‘‘(B) 
COLLABORATING
AGENCIES.—The 
Interagency Committee shall collaborate with 
the following: 
‘‘(i) The National Institute of Stand-
ards and Technology. 
‘‘(ii) The Department of Energy. 
‘‘(iii) The Department of Transpor-
tation, including the Maritime Administra-
tion and the Pipeline and Hazardous Mate-
rials Safety Administration. 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
216 
‘‘(iv) The Department of Defense, in-
cluding the Army Corps of Engineers and 
the Navy. 
‘‘(v) The Department of Homeland 
Security, including the United States Fire 
Administration in the Federal Emergency 
Management Agency. 
‘‘(vi) The National Aeronautics and 
Space Administration. 
‘‘(vii) The National Science Founda-
tion. 
‘‘(viii) Other Federal agencies, as ap-
propriate.’’. 
(3) ROLE OF THE CHAIR.—Section 7001(a)(4) 
of such Act (33 U.S.C. 2761(a)(4)) is amended to 
read as follows: 
‘‘(4) CHAIR.— 
‘‘(A) IN
GENERAL.—A representative of 
the Coast Guard shall serve as Chair. 
‘‘(B) ROLE OF CHAIR.—The primary role 
of the Chair shall be to ensure that— 
‘‘(i) the activities of the Interagency 
Committee and the agencies listed in para-
graph (3)(B) are coordinated; 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
217 
‘‘(ii) the implementation plans re-
quired under subsection (b)(1) are com-
pleted and submitted; 
‘‘(iii) the annual reports required 
under subsection (e) are completed and 
submitted; 
‘‘(iv) 
the 
Interagency 
Committee 
meets in accordance with the requirements 
of paragraph (5); and 
‘‘(v) the Oil Pollution Research Advi-
sory Committee under subsection (f) is es-
tablished and utilized.’’. 
(4) ACTIVITIES.—Section 7001(a) of such Act 
(33 U.S.C. 2761(a)) is amended by adding at the 
end the following: 
‘‘(5) ACTIVITIES.— 
‘‘(A) ONGOING, COORDINATED EFFORTS.— 
The Interagency Committee shall ensure that 
the research, development, and demonstration 
efforts authorized by this section are coordi-
nated and conducted on an ongoing basis. 
‘‘(B) MEETINGS.— 
‘‘(i) IN
GENERAL.—The Interagency 
Committee shall meet, or otherwise com-
municate, as appropriate, to— 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
218 
‘‘(I) plan program-related activi-
ties; and 
‘‘(II) determine whether the pro-
gram is resulting in the development 
of new or improved methods and tech-
nologies to prevent, detect, respond to, 
contain, and mitigate oil discharge. 
‘‘(ii) FREQUENCY.—In no event shall 
the Interagency Committee meet less than 
once per year. 
‘‘(C) 
INFORMATION
EXCHANGE.—The 
Interagency Committee, acting through the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration, shall develop a national 
information clearinghouse on oil discharge 
that— 
‘‘(i) includes scientific information 
and research on preparedness, response, 
and restoration; and 
‘‘(ii) serves as a single electronic ac-
cess and input point for Federal agencies, 
emergency responders, the research com-
munity, and other interested parties for 
such information.’’. 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
219 
(c) OIL POLLUTION RESEARCH AND TECHNOLOGY 
PLAN.— 
(1) 
IMPLEMENTATION
PLAN.—Section 
7001(b)(1) of such Act (33 U.S.C. 2761(b)(1)) is 
amended— 
(A) by striking ‘‘180 days after the date of 
enactment of this Act’’ and inserting ‘‘180 days 
after the date of enactment of the Oil Pollution 
Research and Development Program Reauthor-
ization Act of 2011 and periodically thereafter, 
as appropriate, but not less than once every 5 
years’’; 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) identify the roles and responsibilities 
of each member agency of the Interagency 
Committee under subsection (a)(3)(A) and each 
of the collaborating agencies under subsection 
(a)(3)(B);’’; 
(C) in subparagraph (B) by inserting ‘‘con-
tainment,’’ after ‘‘response,’’; 
(D) in subparagraph (D) by inserting 
‘‘containment,’’ after ‘‘response,’’; 
(E) by striking ‘‘and’’ at the end of sub-
paragraph (E); 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
220 
(F) in subparagraph (F)— 
(i) by striking ‘‘the States, regional oil 
pollution research needs’’ and inserting 
‘‘State and tribal governments, regional oil 
pollution research needs, including natural 
seeps and pollution resulting from import-
ing oil from overseas,’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(G) by adding at the end the following new 
subparagraphs: 
‘‘(G) identify the information needed to 
conduct risk assessment and risk analysis re-
search to effectively prevent oil discharges, in-
cluding information on human factors and deci-
sionmaking, and to protect the environment; 
and 
‘‘(H) identify a methodology that— 
‘‘(i) provides for the solicitation, eval-
uation, preapproval, funding, and utiliza-
tion of technologies and research projects 
developed by the public and private sector 
in advance of future oil discharges; and 
‘‘(ii) where appropriate, ensures that 
such technologies are readily available for 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
221 
rapid testing and potential deployment and 
that research projects can be implemented 
during an incident response.’’. 
(2) ADVICE AND GUIDANCE.—Section 7001(b) 
of such Act (33 U.S.C. 2761(b)) is amended by 
striking paragraph (2) and all that follows through 
‘‘under this section.’’ and by inserting the following: 
‘‘(2) ADVICE AND GUIDANCE.— 
‘‘(A) IN GENERAL.—The Chair shall solicit 
advice and guidance in the development of the 
research plan under paragraph (1) from— 
‘‘(i) the Oil Pollution Research Advi-
sory Committee established under sub-
section (f); 
‘‘(ii) the National Institute of Stand-
ards and Technology on issues relating to 
quality assurance and standards measure-
ments; 
‘‘(iii) third party standard-setting or-
ganizations on issues relating to voluntary 
consensus standards; and 
‘‘(iv) the public in accordance with 
subparagraph (B). 
‘‘(B) PUBLIC
COMMENT.—Prior to the 
submission of the research plan to Congress 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
222 
under paragraph (1), the research plan shall be 
published in the Federal Register and subject 
to a public comment period of 30 days. The 
Chair shall review the public comments received 
and incorporate those comments into the plan, 
as appropriate.’’. 
(3) REVIEW.—Section 7001(b) of such Act (33 
U.S.C. 2761(b)) is further amended by adding at 
the end the following: 
‘‘(3) REVIEW.—After the submission of each re-
search plan to Congress under paragraph (1), the 
Chair shall contract with the National Academy of 
Sciences— 
‘‘(A) to review the research plan; 
‘‘(B) to assess the adequacy of the re-
search plan; and 
‘‘(C) to submit a report to Congress on the 
conclusions of the assessment. 
‘‘(4) 
INCORPORATION
OF
RECOMMENDA-
TIONS.—The Chair shall address any recommenda-
tions in the review conducted under paragraph (3) 
and shall incorporate such recommendations into the 
research plan, as appropriate.’’. 
(d) OIL POLLUTION RESEARCH AND DEVELOPMENT 
PROGRAM.— 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
223 
(1) ESTABLISHMENT.—Section 7001(c)(1) of 
such Act (33 U.S.C. 2761(c)(1)) is amended by 
striking ‘‘research and development, as provided in 
this subsection’’ and inserting ‘‘research, develop-
ment, and demonstration, as provided in this sub-
section and subsection (a)(2)’’. 
(2) 
INNOVATIVE
OIL
POLLUTION
TECH-
NOLOGY.—Section 7001(c)(2) of such Act (33 
U.S.C. 2761(c)(2)) is amended— 
(A) in the matter before subparagraph (A), 
by striking ‘‘preventing or mitigating’’ and in-
serting ‘‘preventing, detecting, containing, re-
covering, or mitigating’’; 
(B) by striking subparagraph (I); 
(C) by redesignating subparagraph (J) as 
subparagraph (I); 
(D) by striking the period at the end of 
subparagraph (I) (as so redesignated) and by 
inserting at the end a semicolon; and 
(E) by adding at the end the following: 
‘‘(J) technologies and methods to address 
oil discharge on land and in inland waters, 
coastal areas, offshore areas, including deep-
water and ultra-deepwater areas, and polar and 
other icy areas; and 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
224 
‘‘(K) modeling and simulation capabilities, 
including tools and technologies, that can be 
used to facilitate effective recovery and contain-
ment of oil discharge during incident re-
sponse.’’. 
(3) OIL
POLLUTION
TECHNOLOGY
EVALUA-
TION.—Section 7001(c)(3) of such Act (33 U.S.C. 
2761(c)(3)) is amended to read as follows: 
‘‘(3) OIL
POLLUTION
TECHNOLOGY
EVALUA-
TION.—The program established under this sub-
section shall provide for the evaluation of oil pollu-
tion prevention, containment, and mitigation tech-
nologies, including— 
‘‘(A) the evaluation of the performance and 
effectiveness of such technologies in preventing, 
detecting, containing, recovering, and miti-
gating oil discharges; 
‘‘(B) the evaluation of the environmental 
effects of the use of such technologies; 
‘‘(C) the evaluation and testing of tech-
nologies developed independently of the research 
and development program established under 
this subsection, including technologies developed 
by small businesses; 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
225 
‘‘(D) the establishment, with the advice 
and guidance of the National Institute of 
Standards and Technology, of standards and 
testing protocols traceable to national standards 
to measure the performance of oil pollution pre-
vention, 
containment, 
or 
mitigation 
tech-
nologies; 
‘‘(E) an evaluation of the environmental 
effects and utility of controlled field testing; 
‘‘(F) the use, where appropriate, of con-
trolled field testing to evaluate real-world appli-
cation of new or improved oil discharge preven-
tion, response, containment, recovery, or mitiga-
tion technologies; 
‘‘(G) an evaluation of the effectiveness of 
oil pollution prevention technologies based on 
probabilistic risk analyses of the system; and 
‘‘(H) research conducted by the Environ-
mental Protection Agency and other appro-
priate Federal agencies for the evaluation and 
testing of technologies that demonstrate— 
‘‘(i) maximum effectiveness, including 
application and delivery mechanisms; and 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
226 
‘‘(ii) minimum effects, including tox-
icity, to human health and the environment 
in both the near-term and long-term.’’. 
(4) OIL POLLUTION EFFECTS RESEARCH.—Sec-
tion 7001(c)(4) of such Act (33 U.S.C. 2761(c)(4)) 
is amended— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) IN GENERAL.— 
‘‘(i) 
ESTABLISHMENT.—The 
Inter-
agency Committee, acting through the Ad-
ministrator of the National Oceanic and 
Atmospheric Administration, shall estab-
lish a research program to monitor and 
scientifically evaluate the environmental ef-
fects, including long-term effects, of oil dis-
charge. 
‘‘(ii) 
SPECIFICATIONS.—Such 
pro-
gram shall include the following elements: 
‘‘(I) Research on and the devel-
opment of effective tools to detect, 
measure, observe, analyze, monitor, 
model, and forecast the presence, 
transport, fate, and effect of an oil 
discharge throughout the environ-
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
227 
ment, including tools and models to 
accurately measure and predict the 
flow of oil discharged. 
‘‘(II) The development of meth-
ods, including economic methods, to 
assess and predict damages to natural 
resources, including air quality, result-
ing from oil discharges, including in 
economically disadvantaged commu-
nities and areas. 
‘‘(III) The identification of types 
of ecologically sensitive areas at par-
ticular risk from oil discharges, such 
as inland waters, coastal areas, off-
shore areas, including deepwater and 
ultra-deepwater areas, and polar and 
other icy areas. 
‘‘(IV) The preparation of sci-
entific 
monitoring 
and 
evaluation 
plans for the areas identified under 
subclause (III) to be implemented in 
the event of major oil discharges in 
such areas. 
‘‘(V) The collection of environ-
mental baseline data in the areas 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS
228 
identified under subclause (III) if 
such data are insufficient. 
‘‘(VI) The use of both onshore 
and offshore air quality monitoring to 
study the effects of an oil discharge 
and oil discharge cleanup technologies 
on air quality. 
‘‘(VII) 
Making 
the 
results, 
health, and safety warnings readily 
available to the public, including 
emergency responders, the research 
community, local residents, and other 
interested parties. 
‘‘(VIII) Research on technologies, 
methods, and standards for protecting 
removal personnel and for volunteers 
that may participate in incident re-
sponses, including training, adequate 
supervision, 
protective 
equipment, 
maximum exposure limits, and decon-
tamination procedures.’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘(B) The Department 
of Commerce’’ and all that follows through 
VerDate Mar 15 2010 
20:49 May 23, 2011
Jkt 099200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6201
E:\BILLS\H1870.IH
H1870
jlentini on DSK4TPTVN1PROD with BILLS