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H.R.373 - Oil Pollution Research and Development Program Reauthorization Act of 2013
To amend title VII of the Oil Pollution Act of 1990, and for other purposes.
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Mrs. CAPPS (for herself, Mr. FARR, Mr. CONYERS, Mr. HOLT, Ms. LEE of California, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. FEDERAL OIL POLLUTION RESEARCH COMMITTEE.
‘(A) ONGOING, COORDINATED EFFORTS- The Interagency Committee shall ensure that the research, development, and demonstration efforts authorized by this section are coordinated and conducted on an ongoing basis.CommentsClose CommentsPermalink
‘(II) determine whether the program is resulting in the development of new or improved methods and technologies to prevent, detect, respond to, contain, and mitigate oil discharge.CommentsClose CommentsPermalink
‘(C) INFORMATION EXCHANGE- The Interagency Committee, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall develop a national information clearinghouse on oil discharge that--CommentsClose CommentsPermalink
‘(ii) serves as a single electronic access and input point for Federal agencies, emergency responders, the research community, and other interested parties for such information.’.CommentsClose CommentsPermalink
SEC. 3. OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.
(1) 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 Reauthorization Act of 2013 and periodically thereafter, as appropriate, but not less than once every 5 years’;CommentsClose CommentsPermalink
(A) by striking ‘the States’ through ‘research needs’ and inserting ‘State and tribal governments, regional oil pollution research needs, including natural seeps and pollution resulting from importing oil from overseas,’; andCommentsClose CommentsPermalink
‘(G) identify the information needed to conduct risk assessment and risk analysis research to effectively prevent oil discharges, including information on human factors and decisionmaking, and to protect the environment; andCommentsClose CommentsPermalink
‘(i) provides for the solicitation, evaluation, preapproval, funding, and utilization of technologies and research projects developed by the public and private sector in advance of future oil discharges; andCommentsClose CommentsPermalink
‘(ii) where appropriate, ensures that such technologies are readily available for rapid testing and potential deployment and that research projects can be implemented during an incident response.’.CommentsClose CommentsPermalink
‘(B) PUBLIC COMMENT- Prior to the submission of the research plan to Congress 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.’.CommentsClose CommentsPermalink
‘(4) INCORPORATION OF RECOMMENDATIONS- The Chair shall address any recommendations in the review conducted under paragraph (3) and shall incorporate such recommendations into the research plan, as appropriate.’.CommentsClose CommentsPermalink
SEC. 4. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment- Section 7001(c)(1) of such Act (
‘(J) technologies and methods to address oil discharge on land and in inland waters, coastal areas, offshore areas, including deepwater and ultra-deepwater areas, and polar and other icy areas; andCommentsClose CommentsPermalink
‘(K) modeling and simulation capabilities, including tools and technologies, that can be used to facilitate effective recovery and containment of oil discharge during incident response.’.CommentsClose CommentsPermalink
‘(3) OIL POLLUTION TECHNOLOGY EVALUATION- The program established under this subsection shall provide for the evaluation of oil pollution prevention, containment, and mitigation technologies, including--CommentsClose CommentsPermalink
‘(C) the evaluation and testing of technologies developed independently of the research and development program established under this subsection, including technologies developed by small businesses;CommentsClose CommentsPermalink
‘(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 prevention, containment, or mitigation technologies;CommentsClose CommentsPermalink
‘(F) the use, where appropriate, of controlled field testing to evaluate real-world application of new or improved oil discharge prevention, response, containment, recovery, or mitigation technologies;CommentsClose CommentsPermalink
‘(i) ESTABLISHMENT- The Interagency Committee, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall establish a research program to monitor and scientifically evaluate the environmental effects, including long-term effects, of oil discharge.CommentsClose CommentsPermalink
‘(I) Research on and the development of effective tools to detect, measure, observe, analyze, monitor, model, and forecast the presence, transport, fate, and effect of an oil discharge throughout the environment, including tools and models to accurately measure and predict the flow of oil discharged.CommentsClose CommentsPermalink
‘(II) The development of methods, including economic methods, to assess and predict damages to natural resources, including air quality, resulting from oil discharges, including in economically disadvantaged communities and areas.CommentsClose CommentsPermalink
‘(III) The identification of types of ecologically sensitive areas at particular risk from oil discharges, such as inland waters, coastal areas, offshore areas, including deepwater and ultra-deepwater areas, and polar and other icy areas.CommentsClose CommentsPermalink
‘(IV) The preparation of scientific monitoring and evaluation plans for the areas identified under subclause (III) to be implemented in the event of major oil discharges in such areas.CommentsClose CommentsPermalink
‘(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 and making the results of such monitoring and health and safety warnings readily available to the public, including emergency responders, the research community, local residents, and other interested parties.CommentsClose CommentsPermalink
‘(VII) Research on technologies, methods, and standards for protecting removal personnel and for volunteers that may participate in incident responses, including training, adequate supervision, protective equipment, maximum exposure limits, and decontamination procedures.’;CommentsClose CommentsPermalink
‘(B) CONDITIONS- The Interagency Committee, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall conduct research activities under subparagraph (A) for areas in which--CommentsClose CommentsPermalink
‘(ii) a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges.’;CommentsClose CommentsPermalink
(C) by striking the period at the end and inserting ‘; Prince William Sound, where oil was discharged by the EXXON VALDEZ; and the Gulf of Mexico, where oil was discharged by the DEEPWATER HORIZON.’; andCommentsClose CommentsPermalink
(1) by striking the first sentence and inserting the following: ‘The United States Coast Guard, in conjunction with such agencies as the President may designate, shall conduct a total of 2 port oil pollution minimization demonstration projects, 1 with the Ports of Los Angeles and Long Beach, California, and 1 with a port on the Great Lakes, for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems that utilize the information and implement the improved practices and technologies developed from the research, development, and demonstration program established in this section.’; andCommentsClose CommentsPermalink
(f) Simulated Environmental Testing- Section 7001(c)(7) of such Act (
‘(H) In carrying out this paragraph, the Interagency Committee shall coordinate the program of peer-reviewed, competitive grants to universities or other research institutions, including Minority Serving Institutions as defined under section 371(a) of the Higher Education Act of 1965 (
20 U.S.C. 1067q(a)), and provide consideration to such institutions in the recommendations for awarding grants.’.CommentsClose CommentsPermalink
(2) FUNDING- Section 7001(c)(9) of such Act (
SEC. 5. INTERNATIONAL COOPERATION.
‘(d) International Cooperation- In accordance with the research plan submitted under subsection (b), the Interagency Committee shall engage in international cooperation by--CommentsClose CommentsPermalink
‘(1) harnessing global expertise through collaborative partnerships with foreign governments and research entities, and domestic and foreign private actors, including nongovernmental organizations and private sector companies; andCommentsClose CommentsPermalink
‘(2) leveraging public and private capital, technology, expertise, and services towards innovative models that can be instituted to conduct collaborative oil pollution research, development, and demonstration activities, including controlled field tests of oil discharges and other activities designed to improve oil recovery and cleanup.’.CommentsClose CommentsPermalink
SEC. 6. ANNUAL REPORTS.
‘(1) IN GENERAL- Concurrent with the submission to Congress of the President’s annual budget request in each year after the date of enactment of the Oil Pollution Research and Development Program Reauthorization Act of 2013, the Chair of the Interagency Committee shall submit to Congress a report describing the--CommentsClose CommentsPermalink
‘(i) a description of major research conducted on oil discharge prevention, detection, containment, recovery, and mitigation techniques in all environments by each agency described in subparagraphs (A) and (B) of subsection (a)(3); andCommentsClose CommentsPermalink
‘(B) activities being carried out under this section in the current fiscal year, including a description of major research and development activities on oil discharge prevention, detection, containment, recovery, and mitigation technologies and techniques in all environments that each agency will conduct or contribute to; andCommentsClose CommentsPermalink
‘(C) activities proposed to be carried out under this section in the subsequent fiscal year, including an analysis of how these activities will further the purposes of the program authorized by this section.CommentsClose CommentsPermalink
‘(2) ADDITIONAL REQUIREMENT- If the National Academy of Sciences provides recommendations on the research plan under section 7001(b)(3), the Chair shall include, in the first annual report under paragraph (1) of this subsection, a description of those recommendations incorporated into the research plan, and a description of, and explanation for, any recommendations that are not included in such plan.’.CommentsClose CommentsPermalink
SEC. 7. ADVISORY COMMITTEE.
‘(1) ESTABLISHMENT- Not later than 90 days after the date of enactment of the Oil Pollution Research and Development Program Reauthorization Act of 2013, the Chair of the Interagency Committee shall establish an advisory committee to be known as the Oil Pollution Research Advisory Committee (in this subsection referred to as the ‘advisory committee’).CommentsClose CommentsPermalink
‘(A) IN GENERAL- The advisory committee shall be composed of members appointed by the Chair, in consultation with each member agency described in subsection (a)(3), including--CommentsClose CommentsPermalink
‘(i) individuals with extensive knowledge and research experience or operational knowledge of prevention, detection, response, containment, and mitigation of oil discharges;CommentsClose CommentsPermalink
‘(i) appoint no more than 25 members that shall not include representatives of the Federal Government, but may include representatives from State, tribal, and local governments; andCommentsClose CommentsPermalink
‘(iii) SPECIAL RULE- If a member is appointed to fill a vacancy and the remainder of the unexpired term is less than 1 year, the member may subsequently be appointed for 2 full terms.CommentsClose CommentsPermalink
‘(D) COMPENSATION AND EXPENSES- Members of the advisory committee shall not be compensated for service on the advisory committee, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink
‘(6) REPORT- The advisory committee shall submit biennial reports to the Interagency Committee and Congress on the function, activities, and progress of the Interagency Committee and the programs established under this section.CommentsClose CommentsPermalink
SEC. 8. FUNDING.
‘(1) IN GENERAL- There are authorized to be appropriated from amounts in the Fund not more than $48,000,000 annually to carry out this section, except for subsection (c)(8).CommentsClose CommentsPermalink
SEC. 9. ACCESS TO RESEARCH DURING AN EMERGENCY.
‘(h) Access to Research During an Emergency- Any entity that receives Federal funding for research, the methodologies or results of which may be useful for response activities in the event of an oil discharge incident described in sections 300.300-334 of title 40 of the Code of Federal Regulations, shall, upon request to that entity, make the methodologies or results of such research available to the Interagency Committee and the Federal On-Scene Coordinator (as defined in section 311(a)(21) of the Federal Water Pollution Control Act (
33 U.S.C. 1321(a)(21))). Any methodologies or research results made available under this subsection shall be for use only for purposes of the response activities with respect to the oil discharge incident and shall not be available for disclosure under section 552 of title 5, United States Code, or included in information made publicly available pursuant to this Act.’.CommentsClose CommentsPermalink