[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 373 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 373
To amend title VII of the Oil Pollution Act of 1990, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2013
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 Technology
_______________________________________________________________________
A BILL
To amend title VII of the Oil Pollution Act of 1990, and for other
purposes.
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 Pollution Research and
Development Program Reauthorization Act of 2013''.
SEC. 2. FEDERAL OIL POLLUTION RESEARCH COMMITTEE.
(a) 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''.
(b) 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 Committee shall
consist of representatives from the following:
``(i) The Coast Guard.
``(ii) The Department of Commerce,
including the National Oceanic and Atmospheric
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 Standards
and Technology.
``(ii) The Department of Energy.
``(iii) The Department of Transportation,
including the Maritime Administration and the
Pipeline and Hazardous Materials Safety
Administration.
``(iv) The Department of Defense, including
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 Foundation.
``(viii) Other Federal agencies, as
appropriate.''.
(c) 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 paragraph
(3)(B) are coordinated;
``(ii) the implementation plans required
under subsection (b)(1) are completed 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 Advisory
Committee under subsection (f) is established
and utilized.''.
(d) 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 coordinated and conducted on an
ongoing basis.
``(B) Meetings.--
``(i) In general.--The Interagency
Committee shall meet, or otherwise communicate,
as appropriate, to--
``(I) plan program-related
activities; and
``(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.
``(ii) Frequency.--In no event shall the
Interagency Committee meet less than once per
year.
``(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--
``(i) includes scientific information and
research on preparedness, response, and
restoration; and
``(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.''.
SEC. 3. OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.
(a) Implementation Plan.--Section 7001(b)(1) of such Act (33 U.S.C.
2761(b)(1)) is amended--
(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'';
(2) by striking subparagraph (A) and inserting 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);'';
(3) in subparagraph (B) by inserting ``containment,'' after
``response,'';
(4) in subparagraph (D) by inserting ``containment,'' after
``response,'';
(5) by striking ``and'' at the end of subparagraph (E);
(6) in subparagraph (F)--
(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,''; and
(B) by striking the period at the end and inserting
a semicolon; and
(7) by adding at the end the following new subparagraphs:
``(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; and
``(H) identify a methodology that--
``(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; and
``(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.''.
(b) Advice and Guidance.--Section 7001(b)(2) of such Act (33 U.S.C.
2761(b)(2)) is amended to read as follows:
``(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 Advisory
Committee established under subsection (f);
``(ii) the National Institute of Standards
and Technology on issues relating to quality
assurance and standards measurements;
``(iii) third party standard-setting
organizations 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 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.''.
(c) Review.--Section 7001(b) of such Act (33 U.S.C. 2761(b)) is
amended by adding at the end the following:
``(3) Review.--After the submission of each research 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 research plan;
and
``(C) to submit a report to Congress on the
conclusions of the assessment.
``(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.''.
SEC. 4. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
(a) 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, development,
and demonstration, as provided in this subsection and subsection
(a)(2)''.
(b) Innovative Oil Pollution Technology.--Section 7001(c)(2) of
such Act (33 U.S.C. 2761(c)(2)) is amended--
(1) in the matter before subparagraph (A), by striking
``preventing or mitigating'' and inserting ``preventing,
detecting, containing, recovering, or mitigating'';
(2) by striking subparagraph (I);
(3) by striking the period at the end of subparagraph (J)
and inserting a semicolon;
(4) by redesignating subparagraph (J) as subparagraph (I);
and
(5) 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 deepwater and ultra-deepwater
areas, and polar and other icy areas; and
``(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.''.
(c) Oil Pollution Technology Evaluation.--Section 7001(c)(3) of
such Act (33 U.S.C. 2761(c)(3)) is amended to read as follows:
``(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--
``(A) the evaluation of the performance and
effectiveness of such technologies in preventing,
detecting, containing, recovering, and mitigating oil
discharges;
``(B) the evaluation of the environmental effects
of the use of such technologies;
``(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;
``(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;
``(E) an evaluation of the environmental effects
and utility of controlled field testing;
``(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;
``(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 Environmental
Protection Agency and other appropriate Federal
agencies for the evaluation and testing of technologies
that demonstrate--
``(i) maximum effectiveness, including
application and delivery mechanisms; and
``(ii) minimum effects, including toxicity,
to human health and the environment in both the
near-term and long-term.''.
(d) Oil Pollution Effects Research.--Section 7001(c)(4) of such Act
(33 U.S.C. 2761(c)(4)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) In general.--
``(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.
``(ii) Specifications.--Such program shall
include the following elements:
``(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.
``(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.
``(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.
``(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.
``(V) The collection of
environmental baseline data in the
areas 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 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.
``(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.'';
(2) in subparagraph (B)--
(A) by striking ``(B) The Department of Commerce''
and all that follows through ``future oil discharges.''
and inserting the following:
``(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--
``(i) the amount of oil discharged exceeds
250,000 gallons; and
``(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.'';
(B) by striking ``ATHOS I, and'' and inserting
``ATHOS I;''; and
(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.''; and
(3) in subparagraph (C) by striking ``Research'' and
inserting ``Coordination.--Research''.
(e) Demonstration Projects.--Section 7001(c)(6) of such Act (33
U.S.C. 2761(c)(6)) is amended--
(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.''; and
(2) in the second sentence by striking ``oil spill'' and
inserting ``oil discharge''.
(f) Simulated Environmental Testing.--Section 7001(c)(7) of such
Act (33 U.S.C. 2761(c)(7)) is amended by inserting ``Oil pollution
technology testing and evaluations shall be given priority over all
other activities performed at such Research Center.'' after
``evaluations.''.
(g) Regional Research Program.--
(1) In general.--Section 7001(c)(8) of such Act (33 U.S.C.
2761(c)(8)) is amended--
(A) in subparagraph (A)--
(i) by striking ``program of competitive
grants'' and inserting ``program of peer-
reviewed, competitive grants''; and
(ii) by striking ``(1989)'' and inserting
``(2009)'';
(B) in subparagraph (C) by striking ``the entity or
entities which'' and inserting ``at least one entity
that''; and
(C) by adding at the end the following new
subparagraph:
``(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.''.
(2) Funding.--Section 7001(c)(9) of such Act (33 U.S.C.
2761(c)(9)) is amended by striking ``1991'' and all that
follows through ``shall be available'' and inserting ``2014,
2015, 2016, 2017, and 2018, there are authorized to be
appropriated from amounts in the Fund $12,000,000''.
SEC. 5. INTERNATIONAL COOPERATION.
Section 7001(d) of such Act (33 U.S.C. 2761(d)) is amended to read
as follows:
``(d) International Cooperation.--In accordance with the research
plan submitted under subsection (b), the Interagency Committee shall
engage in international cooperation by--
``(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; and
``(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.''.
SEC. 6. ANNUAL REPORTS.
Section 7001(e) of such Act (33 U.S.C. 2761(e)) is amended to read
as follows:
``(e) Annual Report.--
``(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--
``(A) activities carried out under this section in
the preceding fiscal year, including--
``(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); and
``(ii) a summary of--
``(I) projects in which the agency
contributed funding or other resources;
``(II) major projects undertaken by
State and tribal governments, and
foreign governments; and
``(III) major projects undertaken
by the private sector and educational
institutions;
``(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; and
``(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.
``(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.''.
SEC. 7. ADVISORY COMMITTEE.
Section 7001 of such Act (33 U.S.C. 2761) is further amended--
(1) by striking subsection (f); and
(2) by inserting after subsection (e) the following:
``(f) 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').
``(2) Membership.--
``(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--
``(i) individuals with extensive knowledge
and research experience or operational
knowledge of prevention, detection, response,
containment, and mitigation of oil discharges;
``(ii) individuals broadly representative
of stakeholders affected by oil discharges; and
``(iii) other individuals, as determined by
the Chair.
``(B) Limitations.--The Chair shall--
``(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; and
``(ii) ensure that no class of individuals
described in clause (ii) or (iii) of
subparagraph (A) comprises more than \1/3\ of
the membership of the advisory committee.
``(C) Terms of service.--
``(i) In general.--Members shall be
appointed for a 3-year term and may serve for
not more than 2 terms, except as provided in
clause (iii).
``(ii) Vacancies.--Vacancy appointments
shall be for the remainder of the unexpired
term of the vacancy.
``(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.
``(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.
``(3) Duties.--The advisory committee shall review, advise,
and comment on Interagency Committee activities, including the
following:
``(A) Management and functioning of the Interagency
Committee.
``(B) Collaboration of the Interagency Committee
and the agencies listed in subsection (a)(3)(B).
``(C) The research and technology development of
new or improved response capabilities.
``(D) The use of cost-effective research
mechanisms.
``(E) Research, computation, and modeling needs and
other resources needed to develop a comprehensive
program of oil pollution research.
``(4) Subcommittees.--The advisory committee may establish
subcommittees of its members.
``(5) Meetings.--The advisory committee shall meet at least
once per year and at other times at the call of the
chairperson.
``(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.
``(7) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the advisory
committee.''.
SEC. 8. FUNDING.
(a) In General.--Section 7001 of such Act (33 U.S.C. 2761) is
further amended by adding at the end the following new subsection:
``(g) 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).
``(2) Specific allocations.--From the amounts in paragraph
(1), there are authorized to be appropriated--
``(A) $16,000,000 to the Administrator of the
National Oceanic and Atmospheric Administration
annually to carry out this section; and
``(B) $2,000,000 for each of fiscal years 2014,
2015, 2016, and 2017 to carry out the activities in
subsection (c)(6).''.
(b) Authorization.--Section 1012(a)(5)(C) of such Act (33 U.S.C.
2712(a)(5)(C)) is amended to read as follows:
``(C) notwithstanding section 9509(f) of the
Internal Revenue Code of 1986, not more than
$48,000,000 in each fiscal year shall be available to
carry out title VII of this Act; and''.
SEC. 9. ACCESS TO RESEARCH DURING AN EMERGENCY.
Section 7001 of such Act (33 U.S.C. 2761) is further amended by
adding at the end the following new subsection:
``(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.''.
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