,i #aacth ,,congress #ast ,session ,h4 ,r4 #cgc ,,in ,,the ,,house ,,of ,,representatives ,january #bc1 #bjac ,mrs4 ,capps 7for herself1 ,mr4 ,farr1 ,mr4 ,conyers1 ,mr4 ,holt1 ,ms4 ,lee of ,california1 and ,mr4 ,grijalva7 introduced the following bill2 which was referred to the ,committee on ,science1 ,space1 and ,technology ,a ,,bill ,to amend title ,,vii of the ,oil ,pollution ,act of #aiij1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,oil ,pollution ,research and ,development ,program ,reauthorization ,act of #bjac4 #b4 ,federal ,oil ,pollution ,research ,committee 7a7 ,purposes ,section #gjja7;a77#b7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgfa7;a77#b77 is amended by striking ,state and inserting ,state and tribal4 7b7 ,membership ,section #gjja7;a77#c7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;a77#c77 is amended to read as follows3 7#c7 ,structure 7,a7 ,members ,the ,interagency ,committee shall consist of representatives from the following3 7i7 ,the ,coast ,guard4 7ii7 ,the ,department of ,commerce1 including the ,national ,oceanic and ,atmospheric ,administration4 7iii7 ,the ,department of the ,interior4 7iv7 ,the ,environmental ,protection ,agency4 7,b7 ,collaborating agencies ,the ,interagency ,committee shall collaborate with the following3 7i7 ,the ,national ,institute of ,standards and ,technology4 7ii7 ,the ,department of ,energy4 7iii7 ,the ,department of ,transportation1 including the ,maritime ,administration and the ,pipeline and ,hazardous ,materials ,safety ,administration4 7iv7 ,the ,department of ,defense1 including the ,army ,corps of ,engineers and the ,navy4 7v7 ,the ,department of ,homeland ,security1 including the ,united ,states ,fire ,administration in the ,federal ,emergency ,management ,agency4 7vi7 ,the ,national ,aeronautics and ,space ,administration4 7vii7 ,the ,national ,science ,foundation4 7viii7 ,other ,federal agencies1 as appropriate4 4 7c7 ,role of the ,chair ,section #gjja7;a77#d7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;a77#d77 is amended to read as follows3 7#d7 ,chair 7,a7 ,in general ,a representative of the ,coast ,guard shall serve as ,chair4 7,b7 ,role of ,chair ,the primary role of the ,chair shall be to ensure that-- 7i7 the activities of the ,interagency ,committee and the agencies listed in paragraph 7#c77;,b7 are coordinated2 7ii7 the implementation plans required under subsection 7b77#a7 are completed and submitted2 7iii7 the annual reports required under subsection 7e7 are completed and submitted2 7iv7 the ,interagency ,committee meets in accordance with the requirements of paragraph 7#e72 and 7v7 the ,oil ,pollution ,research ,advisory ,committee under subsection 7f7 is established and utilized4 4 7d7 ,activities ,section #gjja7;a7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;a77 is amended by adding at the end the following3 7#e7 ,activities 7,a7 ,ongoing1 coordinated efforts ,the ,interagency ,committee shall ensure that the research1 development1 and demonstration efforts authorized by this section are coordinated and conducted on an ongoing basis4 7,b7 ,meetings 7i7 ,in general ,the ,interagency ,committee shall meet1 or otherwise communicate1 as appropriate1 to-- 7,i7 plan program-related activities2 and 7,,ii7 determine whether the program is resulting in the development of new or improved methods and technologies to prevent1 detect1 respond to1 contain1 and mitigate oil discharge4 7ii7 ,frequency ,in no event shall the ,interagency ,committee meet less than once per year4 7,c7 ,information exchange ,the ,interagency ,committee1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 shall develop a national information clearinghouse on oil discharge that-- 7i7 includes scientific information and research on preparedness1 response1 and restoration2 and 7ii7 serves as a single electronic access and input point for ,federal agencies1 emergency responders1 the research community1 and other interested parties for such information4 4 #c4 ,oil pollution research and technology plan 7a7 ,implementation ,plan ,section #gjja7;b77#a7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;b77#a77 is amended-- 7#a7 by striking #ahj days after the date of enactment of this ,act and inserting #ahj days after the date of enactment of the ,oil ,pollution ,research and ,development ,program ,reauthorization ,act of #bjac and periodically thereafter1 as appropriate1 but not less than once every #e years2 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 identify the roles and responsibilities of each member agency of the ,interagency ,committee under subsection 7a77#c77;,a7 and each of the collaborating agencies under subsection 7a77#c77;,b72 2 7#c7 in subparagraph 7,b7 by inserting containment1 after response12 7#d7 in subparagraph 7,d7 by inserting containment1 after response12 7#e7 by striking and at the end of subparagraph 7,e72 7#f7 in subparagraph 7,f7-- 7,a7 by striking the ,states through research needs and inserting ,state and tribal governments1 regional oil pollution research needs1 including natural seeps and pollution resulting from importing oil from overseas12 and 7,b7 by striking the period at the end and inserting a semicolon2 and 7#g7 by adding at the end the following new subparagraphs3 7,g7 identify the information needed to conduct risk assessment and risk analysis research to effectively prevent oil discharges1 including information on human factors and decisionmaking1 and to protect the environment2 and 7,h7 identify a methodology that-- 7i7 provides for the solicitation1 evaluation1 preapproval1 funding1 and utilization of technologies and research projects developed by the public and private sector in advance of future oil discharges2 and 7ii7 where appropriate1 ensures that such technologies are readily available for rapid testing and potential deployment and that research projects can be implemented during an incident response4 4 7b7 ,advice and guidance ,section #gjja7;b77#b7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;b77#b77 is amended to read as follows3 7#b7 ,advice and guidance 7,a7 ,in general ,the ,chair shall solicit advice and guidance in the development of the research plan under paragraph 7#a7 from-- 7i7 the ,oil ,pollution ,research ,advisory ,committee established under subsection 7f72 7ii7 the ,national ,institute of ,standards and ,technology on issues relating to quality assurance and standards measurements2 7iii7 third party standard-setting organizations on issues relating to voluntary consensus standards2 and 7iv7 the public in accordance with subparagraph 7,b74 7,b7 ,public comment ,prior to the submission of the research plan to ,congress under paragraph 7#a71 the research plan shall be published in the ,federal ,register and subject to a public comment period of #cj days4 ,the ,chair shall review the public comments received and incorporate those comments into the plan1 as appropriate4 4 7c7 ,review ,section #gjja7;b7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;b77 is amended by adding at the end the following3 7#c7 ,review ,after the submission of each research plan to ,congress under paragraph 7#a71 the ,chair shall contract with the ,national ,academy of ,sciences-- 7,a7 to review the research plan2 7,b7 to assess the adequacy of the research plan2 and 7,c7 to submit a report to ,congress on the conclusions of the assessment4 7#d7 ,incorporation of recommendations ,the ,chair shall address any recommendations in the review conducted under paragraph 7#c7 and shall incorporate such recommendations into the research plan1 as appropriate4 4 #d4 ,oil pollution research and development program 7a7 ,establishment ,section #gjja7;c77#a7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;c77#a77 is amended by striking research and development1 as provided in this subsection and inserting research1 development1 and demonstration1 as provided in this subsection and subsection 7a77#b74 7b7 ,innovative oil pollution technology ,section #gjja7;c77#b7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;c77#b77 is amended-- 7#a7 in the matter before subparagraph 7,a71 by striking preventing or mitigating and inserting preventing1 detecting1 containing1 recovering1 or mitigating2 7#b7 by striking subparagraph 7,i72 7#c7 by striking the period at the end of subparagraph 7,j7 and inserting a semicolon2 7#d7 by redesignating subparagraph 7,j7 as subparagraph 7,i72 and 7#e7 by adding at the end the following3 7,j7 technologies and methods to address oil discharge on land and in inland waters1 coastal areas1 offshore areas1 including deepwater and ultra-deepwater areas1 and polar and other icy areas2 and 7,k7 modeling and simulation capabilities1 including tools and technologies1 that can be used to facilitate effective recovery and containment of oil discharge during incident response4 4 7c7 ,oil pollution technology evaluation ,section #gjja7;c77#c7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;c77#c77 is amended to read as follows3 7#c7 ,oil pollution technology evaluation ,the program established under this subsection shall provide for the evaluation of oil pollution prevention1 containment1 and mitigation technologies1 including-- 7,a7 the evaluation of the performance and effectiveness of such technologies in preventing1 detecting1 containing1 recovering1 and mitigating oil discharges2 7,b7 the evaluation of the environmental effects of the use of such technologies2 7,c7 the evaluation and testing of technologies developed independently of the research and development program established under this subsection1 including technologies developed by small businesses2 7,d7 the establishment1 with the advice and guidance of the ,national ,institute of ,standards and ,technology1 of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention1 containment1 or mitigation technologies2 7,e7 an evaluation of the environmental effects and utility of controlled field testing2 7,f7 the use1 where appropriate1 of controlled field testing to evaluate real-world application of new or improved oil discharge prevention1 response1 containment1 recovery1 or mitigation technologies2 7,g7 an evaluation of the effectiveness of oil pollution prevention technologies based on probabilistic risk analyses of the system2 and 7,h7 research conducted by the ,environmental ,protection ,agency and other appropriate ,federal agencies for the evaluation and testing of technologies that demonstrate-- 7i7 maximum effectiveness1 including application and delivery mechanisms2 and 7ii7 minimum effects1 including toxicity1 to human health and the environment in both the near-term and long-term4 4 7d7 ,oil pollution effects research ,section #gjja7;c77#d7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;c77#d77 is amended-- 7#a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general 7i7 ,establishment ,the ,interagency ,committee1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 shall establish a research program to monitor and scientifically evaluate the environmental effects1 including long-term effects1 of oil discharge4 7ii7 ,specifications ,such program shall include the following elements3 7,i7 ,research on and the development of effective tools to detect1 measure1 observe1 analyze1 monitor1 model1 and forecast the presence1 transport1 fate1 and effect of an oil discharge throughout the environment1 including tools and models to accurately measure and predict the flow of oil discharged4 7,,ii7 ,the development of methods1 including economic methods1 to assess and predict damages to natural resources1 including air quality1 resulting from oil discharges1 including in economically disadvantaged communities and areas4 7,,iii7 ,the identification of types of ecologically sensitive areas at particular risk from oil discharges1 such as inland waters1 coastal areas1 offshore areas1 including deepwater and ultra-deepwater areas1 and polar and other icy areas4 7,,iv7 ,the preparation of scientific monitoring and evaluation plans for the areas identified under subclause 7,,iii7 to be implemented in the event of major oil discharges in such areas4 7,v7 ,the collection of environmental baseline data in the areas identified under subclause 7,,iii7 if such data are insufficient4 7,,vi7 ,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 public1 including emergency responders1 the research community1 local residents1 and other interested parties4 7,,vii7 ,research on technologies1 methods1 and standards for protecting removal personnel and for volunteers that may participate in incident responses1 including training1 adequate supervision1 protective equipment1 maximum exposure limits1 and decontamination procedures4 2 7#b7 in subparagraph 7,b7-- 7,a7 by striking 7,b7 ,the ,department of ,commerce and all that follows through future oil discharges4 and inserting the following3 7,b7 ,conditions ,the ,interagency ,committee1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 shall conduct research activities under subparagraph 7,a7 for areas in which-- 7i7 the amount of oil discharged exceeds #bej1jjj gallons2 and 7ii7 a study of the long-term environmental effects of the discharge would be of significant scientific value1 especially for preventing or responding to future oil discharges4 2 7,b7 by striking ,,athos ,i1 and and inserting ,,athos ,i22 and 7,c7 by striking the period at the end and inserting 2 ,prince ,william ,sound1 where oil was discharged by the ,,exxon ,,valdez2 and the ,gulf of ,mexico1 where oil was discharged by the ,,deepwater ,,horizon42 and 7#c7 in subparagraph 7,c7 by striking ,research and inserting ,coordination4--,research4 7e7 ,demonstration projects ,section #gjja7;c77#f7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;c77#f77 is amended-- 7#a7 by striking the first sentence and inserting the following3 ,the ,united ,states ,coast ,guard1 in conjunction with such agencies as the ,president may designate1 shall conduct a total of #b port oil pollution minimization demonstration projects1 #a with the ,ports of ,los ,angeles and ,long ,beach1 ,california1 and #a with a port on the ,great ,lakes1 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 research1 development1 and demonstration program established in this section42 and 7#b7 in the second sentence by striking oil spill and inserting oil discharge4 7f7 ,simulated ,environmental ,testing ,section #gjja7;c77#g7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;c77#g77 is amended by inserting ,oil pollution technology testing and evaluations shall be given priority over all other activities performed at such ,research ,center4 after evaluations44 7g7 ,regional research program 7#a7 ,in general ,section #gjja7;c77#h7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;c77#h77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by striking program of competitive grants and inserting program of peer-reviewed1 competitive grants2 and 7ii7 by striking 7#aihi7 and inserting 7#bjji72 7,b7 in subparagraph 7,c7 by striking the entity or entities which and inserting at least one entity that2 and 7,c7 by adding at the end the following new subparagraph3 7,h7 ,in carrying out this paragraph1 the ,interagency ,committee shall coordinate the program of peer-reviewed1 competitive grants to universities or other research institutions1 including ,minority ,serving ,institutions as defined under section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a771 and provide consideration to such institutions in the recommendations for awarding grants4 4 7#b7 ,funding ,section #gjja7;c77#i7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;c77#i77 is amended by striking #aiia and all that follows through shall be available and inserting #bjad1 #bjae1 #bjaf1 #bjag1 and #bjah1 there are authorized to be appropriated from amounts in the ,fund #ab1jjj1jjj4 #e4 ,international cooperation ,section #gjja7;d7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;d77 is amended to read as follows3 7d7 ,international cooperation ,in accordance with the research plan submitted under subsection 7b71 the ,interagency ,committee shall engage in international cooperation by-- 7#a7 harnessing global expertise through collaborative partnerships with foreign governments and research entities1 and domestic and foreign private actors1 including nongovernmental organizations and private sector companies2 and 7#b7 leveraging public and private capital1 technology1 expertise1 and services towards innovative models that can be instituted to conduct collaborative oil pollution research1 development1 and demonstration activities1 including controlled field tests of oil discharges and other activities designed to improve oil recovery and cleanup4 4 #f4 ,annual reports ,section #gjja7;e7 of such ,act 7#cc ,u4,s4,c4 #bgfa7;e77 is amended to read as follows3 7e7 ,annual report 7#a7 ,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 #bjac1 the ,chair of the ,interagency ,committee shall submit to ,congress a report describing the-- 7,a7 activities carried out under this section in the preceding fiscal year1 including-- 7i7 a description of major research conducted on oil discharge prevention1 detection1 containment1 recovery1 and mitigation techniques in all environments by each agency described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#c72 and 7ii7 a summary of-- 7,i7 projects in which the agency contributed funding or other resources2 7,,ii7 major projects undertaken by ,state and tribal governments1 and foreign governments2 and 7,,iii7 major projects undertaken by the private sector and educational institutions2 7,b7 activities being carried out under this section in the current fiscal year1 including a description of major research and development activities on oil discharge prevention1 detection1 containment1 recovery1 and mitigation technologies and techniques in all environments that each agency will conduct or contribute to2 and 7,c7 activities proposed to be carried out under this section in the subsequent fiscal year1 including an analysis of how these activities will further the purposes of the program authorized by this section4 7#b7 ,additional requirement ,if the ,national ,academy of ,sciences provides recommendations on the research plan under section #gjja7;b77#c71 the ,chair shall include1 in the first annual report under paragraph 7#a7 of this subsection1 a description of those recommendations incorporated into the research plan1 and a description of1 and explanation for1 any recommendations that are not included in such plan4 4 #g4 ,advisory committee ,section #gjja of such ,act 7#cc ,u4,s4,c4 #bgfa7 is further amended-- 7#a7 by striking subsection 7f72 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,advisory committee 7#a7 ,establishment ,not later than #ij days after the date of enactment of the ,oil ,pollution ,research and ,development ,program ,reauthorization ,act of #bjac1 the ,chair of the ,interagency ,committee shall establish an advisory committee to be known as the ,oil ,pollution ,research ,advisory ,committee 7in this subsection referred to as the advisory committee74 7#b7 ,membership 7,a7 ,in general ,the advisory committee shall be composed of members appointed by the ,chair1 in consultation with each member agency described in subsection 7a77#c71 including-- 7i7 individuals with extensive knowledge and research experience or operational knowledge of prevention1 detection1 response1 containment1 and mitigation of oil discharges2 7ii7 individuals broadly representative of stakeholders affected by oil discharges2 and 7iii7 other individuals1 as determined by the ,chair4 7,b7 ,limitations ,the ,chair shall-- 7i7 appoint no more than #be members that shall not include representatives of the ,federal ,government1 but may include representatives from ,state1 tribal1 and local governments2 and 7ii7 ensure that no class of individuals described in clause 7ii7 or 7iii7 of subparagraph 7,a7 comprises more than #a_/c of the membership of the advisory committee4 7,c7 ,terms of service 7i7 ,in general ,members shall be appointed for a #c-year term and may serve for not more than #b terms1 except as provided in clause 7iii74 7ii7 ,vacancies ,vacancy appointments shall be for the remainder of the unexpired term of the vacancy4 7iii7 ,special rule ,if a member is appointed to fill a vacancy and the remainder of the unexpired term is less than #a year1 the member may subsequently be appointed for #b full terms4 7,d7 ,compensation and expenses ,members of the advisory committee shall not be compensated for service on the advisory committee1 but may be allowed travel expenses1 including per diem in lieu of subsistence1 in accordance with subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#c7 ,duties ,the advisory committee shall review1 advise1 and comment on ,interagency ,committee activities1 including the following3 7,a7 ,management and functioning of the ,interagency ,committee4 7,b7 ,collaboration of the ,interagency ,committee and the agencies listed in subsection 7a77#c77;,b74 7,c7 ,the research and technology development of new or improved response capabilities4 7,d7 ,the use of cost-effective research mechanisms4 7,e7 ,research1 computation1 and modeling needs and other resources needed to develop a comprehensive program of oil pollution research4 7#d7 ,subcommittees ,the advisory committee may establish subcommittees of its members4 7#e7 ,meetings ,the advisory committee shall meet at least once per year and at other times at the call of the chairperson4 7#f7 ,report ,the advisory committee shall submit biennial reports to the ,interagency ,committee and ,congress on the function1 activities1 and progress of the ,interagency ,committee and the programs established under this section4 7#g7 ,expiration ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the advisory committee4 4 #h4 ,funding 7a7 ,in general ,section #gjja of such ,act 7#cc ,u4,s4,c4 #bgfa7 is further amended by adding at the end the following new subsection3 7g7 ,funding 7#a7 ,in general ,there are authorized to be appropriated from amounts in the ,fund not more than #dh1jjj1jjj annually to carry out this section1 except for subsection 7c77#h74 7#b7 ,specific allocations ,from the amounts in paragraph 7#a71 there are authorized to be appropriated-- 7,a7 #af1jjj1jjj to the ,administrator of the ,national ,oceanic and ,atmospheric ,administration annually to carry out this section2 and 7,b7 #b1jjj1jjj for each of fiscal years #bjad1 #bjae1 #bjaf1 and #bjag to carry out the activities in subsection 7c77#f74 4 7b7 ,authorization ,section #ajab7;a77#e77;,c7 of such ,act 7#cc ,u4,s4,c4 #bgab7;a77#e77;,c77 is amended to read as follows3 7,c7 notwithstanding section #ieji7;f7 of the ,internal ,revenue ,code of #aihf1 not more than #dh1jjj1jjj in each fiscal year shall be available to carry out title ,,vii of this ,act2 and 4 #i4 ,access to research during an emergency ,section #gjja of such ,act 7#cc ,u4,s4,c4 #bgfa7 is further amended by adding at the end the following new subsection3 7h7 ,access to research during an emergency ,any entity that receives ,federal funding for research1 the methodologies or results of which may be useful for response activities in the event of an oil discharge incident described in sections #cjj4cjj-ccd of title #dj of the ,code of ,federal ,regulations1 shall1 upon request to that entity1 make the methodologies or results of such research available to the ,interagency ,committee and the ,federal ,on-,scene ,coordinator 7as defined in section #caa7;a77#ba7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;a77#ba7774 ,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 #eeb of title #e1 ,united ,states ,code1 or included in information made publicly available pursuant to this ,act4 4