,,ii #aacth ,,congress #ast ,session ,s4 #adhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac ,ms4 ,cantwell introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,oil ,pollution ,act of #aiij to establish the ,federal ,oil ,spill ,research ,committee1 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 must be updated4 #a4 ,short title ,this ,act may be cited as the ,oil ,spill ,technology and ,research ,act of #bjac4 #b4 ,federal oil spill research committee 7a7 ,in general ,section #gjja of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgfa7 is amended to read as follows3 #gjja4 ,federal oil spill research committee 7a7 ,establishment ,there is established a committee1 to be known as the ,federal ,oil ,spill ,research ,committee 7referred to in this section as the ,committee74 7b7 ,membership 7#a7 ,composition ,the ,committee shall be composed of-- 7,a7 at least #a representative of the ,national ,oceanic and ,atmospheric ,administration2 7,b7 at least #a representative of the ,united ,states ,coast ,guard2 7,c7 at least #a representative of the ,environmental ,protection ,agency2 7,d7 at least #a representative of the ,department of the ,interior2 and 7,e7 at least #a representative of each of such other ,federal agencies as the ,president considers to be appropriate4 7#b7 ,chairperson ,the ,under ,secretary of ,commerce for ,oceans and ,atmosphere 7referred to in this section as the ,under ,secretary7 shall designate a ,chairperson from among members of the ,committee who represent the ,national ,oceanic and ,atmospheric ,administration4 7#c7 ,meetings ,at a minimum1 the members of the ,committee shall meet once each quarter4 7c7 ,duties of the committee 7#a7 ,research ,the ,committee shall-- 7,a7 coordinate a comprehensive program of oil pollution research1 technology development1 and demonstration among the ,federal agencies1 in cooperation and coordination with industry1 institutions of higher education1 research institutions1 ,state governments1 tribal governments1 and other countries1 as the ,committee considers to be appropriate2 and 7,b7 foster cost-effective research mechanisms1 including the cost sharing of research4 7#b7 ,reports on current state of oil discharge prevention and response capabilities 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,oil ,spill ,technology and ,research ,act of #bjac1 the ,committee shall submit to ,congress a report on the state of oil discharge prevention and response capabilities that-- 7i7 identifies current research programs conducted by governments1 universities1 and corporate entities2 7ii7 assesses the current status of knowledge on oil pollution prevention1 response1 and mitigation technologies2 7iii7 assesses applicability and effectiveness of the prevention1 response1 and mitigation technologies under clause 7ii7 to each class of crude1 bitumen crude1 and diluted bitumen crude2 7iv7 establishes national research priorities and goals for oil pollution technology development relating to prevention1 response1 mitigation1 and environmental effects2 7v7 identifies regional oil pollution research needs and priorities for a coordinated program of research at the regional level developed in consultation with the ,state and local governments and tribal governments2 7vi7 assesses the current state of discharge response equipment1 and determines areas in need of improvement1 including with respect to the quantity1 age1 quality1 and effectiveness of equipment1 or necessary technological improvements2 7vii7 evaluates-- 7,i7 regional ,federal1 ,state1 tribal1 and private vessel assets available for skim response2 and 7,,ii7 regional ,federal1 ,state1 tribal1 and private vessel assets available for general response needs1 such as data collection1 damage assessment1 and oiled wildlife response2 7viii7 assesses-- 7,i7 the current state of real-time data available to mariners1 including data on water level1 currents1 ice cover1 ice floes1 weather system tracking1 weather forecasting1 and other weather data2 7,,ii7 whether a lack of timely weather information increases the risk of oil discharges2 and 7,,iii7 whether marine weather zones impact the risk of oil discharge2 and 7ix7 includes such other information or recommendations as the ,committee determines to be appropriate4 7,b7 #e-year updates ,not later than #e years after the date of enactment of the ,oil ,spill ,technology and ,research ,act of #bjac1 and every #e years thereafter1 the ,committee shall submit to ,congress a report updating the information contained in the previous report submitted under subparagraph 7,a74 7d7 ,research and development program 7#a7 ,in general ,in carrying out the duties of the ,committee under subsection 7c77#a71 the ,committee shall establish a program to conduct oil pollution research and development4 7#b7 ,program elements ,the program established under paragraph 7#a7 shall provide for research1 development1 and demonstration of new or improved technologies and methods that are effective in preventing1 detecting1 responding to1 mitigating1 and restoring damage from oil discharges and that protect the environment1 including-- 7,a7 high priority research areas described in the reports under subsection 7c77#b72 7,b7 environmental effects of acute and chronic oil discharges on coastal and marine resources1 including impacts on protected areas1 such as sanctuaries1 and protected species2 7,c7 long-term effects of major discharges and the long-term cumulative effects of smaller endemic discharges2 7,d7 new technologies to detect accidental or intentional overboard discharges2 7,e7 response1 containment1 and removal capabilities1 such as improved booms1 oil skimmers1 and storage capacity2 7,f7 oil discharge risk assessment methods1 including the identification of areas of high risk and potential risk reductions for the prevention of discharges2 7,g7 capabilities for predicting the environmental fate1 transport1 and effects of oil discharges1 including prediction of the effectiveness of discharge response systems to contain and remove oil discharges1 and how these prediction capabilities vary by-- 7i7 marine weather zone2 7ii7 degree of available marine weather data2 7iii7 weather factors1 surface and wind currents1 and seasonality2 7iv7 weather zones which have ice cover1 ice floes1 or other ice features2 7v7 environmental factors1 such as naturally occurring oil consuming bacteria2 7vi7 bathymetric features1 such as islands and atolls2 7vii7 class of crude oil2 and 7viii7 mixed or thinned crude1 such as diluted bitumen crude2 7,h7 methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges2 7,i7 potential impacts on ecosystems1 habitat1 and wildlife from the additional toxicity1 heavy metal concentrations1 and increased corrosiveness of mixed crude1 such as diluted bitumen crude2 7,j7 methods to restore and rehabilitate natural resources and ecosystem services damaged by oil discharges2 7,k7 research and training1 in consultation with the ,national ,response ,team1 to improve the ability of industry and the ,federal ,government to remove an oil discharge quickly and effectively2 7,l7 technology and method development for oil pollution prevention1 such as improved blowout preventers and emergency shutoff equipment2 7,m7 oil pollution technology evaluation2 and 7,n7 any other priorities identified by the ,committee4 7#c7 ,implementation plan 7,a7 ,in general ,not later than #ahj days after the date of submission of the report under subsection 7c77#b77;,a71 the ,committee shall submit to ,congress a plan for the implementation of the program required by paragraph 7#a74 7,b7 ,assessment by national academy of sciences ,the ,chairperson of the ,committee1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 shall enter into an arrangement with the ,national ,academy of ,sciences under which the ,national ,academy of ,sciences shall-- 7i7 provide advice and guidance in the preparation and development of the plan required by subparagraph 7,a72 and 7ii7 assess the adequacy of the plan as submitted1 and submit a report to ,congress on the conclusions of the assessment4 7e7 ,grant program in support of research and development program 7#a7 ,in general ,the ,under ,secretary shall manage a program of competitive grants to universities or other research institutions1 including ,state universities or research institutions and tribal biologists1 or groups of universities or research institutions1 or partnerships between public entities1 nonprofit organizations1 universities or other research institutions1 for the purposes of conducting the program established under subsection 7d74 7#b7 ,applications and conditions ,in conducting the program1 the ,under ,secretary-- 7,a7 shall establish a notification and application procedure2 7,b7 may establish such conditions and require such assurances as are appropriate to ensure the efficiency and integrity of the grant program2 and 7,c7 may provide grants under the program on a matching or nonmatching basis4 7f7 ,advice and guidance 7#a7 ,in general ,the ,committee shall accept comments and input from ,state and local governments1 tribal governments1 industry representatives1 institutions of higher education1 and other stakeholders in carrying out the duties of the ,committee under subsection 7c74 7#b7 ,advisory council ,the ,committee may establish an advisory council consisting of nongovernment experts and stakeholders for the purpose of providing guidance to the ,committee on matters under this section4 7g7 ,facilitation ,the ,committee may develop joint partnerships or enter into memoranda of agreement or memoranda of understanding with institutions of higher education1 ,states1 and other entities1 including tribal biologists1 to facilitate the program required by subsection 7d74 7h7 ,annual reports ,not later than #a year after the date of enactment of the ,oil ,spill ,technology and ,research ,act of #bjac1 and annually thereafter1 the ,chairperson of the ,committee shall submit to ,congress a report that describes-- 7#a7 the activities carried out under this section during the preceding fiscal year2 and 7#b7 the activities that are proposed to be carried out under this section for the fiscal year during which the report is submitted4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,commerce to carry out this section #b1jjj1jjj for each of the fiscal years #bjac through #bjaf1 to remain available until expended4 4 7b7 ,termination of authority of interagency committee 7#a7 ,in general ,the ,interagency ,coordinating ,committee on ,oil ,pollution ,research established under section #gjja of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgfa7 7as in effect on the day before the date of enactment of this ,act71 and all authority of that ,committee1 terminate on the date of enactment of this ,act4 7#b7 ,funding ,any funds made available for the ,interagency ,coordinating ,committee on ,oil ,pollution ,research described in paragraph 7#a7 and remaining available as of the date of enactment of this ,act shall be transferred to and available for use by the ,federal ,oil ,spill ,research ,committee 7as established under section #b7;a7 of this ,act71 without further appropriation or fiscal year limitation4 #c4 ,response plan update requirement ,section #caa7;j77#e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j77#e77 is amended-- 7#a7 in subparagraph 7,d7-- 7,a7 by amending clause 7v7 to read as follows3 7v7 7,i7 be updated at least every #e years2 7,,ii7 require the use of the best available technology and methods to contain and remove1 to the maximum extent practicable1 a worst-case discharge 7including a discharge resulting from fire or explosion71 and to mitigate or prevent a substantial threat of such a discharge2 and 7,,iii7 be resubmitted for approval upon each update 7which shall be considered to be a significant change to the response plan7 under this clause2 2 7,b7 in clause 7vi71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7vii7 include planned and demonstrated investments in research relating to oil discharges1 risk assessment1 and development of technologies for oil discharge response and prevention4 2 and 7#b7 by adding at the end the following3 7,j7 ,technology standards ,the ,coast ,guard may establish requirements and issue guidance for the use of best available technology and methods under subparagraph 7,d77v71 which technology and methods shall be based on performance metrics and standards1 to the maximum extent practicable4 4 #d4 ,oil discharge technology investment 7a7 ,in general ,the ,secretary of the ,department in which the ,coast ,guard is operating 7referred to in this section as the ,secretary7 shall establish a program for the formal evaluation and validation of oil pollution containment and removal methods and technologies4 7b7 ,approval 7#a7 ,in general ,the program shall establish a process for new methods and technologies to be submitted1 evaluated1 and gain validation for use in responses to discharges of oil and inclusion in response plans4 7#b7 ,consideration of capability ,following each validation of a method or technology described in paragraph 7#a71 the ,secretary shall consider whether the method or technology meets a performance capability warranting designation of a new standard for best available methods or technology4 7#c7 ,lack of validation ,the lack of validation of a method or technology under this section shall not preclude-- 7,a7 the use of the method or technology in response to a discharge of oil2 or 7,b7 the inclusion of the method or technology in a response plan4 7c7 ,technology clearinghouse ,each method and technology validated under this section shall be included in the comprehensive list of discharge removal resources maintained through the ,national ,response ,unit of the ,coast ,guard4 7d7 ,consultation ,in carrying out this section1 the ,secretary shall consult with-- 7#a7 the ,secretary of the ,interior2 7#b7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7#c7 the ,administrator of the ,environmental ,protection ,agency2 and 7#d7 the ,secretary of ,transportation4 #e4 ,conforming amendment ,section #ejja7;c77#d7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgca7;c77#d77 is amended by striking 1 as part of its responsibilities under section #gjja7;b77#b74