S. 3515Senate111th Congress (2009-2011)In Committee

Federal Research and Technologies for Oil Spill Prevention and Response Act of 2010

Legislative Activity

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5 earlier actions

SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 502.

August 2, 2010

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SenateIntro Referral

Introduced in Senate

June 21, 2010

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S5204-5205)

June 21, 2010

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S5205-5206)

Environment and Public Works Committee

June 21, 2010

SenateCommittee

Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.

Environment and Public Works Committee

June 30, 2010

SenateCommittee

Committee on Environment and Public Works. Reported by Senator Boxer with an amendment in the nature of a substitute and an amendment to the title. With written report No. 111-242.

Environment and Public Works Committee

August 2, 2010

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 502.

August 2, 2010

Floor Debate

5 members

What members said about S. 3515 on the floor

5 Democrats

Sen. Jeff BingamanD-NM · Jun 21, 2010

Mr. President, today I am pleased to introduce the Outer Continental Shelf Reform Act of 2010. This act takes a number of important steps to ensure that the Outer Continental Shelf will be managed in a balanced, prudent, and vigilant way, to ensure energy production, safety, and protection of the environment. Its goal is to create a culture of excellence in this endeavor that benefits those who work in the oil industry, those who depend on other marine resources, and all Americans who care deeply about our oceans and coastal environment.

This legislation is being introduced against the backdrop of oil still gushing into the Gulf of Mexico more than 60 days after the initial explosion of the Deepwater Horizon rig. As the Congress formulates its overall response to this disaster, its first order of business must be to continue to care for the families of those who lost their lives in the rig explosion and those Gulf residents who are suffering every day through loss of livelihood and of places and wildlife that they love. Several Senate committees have important roles to play in formulating legislation in that regard.

At the same time, it also is essential that we look to the future, and to creating a better structure and system within the regulatory agency. That is a particular responsibility of the Committee on Energy and Natural Resources. One goal must be, of course, to prevent future disasters. But we can and must do more than that.

Congress should create organizational resources and a set of principles and requirements that will have safety, environmental protection, and innovation at its core. We should require that both industry and agency employees have the expertise, experience, and commitment to quality necessary to handle the complex issues involved. If we do this right, it is my hope that we can see tangible results on all fronts, and a shift away from the cascade of failures that led to the Deepwater Horizon accident and towards work of the highest quality.

Thus, this bill clarifies the multiple responsibilities of the Department of the Interior in managing the Outer Continental Shelf-- appropriate energy and other economic development and the protection of human health and safety and the marine and coastal environment. It reforms the structure of the regulatory apparatus of the Department consistent with these responsibilities. The new organizational structure requires that the Department avoid organizational conflicts of interest between its revenue-raising missions and its planning, permitting, and regulatory missions.

The bill increases the safety requirements for drilling wells, focusing on best available technology, a systems analysis, risk assessment, an evidentiary safety case, and a full engineering review. In furtherance of the development of these standards and their evolution of new and better technology, it requires new research programs within the Department, independent of the leasing program, whose data must be considered by the regulators. It provides dedicated funding for the highest priority research, including in the areas of well control and spill response, and an independent science advisory board outside the agency to provide oversight.

It establishes new requirements for investigation of all accidents and the public sharing of data from those reviews so that all can learn from mistakes before they become major problems. It allows the National Transportation Safety Board to provide an independent and highly skilled investigation of any accident at the request of the Secretary.

In order to fully enforce the safety requirements, the bill imposes an inspection fee on industry participants to fully fund enough well- trained inspectors to perform real and meaningful inspections more often. It also increases the sanctions on poor operators, including increased civil and criminal penalties applicable to those who violate the law, and the financial responsibility requirements to ensure that those who participate in development of the Outer Continental Shelf can afford to pay for any damage they cause.

The bill provides the Department of the Interior with adequate time to carry out necessary reviews, clarifies the issues that need to be addressed, and makes the input of other Federal agencies occur in a transparent way. In this way, the process will have more predictability and all stakeholders will have greater understanding of what is under consideration. The result will be better decisions that will be capable of being implemented with greater certainty.

Finally, the bill takes steps to ensure that the taxpayers will get a fair return for development of energy resources. The Secretary will be required to regularly review the amounts of royalties and other charges applicable to those developing the Outer Continental Shelf, compare them to charges levied by States and other countries, and consider whether adjustments are necessary to achieve fair fiscal policies.

I believe these policies and resources can set us on a new and constructive path toward managing the incredible natural resources of the Outer Continental Shelf. I welcome ideas from others that may enhance our ability in this regard. We must commit ourselves to the goal of excellence in this important endeavor. We start today.

I am pleased to be joined by Senator Murkowski, ranking Republican on the Energy and Natural Resources Committee, and Senator Dorgan, as original cosponsors of this bill.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Max BaucusD-MT · Jun 21, 2010

Mr. President, over the past several months, we have seen some improvement in our economy. One year ago, in the first quarter of 2009, GDP was declining at an annual rate of more than 6 percent. Just…

Mr. President, over the past several months, we have seen some improvement in our economy.

One year ago, in the first quarter of 2009, GDP was declining at an annual rate of more than 6 percent. Just 1 year later, in the first quarter of 2010, GDP grew at an annual rate of 3 percent.

This marks the third consecutive quarter of real economic growth.

It is not just the GDP that is growing. Consumer spending has risen at an annual rate of 3.5 percent this year. Manufacturing output rose 9 percent over the first 4 months of the year. Businesses have increased spending on equipment and boosted their inventory investments.

But one economic indicator continues to lag behind--employment.

The national unemployment rate stands at 9.7 percent. Over the course of this Great Recession, the American economy has lost more than 8 million jobs. In total, 15 million Americans remain out of work.

We must act to create jobs and get Americans back to work.

We began creating jobs with the 2009 Recovery Act. The nonpartisan Congressional Budget Office reports that last year's Recovery Act added 1.2 to 2.8 million people to America's payrolls.

In March, Congress passed the HIRE Act. The HIRE Act, which includes a payroll tax exemption for new hires, should help to bolster job creation in the coming months.

This week, we are considering the American Jobs and Closing Tax Loopholes Act. That bill will create jobs by providing tax cuts and certainty to American businesses. It will create jobs by improving our nation's infrastructure. And it will create jobs by making direct investments in jobs for young adults and needy families.

After we consider the American Jobs and Closing Tax Loopholes Act, the Senate will consider a small business jobs bill. The Finance and Small Business committees are currently writing that bill.

Today, I am introducing another important jobs bill. This bill will extend bonus depreciation through 2010. I am introducing this extension as a stand-alone bill because of the unique ability of bonus depreciation to help businesses and create jobs.

In 2008, Congress temporarily allowed businesses to recover the costs of certain capital expenditures more quickly than under ordinary depreciation schedules. The 2008 law allowed businesses to immediately write off 50 percent of the cost of depreciable property placed in service in 2008.

The Recovery Act extended bonus depreciation. But the provision expired at the end of 2009.

My bill would extend bonus depreciation to property placed in service in 2010.

Bonus depreciation provides a double benefit. It helps two sets of businesses. It helps the business that purchases the equipment. It helps the business that sells the equipment.

The businesses that purchase equipment can write off those purchases more quickly.

This provides a significant tax savings. That savings makes equipment more affordable and encourages purchases.

The savings gained from expensing, rather than the slower depreciation, allows businesses to use that money to invest in the business itself. Businesses can use those savings to hire employees.

The more purchases that are made, the more other businesses are helped. This proposal will help manufacturers and suppliers to retain and hire employees as their businesses rebound.

I have heard from a number of business owners in Montana that bonus depreciation has been extremely helpful for their business.

An extension of bonus depreciation will boost economic activity by hundreds of millions of dollars. It will create hundreds of jobs in my home state of Montana.

Bonus depreciation is a cost-effective provision that provides real relief for businesses. Bonus depreciation creates jobs.

I urge my Colleagues to support this important bill.

Sen. Mark Begich D-AK · Jun 21, 2010

Mr. President, I rise to introduce legislation requiring BP and other oil companies to set aside ample funding in an escrow account controlled--not by the company but by the Federal Government-- to address the damage and claims from a major catastrophic oil spill like the current Gulf of Mexico spill.

Twenty-one years ago, the oil tanker Exxon Valdez ran aground, gushing an estimated 11 million gallons of crude oil into Alaska waters. This was the worst oil spill in American history, with oil hitting 1,300 miles of shoreline and killing hundreds of thousands of birds and marine mammals. Thousands of hard-working Alaskans, just like the residents of the Gulf, lost millions of dollars as their livelihoods collapsed.

To add insult to injury, for nearly two decades Exxon fought the legitimate claims of Alaskans harmed by the spill for nearly two decades. The case went all the way to the Supreme Court when in 2008, the Court issued a final judgment, reducing Exxon's punitive liability to just 10 percent of what the original court had ordered. During those 19 years, hundreds of Alaskans entitled to damages had died; thousands of others' lives were forever harmed.

We Alaskans learned many lessons from the Exxon Valdez spill. One of the most important was to set up a system as early as possible to guarantee that those affected by oil spills are justly compensated. That is what my bill is designed to do. I am certainly pleased BP has agreed to set up an escrow account voluntarily, but I believe Congress should underscore their commitment in law and to protect Americans from future spills.

This bill, the Guaranteed Oil Spill Compensation Act of 2010, requires BP or any other party responsible for an oil spill interested in future Federal oil and gas leases to deposit into an escrow account held by the U.S. Government enough money to compensate those affected by a spill. In the event of a spill, the Secretary of Interior can make an assessment of outstanding liability under provisions of the Federal legislation passed in the aftermath of the Exxon Valdez, the Oil Pollution Act of 1990, OPA 90. The spiller must then deposit funds equal to the total liability minus the liability established for incident by OPA 90 into a separate fund to be administered by the Secretary for claims and costs related to that spill. Unexpended funds would be returned to the spiller at the earlier of 5 years after the date of deposit or the date the Secretary determines all Federal, State, and civil claims have been satisfied. The measure would have no affect on other liability.

I believe this legislation achieves what many of us want: ensuring Americans damaged by this oil spill and future catastrophic spills are fairly compensated in a timely way. This didn't happen to Alaskans with the Exxon Valdez. We must ensure it does happen for our Americans in the Gulf of Mexico. This is another tool as Congress works on liability reform designed to make those injured whole again, while at the same time allowing responsible companies to provide oil our country needs.

The Guaranteed Oil Spill Compensation Act of 2010 is the first of a package of bills I intend to introduce designed to make oil companies financially responsible for the cost of oil spills; expand scientific research, especially in the Arctic; provide a steady source of Federal funding for additional science and resources needed in the Far North to deal with oil and gas development; and provide greater citizen involvement in oil development.

Sen. Jeanne ShaheenD-NH · Jun 21, 2010

Mr. President, I rise today to join with my colleagues Senator Mark Udall and Chairman Jeff Bingaman of the Senate Energy Committee to introduce the Department of the Interior Research and…

Mr. President, I rise today to join with my colleagues Senator Mark Udall and Chairman Jeff Bingaman of the Senate Energy Committee to introduce the Department of the Interior Research and Technologies for Oil Spill Prevention and Response Act of 2010. Legislation intended to make sure we have the proper resources available to respond to future oil spills.

While we are still getting to the bottom of what caused the Deepwater Horizon disaster in the Gulf, one thing is absolutely clear: BP was totally unprepared to respond, contain and clean-up this kind of spill.

From ``junk shots'' to containment domes that failed to work at depth, BP was caught totally flat footed by this spill. Even BP's CEO, Tony Hayward, admitted that BP didn't ``have the tools in the toolbox'' to respond to this spill.

The oil and gas industry has poured significant sums of money into developing technologies to find and produce oil and gas, but when I asked oil executives at a recent Energy Committee hearing what they've done in the way of research and development to respond to and clean up oil spills the response I got was: little to nothing.

The technologies being used today in the Gulf are the same technologies we used twenty years ago to clean-up the Exxon Valdez spill. The oil and gas industry needs to do better. Since they won't do it themselves, they can pay the government to lead on research and development. We need to have updated, innovative, and effective technologies at the ready to clean up after any oil spill--large or small.

We have to make sure that--through proper research and development-- we are prepared to prevent and respond to future oil spills. And that is what my legislation is intended to do.

The legislation I am introducing today with Senators Udall and Bingaman does the following:

It creates a new Oil Spill research and development program

within the Interior Department to focus on research and

development technologies to respond to, contain and clean up

oil spills and ensure we're prepared to respond to future

spills.

It establishes an independent Scientific Advisory Board to

identify gaps and focus the research and development program

on priority areas. We know the concerns of the scientists

were ignored leading up to the Deepwater Horizon explosion.

This provision will make sure their important voices are

heard.

It makes the oil and gas industry pay for this critical

research and development. In order to make sure this import

effort has the resources it need to be successful, my

legislation creates a dedicated funding source to pay for

this research and development, and

this funding will come entirely from royalties, rent, and

bonuses from domestic oil and gas producers.

This legislation is one part of a broader effort to ensure that we are prepared for future oil spills and that the catastrophe in the Gulf never happens again.

I look forward to working with my colleagues to incorporate this legislation into comprehensive legislation the Senate is crafting to respond to the Deepwater Horizon spill and reform the federal agency responsible for oil and gas development in the outer continental shelf. I urge my colleagues to support this legislation so that we can ensure we are prepared to handle future oil spills.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Jeanne ShaheenD-NH · Jun 21, 2010

Mr. President, I rise today to join with my colleagues Senator Mark Udall and Chairman Jeff Bingaman of the Senate Energy Committee to introduce the Department of the Interior Research and…

We have to make sure that--through proper research and development-- we are prepared to prevent and respond to future oil spills. And that is what my legislation is intended to do.

The legislation I am introducing today with Senators Udall and Bingaman does the following:

It creates a new Oil Spill research and development program

within the Interior Department to focus on research and

development technologies to respond to, contain and clean up

oil spills and ensure we're prepared to respond to future

spills.

It establishes an independent Scientific Advisory Board to

identify gaps and focus the research and development program

on priority areas. We know the concerns of the scientists

were ignored leading up to the Deepwater Horizon explosion.

This provision will make sure their important voices are

heard.

It makes the oil and gas industry pay for this critical

research and development. In order to make sure this import

effort has the resources it need to be successful, my

legislation creates a dedicated funding source to pay for

this research and development, and

this funding will come entirely from royalties, rent, and

bonuses from domestic oil and gas producers.

This legislation is one part of a broader effort to ensure that we are prepared for future oil spills and that the catastrophe in the Gulf never happens again.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Show 1 more

Sen. John F. KerryD-MA · Jun 21, 2010

Mr. President, today Senator Lugar and I introduce, by request, a resolution of approval of the proposed agreement for peaceful nuclear cooperation between the United States and the Russian…

Bill Text

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Reported to SenateIssued August 2, 2010

Calendar No. 502

111th CONGRESS

2d Session

S. 3515

[Report No. 111–242]

IN THE SENATE OF THE UNITED STATES

June 21, 2010

Mrs. Shaheen (for herself, Mr. Udall of Colorado, and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

August 2, 2010

Reported by Mrs. Boxer, with an amendment and an amendment to the title

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To authorize and enhance the programs of the Department of the Interior relating to the detection of, response to, and mitigation and cleanup of oil spills on Federal land managed by the Department, and for other purposes.

Short title

This Act may be cited as the Department of the Interior Research and Technologies for Oil Spill Prevention and Response Act of 2010.

Purpose

The purpose of this Act is to maintain and enhance the world-class research and facilities of the Department of the Interior and to ensure that there is adequate knowledge, practices, and technologies to detect, respond to, contain, and clean up oil spills occurring on Federal land managed by the Department of the Interior, whether onshore or on the outer Continental Shelf.

Definitions

In this Act:

(1)

Board

The term Board means the Science and Technology Advisory Board established under section 5(a).

(2)

Fund

The term Fund means the Oil Spill Technology and Research Fund established by section 13(a).

(3)

Program

The term program means the program established under section 4(a).

Authorization of Department of the Interior oil spill research and development program

(a)

In general

The Secretary shall carry out a program of research, development, technology demonstration, and risk assessment to address issues associated with the detection of, response to, and mitigation and cleanup of oil spills occurring on Federal land managed by the Department of the Interior, whether onshore or on the outer Continental Shelf.

(b)

Specific Areas of Focus

The program shall include research, development, demonstration, validation, personnel training, and other activities relating to—

(1)

technologies, materials, methods, and practices—

(A)

to detect the release of hydrocarbons from leaking exploration or production equipment;

(B)

to characterize the rates of flow from leaking exploration and production equipment in locations that are remote or difficult to access;

(C)

to protect the safety of workers addressing hydrocarbon releases from exploration and production equipment;

(D)

to contain, respond to, and clean up oil spills, including with the use of dispersants, containment vessels, booms, and skimmers, particularly under worst-case release scenarios;

(E)

to contain, respond to, and clean up an oil spill in extreme or harsh conditions on the outer Continental Shelf; and

(F)

for environmental assessment, restoration, and long-term monitoring;

(2)

fundamental scientific characterization of the behavior of oil and natural gas in and on soil and water, including miscibility, plume behavior, emulsification, physical separation, and chemical and biological degradation;

(3)

behavior and effects of emulsified, dispersed, and submerged oil in water; and

(4)

modeling, simulation, and prediction of oil flows from releases and the trajectories of releases on the surface, the subsurface, and in water.

Science and Technology Advisory Board

(a)

In general

The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to establish an independent committee, to be known as the Science and Technology Advisory Board, to provide scientific and technical advice to the program, including—

(1)

the identification of knowledge gaps that the program should address;

(2)

the establishment of scientific and technical priorities; and

(3)

an annual review of the results and effectiveness of the program, including successful technology development.

(b)

Reports

Reports and recommendations of the Board shall promptly be made available to Congress and the public.

Research and Technology Plan

(a)

In general

Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Secretary, in consultation with the Board, shall develop and publish a research and technology plan for the program.

(b)

Contents

The plan under this section shall—

(1)

identify research needs and opportunities;

(2)

propose areas of focus for the program;

(3)

establish program priorities, including priorities for the research centers of excellence under section 7, demonstration projects under section 8, and research grants under section 9; and

(4)

estimate—

(A)

the extent of resources needed to conduct the program; and

(B)

timetables for completing research tasks under the program.

(c)

Publication

The Secretary shall timely publish—

(1)

the plan under this section; and

(2)

a review of the plan by the Board.

Research Centers of Excellence

(a)

Response technologies for deepwater, ultra deepwater, and other extreme environment oil spills

(1)

Establishment

The Secretary shall establish at 1 or more institutions of higher education a research center of excellence for the research, development, and demonstration of technologies necessary to respond to, contain, mitigate, and clean up deepwater, ultra deepwater, and other extreme environment oil spills.

(2)

Grants

The Secretary shall provide grants to the research center of excellence established under paragraph (1) to conduct and oversee basic and applied research in the technologies described in that paragraph.

(b)

Oil spill response and restoration

(1)

Establishment

The Secretary, in coordination with the Undersecretary of Commerce for Oceans and Atmosphere, shall establish at 1 or more institutions of higher education a research center of excellence for research and innovation in oil spill fate, behavior and effects, and damage assessment and restoration.

(2)

Grants

The Secretary shall provide grants to the research center of excellence established under paragraph (1) to conduct and oversee basic and applied research in the areas described in that paragraph.

(c)

Other research centers of excellence

The Secretary may establish such other research centers of excellence as the Secretary determines to be necessary for the research, development, and demonstration of technologies necessary to carry out this Act.

Demonstration Projects

(a)

In general

In carrying out the program, the Secretary shall conduct deepwater, ultra deepwater, and other extreme environment oil spill response demonstration projects for the purpose of developing and demonstrating new integrated deepwater oil spill mitigation and response systems that use the information and implement the improved practices and technologies developed from the program.

(b)

Requirements

The mitigation and response systems developed under subsection (a) shall use technologies and management practices for improving the response capabilities to deepwater oil spills, including—

(1)

improved oil flow monitoring and calculation;

(2)

improved oil spill response capability;

(3)

improved subsurface mitigation technologies;

(4)

improved capability to track and predict the flow and effects of oil discharges in both subsurface and surface areas for the purposes of making oil mitigation and response decisions; and

(5)

any other activities necessary to achieve the purposes of the program.

Research grants

In carrying out the program, the Secretary may award competitive grants in coordination with research centers of excellence under section 7 and consistent with the research and technology plan under section 6 to institutions of higher education or other research institutions—

(1)

to carry out projects that are relevant to the goals and priorities of the research and technology plan; and—

(2)

(A)

to advance research and development; or

(B)

to demonstrate technologies.

10.

Pilot programs for field testing technologies

(a)

In general

The Secretary, in coordination with the Administrator of the Environmental Protection Agency, shall conduct a pilot program to conduct field tests on new oil spill response, mitigation, and cleanup technologies developed under the program in the waters of the United States.

(b)

Results

The results of the field tests conducted under subsection (a) shall be used—

(1)

to refine oil spill technology research and development; and

(2)

to assist the Secretary and the Administrator of the Environmental Protection Agency in the development of safety and environmental regulations under this Act and other applicable laws.

11.

Peer review of proposals and research

(a)

In general

Any award of funds under the program shall be made only after the Secretary has carried out an impartial peer review of the scientific and technical merit of the proposals for the award.

(b)

Requirements

The Secretary shall ensure that any research conducted under the program shall be peer-reviewed, transparent, and made available to the public.

12.

Coordination with other agencies

(a)

In general

In carrying out this Act, the Secretary shall consult and coordinate, as appropriate, with other Federal agencies and programs, including the Interagency Coordinating Committee on Oil Pollution Research established under section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761).

(b)

Responsibility of the Secretary

Notwithstanding any requirements to consult or coordinate, the Secretary shall maintain authority, direction, and control of the program.

13.

Oil Spill Technology and Research Fund

(a)

Establishment

There is established in the Treasury of the United States a revolving fund, to be known as the Oil Spill Technology and Research Fund, consisting of such amounts as are transferred to the Fund under subsection (b), to be administered by the Secretary, to be available without fiscal year limitation and not subject to appropriation, to carry out the program.

(b)

Transfers to fund

From any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil and gas leases issued the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Mineral Leasing Act (30 U.S.C. 181 et seq.) that are deposited in the Treasury, and after distribution of any funds described in subsection (c), there shall be transferred to the Fund $25,000,000 for each of fiscal years 2010 through 2020, to remain available until expended.

(c)

Prior distributions

The distributions referred to in subsection (b) are those required by law—

(1)

to States and to the Reclamation Fund under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)); and

(2)

to other funds receiving amounts from Federal oil and gas leasing programs, including—

(A)

any recipients pursuant to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g));

(B)

the land and water conservation fund, pursuant to section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c));

(C)

the Historic Preservation Fund, pursuant to section 108 of the National Historic Preservation Act (16 U.S.C. 470h); and

(D)

the coastal impact assistance program established under section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a).

(d)

Prohibition

Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (a).

(e)

Annual reports

(1)

In general

Not later than 60 days after the end of each fiscal year beginning with fiscal year 2010, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year.

(2)

Contents

Each report shall include, for the fiscal year covered by the report, the following:

(A)

A statement of the amounts deposited into the Fund.

(B)

A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.

(C)

Recommendations for additional authorities to fulfill the purpose of the Fund.

(D)

A statement of the balance remaining in the Fund at the end of the fiscal year.

Short title

This Act may be cited as the Federal Research and Technologies for Oil Spill Prevention and Response Act of 2010.

Purposes

The purposes of this Act are—

(1)

to maintain and enhance the world-class research and facilities of the Federal Government; and

(2)

to ensure that there are adequate knowledge, practices, and technologies to detect, respond to, contain, and clean up oil spills, whether onshore or on the outer Continental Shelf.

Science and technology advice and guidance

Section 7001(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2761(b)) is amended—

(1)

in the matter following paragraph (2), by striking The National Institute of Standards and Technology and all that follows through this section.; and

(2)

by adding at the end the following:

(3)

Science and Technology Advisory Board

(A)

In General

The Chairman shall enter into appropriate arrangements with the National Academy of Sciences to establish an independent committee, to be known as the Science and Technology Advisory Board, to provide scientific and technical advice to the Interagency Committee relating to research carried out pursuant to the program established under subsection (c), including—

(i)

the identification of knowledge gaps that the program should address;

(ii)

the establishment of scientific and technical priorities; and

(iii)

an annual review of the results and effectiveness of the program, including successful technology development.

(B)

Reports

Reports and recommendations of the Board shall promptly be made available to Congress and the public.

(C)

National Institute of Standards and Technology

The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to activities of the Interagency Committee under this section.

Oil pollution research and development program

(a)

In general

Section 7001(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2761(c)) is amended—

(1)

in paragraph (2)—

(A)

in subparagraph (C), by striking and bioremediation and inserting bioremediation, containment vessels, booms, and skimmers, particularly under worst-case release scenarios;

(B)

in subparagraph (I), by striking and at the end;

(C)

by redesignating subparagraph (J) as subparagraph (L); and

(D)

by inserting after subparagraph (I) the following:

(J)

research, development, and demonstration of new or improved technologies and systems to contain, respond to, and clean up a discharge of oil in extreme or harsh conditions on the outer Continental Shelf;

(K)

research to evaluate the relative effectiveness and environmental impacts (including human and environmental toxicity) of dispersants; and

;

(2)

by redesignating subparagraphs (3) through (7) and (8) through (11) as paragraphs (4) through (8) and (11) through (14), respectively;

(3)

by inserting after paragraph (2) the following:

(3)

Authorization of agency oil discharge research and development programs

(A)

In general

The Secretary of the Interior, in coordination with the program established under this subsection, the Interagency Committee, and such other agencies as the President may designate, shall carry out a program of research, development, technology demonstration, and risk assessment to address issues associated with the detection of, response to, and mitigation and cleanup of discharges of oil occurring on Federal land managed by the Department of the Interior, whether onshore or on the outer Continental Shelf.

(B)

Specific areas of focus

The program established under this paragraph shall provide for research, development, demonstration, validation, personnel training, and other activities relating to new and improved technologies that are effective at preventing or mitigating oil discharges and that protect the environment, including technologies, materials, methods, and practices—

(i)

to detect the release of hydrocarbons from leaking exploration or production equipment;

(ii)

to characterize the rates of flow from leaking exploration and production equipment in locations that are remote or difficult to access;

(iii)

to protect the safety of workers addressing hydrocarbon releases from exploration and production equipment;

(iv)

to control or contain the release of hydrocarbons from a blowout or other loss of well control; and

(v)

in coordination with the Administrator and the Secretary of Commerce, for environmental assessment, restoration, and long-term monitoring.

;

(4)

in paragraph (5)(A)(i) (as redesignated by paragraph (2)), by striking the period at the end and inserting the following: “, including—

(I)

(II)

behavior and effects of emulsified, dispersed, and submerged oil in water; and

(III)

modeling, simulation, and prediction of oil flows from releases and the trajectories of releases on the surface, the subsurface, and in water.

;

(5)

in paragraph (7) (as redesignated by paragraph (2))—

(A)

by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively;

(B)

by striking The United States Coast Guard and inserting the following:

(A)

In general

The United States Coast Guard

; and

(C)

by adding at the end the following:

(B)

Extreme environmental condition demonstration projects

(i)

In general

The Secretary of the Interior, in conjunction with the heads of such other agencies as the President may designate, shall conduct deepwater, ultra deepwater, and other extreme environment oil discharge response demonstration projects for the purpose of developing and demonstrating new integrated deepwater oil discharge mitigation and response systems that use the information and implement the improved practices and technologies developed through the program under this subsection.

(ii)

Requirements

The mitigation and response systems developed under clause (i) shall use technologies and management practices for improving the response capabilities to deepwater oil discharges, including—

(I)

improved oil flow monitoring and calculation;

(II)

improved oil discharge response capability;

(III)

improved subsurface mitigation technologies;

(IV)

improved capability to track and predict the flow and effects of oil discharges in both subsurface and surface areas for the purposes of making oil mitigation and response decisions; and

(V)

any other activities necessary to achieve the purposes of the program.

;

(6)

by inserting after paragraph (8) (as redesignated by paragraph (2)) the following:

(9)

Research Centers of Excellence

(A)

Response Technologies for Deepwater, Ultra Deepwater, and Other Extreme Environment Oil Discharges

(i)

Establishment

The Secretary of the Interior shall establish at 1 or more institutions of higher education a research center of excellence for the research, development, and demonstration of technologies necessary to respond to, contain, mitigate, and clean up deepwater, ultra deepwater, and other extreme-environment discharges of oil.

(ii)

Grants

The Secretary shall provide grants to the research center of excellence established under clause (i) to conduct and oversee basic and applied research in the technologies described in that clause.

(B)

Oil Discharge Response and Restoration

(i)

Establishment

The Undersecretary of Commerce for Oceans and Atmosphere, in coordination with the Administrator and the Secretary of the Interior, shall establish at 1 or more institutions of higher education a research center of excellence for research and innovation in the fate of, behavior and effects of, and damage assessment and restoration relating to discharges of oil.

(ii)

Grants

The Undersecretary of Commerce for Oceans and Atmosphere shall provide grants to the research center of excellence established under clause (i) to conduct and oversee basic and applied research in the areas described in that clause.

(C)

Other Research Centers of Excellence

Any agency that is a member of the Interagency Committee may establish such other research centers of excellence as the agency determines to be necessary for the research, development, and demonstration of technologies necessary to carry out the program established under this subsection.

(10)

Pilot program

(A)

In general

The Secretary of the Interior and the Administrator shall jointly conduct a pilot program to conduct field tests, in the waters of the United States, of new oil discharge response, mitigation, and cleanup technologies developed under the program established under this subsection.

(B)

Results

The results of the field tests conducted under subparagraph (A) shall be used—

(i)

to refine oil discharge technology research and development; and

(ii)

to assist the Secretary of the Interior and the Administrator in the development of safety and environmental regulations under this Act and other applicable laws.

;

(7)

in paragraph (12) (as redesignated by paragraph (2)), in the first sentence—

(A)

by striking paragraph (8) and inserting paragraph (11); and

(B)

by striking paragraph (10) and inserting paragraph (13); and

(8)

by adding at the end the following:

(15)

Research and Technology Plan

(A)

In general

Not later than 1 year after the date of enactment of this paragraph, and every 2 years thereafter, the Chairman, in consultation with the Board, shall develop and publish a research and technology plan for the program established under this subsection.

(B)

Contents

The plan under this paragraph shall—

(i)

identify research needs and opportunities;

(ii)

propose areas of focus for the program;

(iii)

establish program priorities, including priorities for demonstration projects under paragraph (7), the research centers of excellence under paragraph (9), and research funding provided under paragraphs (11) and (12); and

(iv)

estimate—

(I)

the extent of resources needed to conduct the program; and

(II)

timetables for completing research tasks under the program.

(C)

Publication

The Chairman shall timely publish—

(i)

the plan under this paragraph; and

(ii)

a review of the plan by the Board.

(16)

Peer Review of Proposals and Research

(A)

In general

Any provision of funds under the program established under this subsection shall be made only after the agency providing the funding has carried out an impartial peer review of the scientific and technical merit of the proposals for the funding.

(B)

Requirements

The agency providing funding shall ensure that any research conducted under the program shall be peer-reviewed, transparent, and made available to the public.

(17)

Oil Discharge Technology and Research Fund

(A)

Establishment

There is established in the Treasury of the United States a revolving fund, to be known as the Oil Spill Technology and Research Fund (referred to in this paragraph as the Fund), consisting of such amounts as are transferred to the Fund under subparagraph (B), to be administered by the Chairman, to be available without fiscal year limitation and not subject to appropriation, to carry out the program established under this subsection.

(B)

Transfers to Fund

From any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil and gas leases issued the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Mineral Leasing Act (30 U.S.C. 181 et seq.) that are deposited in the Treasury, and after distribution of any funds described in subparagraph (C), there shall be transferred to the Fund $25,000,000 for each of fiscal years 2010 through 2020, to remain available until expended.

(C)

Prior Distributions

The distributions referred to in subparagraph (B) are those required by law—

(i)

to States and to the Reclamation Fund under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)); and

(ii)

to other funds receiving amounts from Federal oil and gas leasing programs, including—

(I)

any recipients pursuant to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g));

(II)

the land and water conservation fund, pursuant to section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c));

(III)

the Historic Preservation Fund, pursuant to section 108 of the National Historic Preservation Act (16 U.S.C. 470h); and

(IV)

the coastal impact assistance program established under section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a).

(D)

Prohibition

Amounts in the Fund may not be made available for any purpose other than a purpose described in subparagraph (A).

(E)

Annual Reports

(i)

In general

Not later than 60 days after the end of each fiscal year beginning with fiscal year 2010, the Chairman shall submit to the Committees on Appropriations, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Appropriations, Natural Resources, and Transportation and Infrastructure of the House of Representatives a report on the operation of the Fund during the fiscal year.

(ii)

Contents

Each report shall include, for the fiscal year covered by the report, the following:

(I)

A statement of the amounts deposited in the Fund.

(II)

A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.

(III)

Recommendations for additional authorities to fulfill the purpose of the Fund.

(IV)

A statement of the balance remaining in the Fund at the end of the fiscal year.

(b)

Conforming amendments

Section 7001(f) of the Oil Pollution Act of 1990 (33 U.S.C. 2761(f)) is amended—

(1)

in the matter preceding paragraph (1), by striking (c)(8) and inserting (c)(11);

(2)

in paragraph (1), by striking (c)(4) and inserting (c)(5);

(3)

in paragraph (2), by striking (c)(6) and inserting (c)(7); and

(4)

in the matter following paragraph (2), by striking (c)(8) and inserting (c)(11).

(c)

Technical amendment

Section 7001(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2761(a)(4)) is amended by inserting of the Interagency Committee (referred to in this section as the Chairman) before the period at the end.

Amend the title so as to read: A bill to authorize and enhance Federal programs relating to research on the detection of, response to, and mitigation and cleanup of oil spills, and for other purposes..

August 2, 2010

Reported with an amendment and an amendment to the title