Sec. 429. Oil pollution research and development program
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Section 7001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2761 ) is amended— by redesignating subsections (c), (d), (e), and
(f)as subsections (e), (f), (g), and (h), respectively; by striking subsections
(a)and
(b)and inserting the following: In this section— the term Chair means the Chairperson of the Interagency Committee designated under subsection (c)(2); the term Commandant means the Commandant of the Coast Guard; the term institution of higher education means an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001
(a)); the term Interagency Committee means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b); the term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere; and the term Vice-Chair means the Vice-Chairperson of the Interagency Committee designated under subsection (c)(3). There is established an Interagency Coordinating Committee on Oil Pollution Research. The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research. The Interagency Committee shall be composed of— at least 1 representative of the Coast Guard; at least 1 representative of the National Oceanic and Atmospheric Administration; at least 1 representative of the Environmental Protection Agency; at least 1 representative of the Department of the Interior; at least 1 representative of the Bureau of Safety and Environmental Enforcement; at least 1 representative of the Bureau of Ocean Energy Management; at least 1 representative of the United States Fish and Wildlife Service; at least 1 representative of the Department of Energy; at least 1 representative of the Pipeline and Hazardous Materials Safety Administration; at least 1 representative of the Federal Emergency Management Agency; at least 1 representative of the Navy; at least 1 representative of the Army Corps of Engineers; at least 1 representative of the United States Arctic Research Commission; and at least 1 representative of each of such other Federal agencies as the President considers to be appropriate. The Commandant shall designate a Chairperson from among members of the Interagency Committee selected under paragraph (1)(A). The Under Secretary shall designate a Vice-Chairperson from among members of the Interagency Committee selected under paragraph (1)(B). At a minimum, the members of the Interagency Committee shall meet once each quarter. After each meeting, a summary shall be made available by the Chair or Vice-Chair, as appropriate. The Interagency Committee shall— coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State and tribal governments, and other nations, as appropriate; and foster cost-effective research mechanisms, including the joint funding of research and the development of public-private partnerships for the purpose of expanding research. Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2019 , the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that— identifies current research programs conducted by Federal agencies, State and tribal governments, 4-year institutions of higher education, and corporate entities; assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment; identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges; establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects; assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil; estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks; summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and includes such other information or recommendations as the Interagency Committee determines to be appropriate. The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to— provide advice and guidance in the preparation and development of the research plan; assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and provide organization guidance regarding the implementation of the research plan, including delegation of topics and research among Federal agencies represented on the Interagency Committee. 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 its activities under this section. Not later than 10 years after the date of enactment of the Coast Guard Authorization Act of 2019 and every 10 years thereafter, the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection. ; in subsection (e), as redesignated by paragraph
(1)of this section— in paragraph (1), by inserting technology after research and ; in paragraph (2), in the matter preceding subparagraph (A)— by striking this subsection and inserting paragraph
(1); and by striking which are effective in preventing or mitigating oil discharges and which and inserting and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that ; in paragraph (4)(A)— in the matter preceding clause (i), by striking oil discharges. Such program shall and inserting acute and chronic oil discharges on coastal and marine resources (including impacts on protected areas such as sanctuaries) and protected species, and such program shall ; by redesignating clauses
(iii)and
(iv)as clauses
(iv)and (v), respectively; by inserting after clause
(ii)the following: Research to understand and quantify the effects of sublethal impacts of oil discharge on living natural marine resources, including impacts on pelagic fish species, marine mammals, and commercially and recreationally targeted fish and shellfish species. ; and by inserting after clause (v), as redesignated by subclause
(II)clause
(ii)of this subparagraph , the following: Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges. Potential impacts on ecosystems, habitat, and wildlife from the additional toxicity, heavy metal concentrations, and increased corrosiveness of mixed crude, such as diluted bitumen crude. Methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges. ; by striking paragraph
(7)and inserting the following: Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations. Nothing in subparagraph
(A)shall be construed as limiting the ability of the Interagency Committee to contract or partner with a facility or facilities other than the Center described in subparagraph
(A)for the purpose of oil pollution technology testing and evaluations, provided such a facility or facilities have testing and evaluation capabilities equal to or greater than those of such Center.
(C)In-kind contributions The Secretary of the Department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing, research and development, and for other purposes as the Secretary and the Administrator determine appropriate. Oil accepted under clause
(i)may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act. ; in paragraph (8)— in subparagraph (A), by striking subsection
(b)and inserting subsection
(d); and in subparagraph (D)(iii), by striking subsection (b)(1)(F) and inserting subsection
(d); and in paragraph (10)— by striking agencies represented on the Interagency Committee and inserting Under Secretary ; by inserting States, tribes, after research institutions, ; and by striking subsection
(b)and inserting subsection
(d); in subsection (f), as redesignated by paragraph
(1)of this section, by striking subsection
(b)and inserting subsection
(d); in subsection (g), as redesignated by paragraph
(1)of this section, by striking Chairman of the Interagency Committee and inserting Chair ; and in subsection (h), as redesignated by paragraph
(1)of this section, by striking subsection (c)(8) each place the term appears and inserting subsection (e)(8) .
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