33 U.S.C. § 2761 Oil Pollution Research and Development Program

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(a) Definitions

In this section-

(1) the term "Chair" means the Chairperson of the Interagency Committee designated under subsection (c)(2);

(2) the term "Commandant" means the Commandant of the Coast Guard;

(3) the term "institution of higher education" means an institution of higher education, as defined in section 1001(a) of title 20;

(4) the term "Interagency Committee" means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b);

(5) the term "Under Secretary" means the Under Secretary of Commerce for Oceans and Atmosphere; and

(6) the term "Vice Chair" means the Vice Chairperson of the Interagency Committee designated under subsection (c)(3).

(b) Establishment of Interagency Coordinating Committee on Oil Pollution Research

(1) Establishment

There is established an Interagency Coordinating Committee on Oil Pollution Research.

(2) Purpose

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.

(c) Membership

(1) Composition

The Interagency Committee shall be composed of-

(A) at least 1 representative of the Coast Guard;

(B) at least 1 representative of the National Oceanic and Atmospheric Administration;

(C) at least 1 representative of the Environmental Protection Agency;

(D) at least 1 representative of the Department of the Interior;

(E) at least 1 representative of the Bureau of Safety and Environmental Enforcement;

(F) at least 1 representative of the Bureau of Ocean Energy Management;

(G) at least 1 representative of the United States Fish and Wildlife Service;

(H) at least 1 representative of the Department of Energy;

(I) at least 1 representative of the Pipeline and Hazardous Materials Safety Administration;

(J) at least 1 representative of the Federal Emergency Management Agency;

(K) at least 1 representative of the Navy;

(L) at least 1 representative of the Corps of Engineers;

(M) at least 1 representative of the United States Arctic Research Commission; and

(N) at least 1 representative of each of such other Federal agencies as the President considers to be appropriate.

(2) Chairperson

The Commandant shall designate a Chairperson from among the members of the Interagency Committee selected under paragraph (1)(A).

(3) Vice Chairperson

The Under Secretary shall designate a Vice Chairperson from among the members of the Interagency Committee selected under paragraph (1)(B).

(4) Meetings

(A) Quarterly meetings

At a minimum, the members of the Interagency Committee shall meet once each quarter.

(B) Public summaries

After each meeting, a summary shall be made available by the Chair or Vice Chair, as appropriate.

(d) Duties of the Interagency Committee

(1) Research

The Interagency Committee shall-

(A) 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, States, Indian tribes, and other countries, as appropriate; and

(B) foster cost-effective research mechanisms, including the joint funding of research and the development of public-private partnerships for the purpose of expanding research.

(2) Oil pollution research and technology plan

(A) Implementation plan

Not later than 180 days after January 1, 2021, the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that-

(i) identifies current research programs conducted by Federal agencies, States, Indian tribes, 4-year institutions of higher education, and corporate entities;

(ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;

(iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges;

(iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;

(v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil;

(vi) estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks;

(vii) summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and

(viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate.

(B) Advice and guidance

(i) National Academy of Sciences contract

The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to-

(I) provide advice and guidance in the preparation and development of the research plan;

(II) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and

(III) provide organization guidance regarding the implementation of the research plan, including delegation of topics and research among Federal agencies represented on the Interagency Committee.

(ii) NIST advice and guidance

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.

(C) 10-year updates

Not later than 10 years after January 1, 2021, 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.

(e) Oil pollution research and development program

(1) Establishment

The Interagency Committee shall coordinate the establishment, by the agencies represented on the Interagency Committee, of a program for conducting oil pollution research, technology, and development, as provided in this subsection.