§ 2761. Oil pollution research and development program

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 title VII § 7001 · 104 Stat. 484

   Enacted · 33 U.S.C. § 2761

   Pub. L. 101–380, title VII, § 7001, Aug. 18, 1990, 104 Stat. 559

   Source evidence

   Code source credit
   Pub. L. 101–380, title VII, § 7001, Aug. 18, 1990, 104 Stat. 559

   Enacted provision · exact public law section
   SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM. (a) Interagency Coordinating Committee on Oil Pollution Research.— (1) Establishment.— There is established an Interagency Coordinating Committee on Oil Pollution Research (hereinafter in this section referred to as the “Interagency Committee”). (2) Purposes.— 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, universities, research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research. (3) Membership.— The Interagency Committee shall include representatives from the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Transportation (including the United States Coast Guard, the Maritime Administration, and the Research and Special Projects Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Environmental Protection Agency, the National Aeronautics and Space Administration, and the United States Fire Administration in the Federal Emergency Management Agency, as well as such other Federal agencies as the President may designate. A representative of the Department of Transportation shall serve as Chairman. (b) Oil Pollution Research and Technology Plan.— (1) Implementation plan.— Within 180 days after the date of enactment of this Act, the Interagency Committee shall submit to Congress a plan for the implementation of the oil pollution research, development, and demonstration program established pursuant to subsection (c). The research plan shall— (A) identify agency roles and responsibilities; (B) assess the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment; (C) identify significant oil pollution research gaps including an assessment of major technological deficiencies in responses to past oil discharges; (D) establish research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects; (E) estimate the resources needed to conduct the oil pollution research and development program established pursuant to subsection (c), and timetables for completing research tasks; and (F) identify, in consultation with the States, regional oil pollution research needs and priorities for a coordinated, multidisciplinary program of research at the regional level. (2) Advice and guidance.— The Chairman, through the Department of Transportation, shall contract with the National Academy of Sciences to— (A) provide advice and guidance in the preparation and development of the research plan; and (B) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment. 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) 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 and development, as provided in this subsection. (2) Innovative oil pollution technology.— The program established under this subsection shall provide for research, development, and demonstration of new or improved technologies which are effective in preventing or mitigating oil discharges and which protect the environment, including— (A) development of improved designs for vessels and facilities, and improved operational practices; (B) research, development, and demonstration of improved technologies to measure the ullage of a vessel tank, prevent discharges from tank vents, prevent discharges during lightering and bunkering operations, contain discharges on the deck of a vessel, prevent discharges through the use of vacuums in tanks, and otherwise contain discharges of oil from vessels and facilities; (C) research, development, and demonstration of new or improved systems of mechanical, chemical, biological, and other methods (including the use of dispersants, solvents, and bioremediation) for the recovery, removal, and disposal of oil, including evaluation of the environmental effects of the use of such systems; (D) research and training, in consultation with the National Response Team, to improve industry’s and Government’s ability to quickly and effectively remove an oil discharge, including the long-term use, as appropriate, of the National Spill Control School in Corpus Christi, Texas; (E) research to improve information systems for decision--making, including the use of data from coastal mapping, baseline data, and other data related to the environmental effects of oil discharges, and cleanup technologies; (F) development of technologies and methods to protect public health and safety from oil discharges, including the population directly exposed to an oil discharge; (G) development of technologies, methods, and standards for protecting removal personnel, including training, ade-quate supervision, protective equipment, maximum exposure limits, and decontamination procedures; (H) research and development of methods to restore and rehabilitate natural resources damaged by oil discharges; (I) research to evaluate the relative effectiveness and environmental impacts of bioremediation technologies; and (J) the demonstration of a satellite-based, dependent surveillance vessel traffic system in Narragansett Bay to evaluate the utility of such system in reducing the risk of oil discharges from vessel collisions and groundings in con-fined waters. (3) Oil pollution technology evaluation.— The program established under this subsection shall provide for oil pollution prevention and mitigation technology evaluation including— (A) the evaluation and testing of technologies developed independently of the research and development program established under this subsection; (B) the establishment, where appropriate, of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention or mitigation technologies; and (C) the use, where appropriate, of controlled field testing to evaluate real-world application of oil discharge prevention or mitigation technologies. (4) Oil pollution effects research.— (A) The Committee shall establish a research program to monitor and evaluate the environmental effects of oil discharges. Such program shall include the following elements: (i) The development of improved models and capabilities for predicting the environmental fate, transport, and effects of oil discharges. (ii) The development of methods, including economic methods, to assess damages to natural resources resulting from oil discharges. (iii) The identification of types of ecologically sensitive areas at particular risk to oil discharges and the preparation of scientific monitoring and evaluation plans, one for each of several types of ecological conditions, to be implemented in the event of major oil discharges in such areas. (iv) The collection of environmental baseline data in ecologically sensitive areas at particular risk to oil discharges where such data are insufficient. (B) The Department of Commerce in consultation with the Environmental Protection Agency shall monitor and scientifically evaluate the long-term environmental effects of oil discharges if— (i) the amount of oil discharged exceeds 250,000 gallons; (ii) the oil discharge has occurred on or after January 1, 1989; and (iii) the Interagency Committee determines that a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges. Areas for study may include the following sites where oil discharges State listing. have occurred: the New York/New Jersey Harbor area, where oil was discharged by an Exxon underwater pipeline, the T/B CIBRO SAVANNAH, and the M/V BT NAUTILUS; Narragansett Bay where oil was discharged by the WORLD PRODIGY; the Houston Ship Channel where oil was discharged by the RACHEL B; the Delaware River, where oil was discharged by the PRESIDENTS RIVERA, and Huntington Beach, California, where oil was discharged by the AMERICAN TRADER. (C) Research conducted under this paragraph by, or through, the United States Fish and Wildlife Service shall be directed and coordinated by the National Wetland Research Center. (5) Marine simulation research.— The program established under this subsection shall include research on the greater use and application of geographic and vessel response simulation models, including the development of additional data bases and updating of existing data bases using, among others, the resources of the National Maritime Research Center. It shall include research and vessel simulations for— (A) contingency plan evaluation and amendment; (B) removal and strike team training; (C) tank vessel personnel training; and (D) those geographic areas where there is a significant likelihood of a major oil discharge. (6) Demonstration projects.— The United States Coast Guard, in conjunction with other such agencies in the Department of Transportation as the Secretary of Transportation may designate, shall conduct 3 port oil pollution minimization demonstration projects, one each with (A) the Port Authority of New York and New Jersey, (B) the Ports of Los Angeles and Long Beach, California, and (Q the Port of New Orleans, Louisiana, for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems which utilize the information and implement the improved practices and technologies developed from the research, development, and demonstration program established in this section. Such systems shall utilize improved technologies and management practices for reducing the risk of oil discharges, including, as appropriate, improved data access, computerized tracking of oil shipments, improved vessel tracking and navigation systems, advanced technology to monitor pipeline and tank conditions, improved oil spill response capability, improved capability to predict the flow and effects of oil discharges in both the inner and outer harbor areas for the purposes of making infrastructure decisions, and such other activities necessary to achieve the purposes of this section. (7) Simulated environmental testing.— Agencies rep-resented 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. (8) Regional research program.— (A) Consistent with the research plan in subsection (b), the Interagency Committee shall coordinate a program of competitive grants to universities or other research institutions, or groups of universities or research institutions, for the purposes of conducting a coordinated research program related to the regional aspects of oil pollution, such as prevention, removal, mitigation, and the effects of discharged oil on regional environments. For the purposes of this paragraph, a region means a Coast Guard district as set out in part 3 of title 33, Code of Federal Regulations (1989). (B) The Interagency Committee shall coordinate the publication by the agencies represented on the Interagency Committee of a solicitation for grants under this subsection. The application shall be in such form and contain such information as may be required in the published solicitation. The applications shall be reviewed by the Interagency Committee, which shall make recommendations to the appropriate granting agency rep-resented on the Interagency Committee for awarding the grant. The granting agency shall award the grants recommended by the Interagency Committee unless the agency decides not to award the grant due to budgetary or other compelling considerations and publishes its reasons for such a determination in the Federal Register. No grants may be made by any agency from any funds authorized for this paragraph unless such grant award has first been recommended by the Interagency Committee. (C) Any university or other research institution, or group of universities or research institutions, may apply for a grant for the regional research program established by this paragraph. The applicant must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program. With respect to a group application, the entity or entities which will carry out the substantial portion of the proposed research must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program. (D) The Interagency Committee shall make recommendations on grants in such a manner as to ensure an appropriate balance within a region among the various aspects of oil pollution research, including prevention, removal, mitigation, and the effects of discharged oil on regional environments. In addition, the Interagency Committee shall make recommendations for grants based on the following criteria: (i) There is available to the applicant for carrying out this paragraph demonstrated research resources. (ii) The applicant demonstrates the capability of making a significant contribution to regional research needs. (iii) The projects which the applicant proposes to carry out under the grant are consistent with the research plan under subsection (b)(1)(F) and would further the objectives of the research and development program established in this section. (E) Grants provided under this paragraph shall be for a period up to 3 years, subject to annual review by the granting agency, and provide not more than 80 percent of the costs of the research activities carried out in connection with the grant. (F) No funds made available to carry out this subsection may be used for the acquisition of real property (including buildings) or construction of any building. (G) Nothing in this paragraph is intended to alter or abridge the authority under existing law of any Federal agency to make grants, or enter into contracts or cooperative agreements, using funds other than those authorized in this Act for the purposes of carrying out this paragraph. (9) Funding.— For each of the fiscal years 1991, 1992, 1993, 1994, and 1995, $6,000,000 of amounts in the Fund shall be available to carry out the regional research program in paragraph (8), such amounts to be available in equal amounts for the regional research program in each region; except that if the agencies represented on the Interagency Committee determine that regional research needs exist which cannot be addressed within such funding limits, such agencies may use their authority under paragraph (10) to make additional grants to meet such needs. For the purposes of this paragraph, the research program carried out by the Prince William Sound Oil Spill Recovery Institute established under section 5001, shall not be eligible to receive grants under this paragraph. (10) Grants.— In carrying out the research and development program established under this subsection, the agencies represented on the Interagency Committee may enter into contracts and cooperative agreements and make grants to universities, research institutions, and other persons. Such contracts, cooperative agreements, and grants shall address research and technology priorities set forth in the oil pollution research plan under subsection (b). (11) In carrying out research under this section, the Department of Transportation shall continue to utilize the resources of the Research and Special Programs Administration of the Department of Transportation, to the maximum extent practicable. (d) International Cooperation.— In accordance with the research plan submitted under subsection (b), the Interagency Committee shall coordinate and cooperate with other nations and foreign research entities in conducting oil pollution research, development, and demonstration activities, including controlled field tests of oil discharges. (e) Biennial Reports.— The Chairman of the Interagency Committee shall submit to Congress every 2 years on October 30 a report on the activities carried out under this section in the preceding 2 fiscal years, and on activities proposed to be carried out under this section in the current 2 fiscal year period. (f) Funding.— Not to exceed $21,250,000 of amounts in the Fund shall be available annually to carry out this section except for subsection (c)(8). Of such sums— (1) funds authorized to be appropriated to carry out the activities under subsection (c)(4) shall not exceed $5,000,000 for fiscal year 1991 or $3,500,000 for any subsequent fiscal year; and (2) not less than $2,250,000 shall be available for carrying out the activities in subsection (c)(6) for fiscal years 1992, 1993, 1994, and 1995. All activities authorized in this section, including subsection (c)(8), are subject to appropriations.

2. 1990

   Great Lakes Oil Pollution Research and Development Act

   Pub. L. 101–537 § 2002(1) · 104 Stat. 2370

   1. Amended · 33 U.S.C. § 2761(c)(6)

      Pub. L. 101–537, § 2002(1), and Pub. L. 101–646, § 4002(1), as amended by Pub. L. 104–332, § 2(h)(1), made substantially identical amendments

   2. Substituted · 33 U.S.C. § 2761(c)(6)

      Pub. L. 101–537, § 2002(1), and Pub. L. 101–646, § 4002(1), as substituting “4” for “3”

   3. Inserted · 33 U.S.C. § 2761(c)(6)

      Pub. L. 101–537, § 2002(1), and Pub. L. 101–646, § 4002(1), as inserting cl. (D)

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 101–537, § 2002(1), and Pub. L. 101–646, § 4002(1), as amended by Pub. L. 104–332, § 2(h)(1), made substantially identical amendments, substituting “4” for “3” and inserting cl. (D).

   Enacted provision · exact public law section
   (1) Great lakes demonstration project.— In subsection (c)(6), strike “3” and insert “4”, strike “and” after “California,”, and insert “and (D) a port on the Great Lakes” after “Louisiana,”.

3. 1990

   Great Lakes Oil Pollution Research and Development Act

   Pub. L. 101–537 § 2002(2) · 104 Stat. 2370

   1. Amended · 33 U.S.C. § 2761(f)

      Pub. L. 101–537, § 2002(2), and Pub. L. 101–646, § 4002(2), as amended by Pub. L. 104–332

   2. Amended · 33 U.S.C. § 2761(f)

      Pub. L. 101–537, § 2002(2), and Pub. L. 101–646, § 4002(2), as amended subsec. (f) identically

   3. Substituted · 33 U.S.C. § 2761(f)

      Pub. L. 101–537, § 2002(2), and Pub. L. 101–646, § 4002(2), as substituting “$22,000,000” for “$21,250,000” in par. (2)

   4. Substituted · 33 U.S.C. § 2761(f)

      Pub. L. 101–537, § 2002(2), and Pub. L. 101–646, § 4002(2), as substituting “$3,000,000” for “$2,250,000” in par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 101–537, § 2002(2), and Pub. L. 101–646, § 4002(2), as amended by Pub. L. 104–332, amended subsec. (f) identically, substituting “$22,000,000” for “$21,250,000” in introductory provisions and “$3,000,000” for “$2,250,000” in par. (2).

   Enacted provision · exact public law section
   (2) Funding.— In subsection (f) strike “21,250,000” and insert “22,000,000” and in subsection (f)(2) strike “2,250,000” and insert “3,000,000”.

4. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 § 1108 · 110 Stat. 3901

   Inserted · 33 U.S.C. § 2761(c)(2)(D)

   Pub. L. 104–324, § 1108, inserted “, and the Center for Marine Training and Safety in Galveston, Texas” before semicolon at end

   Source evidence

   Code amendment note
   Subsec. (c)(2)(D). Pub. L. 104–324, § 1108, inserted “, and the Center for Marine Training and Safety in Galveston, Texas” before semicolon at end.

   Enacted provision · exact public law section
   SEC. 1108. OIL POLLUTION RESEARCH TRAINING. Section 7001(c)(2)(D) of the Oil Pollution Act of 1990 (33 U.S.C. 2761(c)(2)(D)) is amended by striking “Texas;” and inserting “Texas, and the Center for Marine Training and Safety in Galveston, Texas;”.

5. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 § 1102(c)(2) · 110 Stat. 3901

   Inserted · 33 U.S.C. § 2761(c)(9)

   Pub. L. 104–324, § 1102(c)(2), inserted “until the authorization for funding under section 2736(b) of this title expires” before period at end

   Source evidence

   Code amendment note
   Subsec. (c)(9). Pub. L. 104–324, § 1102(c)(2), inserted “until the authorization for funding under section 2736(b) of this title expires” before period at end.

   Enacted provision · exact public law section
   (2) Section 7001(c)(9) the Oil Pollution Act of 1990 (33 U.S.C. 2761(c)(9)) is amended by striking the period at the end thereof and inserting “until the authorization for funding under section 5006(b) expires.”.

6. 1996

   National Invasive Species Act of 1996

   Pub. L. 104–332 § 2(h)(1) · 110 Stat. 4073

   Changed · 33 U.S.C. § 2761(c)(6)

   Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 4002(1). See 1990 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 4002(1). See 1990 Amendment note below.

   Enacted provision · exact public law section
   (1) in titles I, II, and IV, by striking the quotation marks 16 USC 4701, 941; 33 USC 2761. at the beginning of any title, subtitle, section, subsection, paragraph, subparagraph, clause, subclause, or undesignated provision;

7. 1996

   National Invasive Species Act of 1996

   Pub. L. 104–332 § 2(h)(1) · 110 Stat. 4073

   Changed · 33 U.S.C. § 2761(f)

   Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 4002(2). See 1990 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 4002(2). See 1990 Amendment note below.

   Enacted provision · exact public law section
   (1) in titles I, II, and IV, by striking the quotation marks 16 USC 4701, 941; 33 USC 2761. at the beginning of any title, subtitle, section, subsection, paragraph, subparagraph, clause, subclause, or undesignated provision;

8. 2004

   Norman Y. Mineta Research and Special Programs Improvement Act

   Pub. L. 108–426 § 2(c)(5)(A) · 118 Stat. 2423

   Substituted · 33 U.S.C. § 2761(a)(3)

   Pub. L. 108–426, § 2(c)(5)(A), substituted “Pipeline and Hazardous Materials Safety Administration” for “Research and Special Projects Administration”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 108–426, § 2(c)(5)(A), substituted “Pipeline and Hazardous Materials Safety Administration” for “Research and Special Projects Administration”.

   Enacted provision · exact public law section
   (A) in subsection (a)(3) by striking “Research and Special Projects Administration” and inserting “Pipeline and Hazardous Materials Safety Administration”; and

9. 2004

   Norman Y. Mineta Research and Special Programs Improvement Act

   Pub. L. 108–426 § 2(c)(5)(B) · 118 Stat. 2423

   Substituted · 33 U.S.C. § 2761(c)(11)

   Pub. L. 108–426, § 2(c)(5)(B), substituted “Pipeline and Hazardous Materials Safety Administration” for “Research and Special Programs Administration”

   Source evidence

   Code amendment note
   Subsec. (c)(11). Pub. L. 108–426, § 2(c)(5)(B), substituted “Pipeline and Hazardous Materials Safety Administration” for “Research and Special Programs Administration”.

   Enacted provision · exact public law section
   (B) in subsection (c)(11) by striking “Research and Special Programs Administration” and inserting “Pipeline and Hazardous Materials Safety Administration”.

10. 2006

    Coast Guard and Maritime Transportation Act of 2006

    Pub. L. 109–241 § 902 · 120 Stat. 516

    1. Added · 33 U.S.C. § 2761(a)

       Pub. L. 109–241, § 902(l)(3), added pars. (3) and (4)

    2. Struck · 33 U.S.C. § 2761(a)

       Pub. L. 109–241, § 902(l)(3), struck out former par. (3) and concluding provisions which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–241, § 902(l)(3), added pars. (3) and (4) and struck out former par. (3) and concluding provisions which read as follows:

    “Membership.—The Interagency Committee shall include representatives from the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Transportation (including the United States Coast Guard, the Maritime Administration, and the Pipeline and Hazardous Materials Safety Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Environmental Protection Agency, the National Aeronautics and Space Administration, and the United States Fire Administration in the Federal Emergency Management Agency, as well as such other Federal agencies as the President may designate. A representative of the Department of Transportation shall serve as Chairman.”

    Enacted provision · exact public law section
    SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND DEPARTMENT OF TRANSPORTATION; RELATED MATTERS. (a) Government Organization.— Title 5, United States Code, is amended— (1) in section 101 by inserting “The Department of Homeland Security.” after and immediately below “The Department of Veterans Affairs.”; (2) in section 2902(b) by inserting “the Secretary of Homeland Security,” after “Secretary of the Interior,”; and (3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 9001(10) by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (b) Financial Management.— Title 31, United States Code, is amended— (1) in section 3321(c)(3) by striking “of Transportation” and inserting “of Homeland Security.”; (2) in section 3325(b) by striking “of Transportation” and inserting “of Homeland Security”; (3) in section 3527(b)(1) by striking “of Transportation” each place it appears and inserting “of Homeland Security”; and (4) in section 3711(f)(2) by striking “of Transportation” and inserting “of Homeland Security”. (c) Public Contracts.— Section 3732 of the Revised Statutes (41 U.S.C. 11) is amended by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (d) Public Printing and Documents.— Sections 1308 and 1309 of title 44, United States Code, are amended by striking “Secretary of the Department of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”. (e) Shipping.— Title 46, United State Code, is amended— (1) in section 2109 by striking “a Coast Guard or”; (2) in section 6308— (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (B) by striking subsection (a) and inserting the following: “(a) Notwithstanding any other provision of law, no part of a report of a marine casualty investigation conducted under section 6301 of this title, including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings, other than an administrative proceeding initiated by the United States. “(b) Any member or employee of the Coast Guard investigating a marine casualty pursuant to section 6301 of this title shall not be subject to deposition or other discovery, or otherwise testify in such proceedings relevant to a marine casualty investigation, without the permission of the Secretary. The Secretary shall not withhold permission for such employee or member to testify, either orally or upon written questions, on solely factual matters at a time and place and in a manner acceptable to the Secretary if the information is not available elsewhere or is not obtainable by other means.” ; (3) in subsection (c), as redesignated by this section, by striking “subsection (a)” and inserting “subsections (a) and (b)”; and (4) in subsection (d), as redesignated by this section, by striking “subsections (a) and (b)” and inserting “subsections (a), (b), and (c)”. (f) Mortgage Insurance.— Section 222 of the National Housing Act of 1934 (12 U.S.C. 1715m) is amended by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (g) Arctic Research.— Section 107(b)(2) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4106(b)(2)) is amended— (1) by redesignating subparagraphs (I) through (K) as subparagraphs (J) through (L), respectively; and (2) by inserting after subparagraph (H) the following: “(I) the Department of Homeland Security;” . (h) Conservation.— (1) Section 1029.— Section 1029(e)(2)(B) of the Bisti/De-Na-Zin Wilderness Expansion and Fossil Protection Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by striking “Secretary of Transportation, to represent the United States Coast Guard.” and inserting “Commandant of the Coast Guard”. (2) Section 312.— Section 312(c) of the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is amended by striking “of Transportation” and inserting “of Homeland Security”. (i) Internal Revenue Code of 1986.— Section 3122 of the Internal Revenue Code of 1986 (26 U.S.C. 3122) is amended by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the Department in which the Coast Guard is operating”. (j) Anchorage Grounds.— Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended by striking “of Transportation” in each place it appears and inserting “of Homeland Security”. (k) Bridges.— Section 4 of the General Bridge Act of 1906 (33 U.S.C. 491) 33 USC 494. is amended by striking “of Transportation” and inserting “of Homeland Security”. (l) Oil Pollution.— The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended— (1) in section 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) by striking “Commerce, the Interior, and Transportation,” and inserting “Commerce and the Interior and the Commandant of the Coast Guard,”; (2) in section 5002(m)(4) (33 U.S.C. 2732(m)(4)) by striking “of Transportation.” and inserting “of the department in which the Coast Guard is operating.”; (3) in section 7001(a) (33 U.S.C. 2761(a)) by striking paragraph (3) and all that follows through the end of the subsection and inserting the following: “(3) Membership.— The Interagency Committee shall include representatives from the Coast Guard, the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Transportation (including the Maritime Administration and the Pipeline and Hazardous Materials Safety Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Department of Homeland Security (including the United States Fire Administration in the Federal Emergency Management Agency), the Environmental Protection Agency, the National Aeronautics and Space Administration, and such other Federal agencies the President may designate. “(4) Chairman.— A representative of the Coast Guard shall serve as Chairman.” ; and (4) in section 7001(c)(6) (33 U.S.C. 2761(c)(6)) by striking “other such agencies in the Department of Transportation as the Secretary of Transportation may designate,” and inserting “such agencies as the President may designate,”. (m) Medical Care.— Section 1(g)(4)(B) of Public Law 87–693 (42 U.S.C. 2651(g)(4)(B)) is amended by striking “of Transportation,” and inserting “of Homeland Security,”. (n) Social Security Act.— Section 205(p)(3) of the Social Security Act (42 U.S.C. 405(p)(3)) is amended by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (o) Merchant Marine Act, 1920.— Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883) is amended in the matter following the ninth proviso (pertaining to transportation of a foreign-flag incineration vessel) by striking “Satisfactory inspection shall be certified in writing by the Secretary of Transportation” and inserting “Satisfactory inspection shall be certified, in writing, by the Secretary of Homeland Security.”.

11. 2006

    Delaware River Protection Act of 2006

    Pub. L. 109–241 § 605(a)(1) · 120 Stat. 516

    Substituted · 33 U.S.C. § 2761(c)(4)(B)

    Pub. L. 109–241, § 605(a)(1), substituted “RIVERA and the T/V ATHOS I,” for “RIVERA,”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(B). Pub. L. 109–241, § 605(a)(1), substituted “RIVERA and the T/V ATHOS I,” for “RIVERA,”.

    Enacted provision · exact public law section
    (1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by striking “RIVERA,” and inserting “RIVERA and the T/V ATHOS I,”; and

12. 2006

    Coast Guard and Maritime Transportation Act of 2006

    Pub. L. 109–241 § 902 · 120 Stat. 516

    Substituted · 33 U.S.C. § 2761(c)(6)

    Pub. L. 109–241, § 902(l)(4), substituted “such agencies as the President may designate,” for “other such agencies in the Department of Transportation as the Secretary of Transportation may designate,”

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 109–241, § 902(l)(4), substituted “such agencies as the President may designate,” for “other such agencies in the Department of Transportation as the Secretary of Transportation may designate,”.

    Enacted provision · exact public law section
    SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND DEPARTMENT OF TRANSPORTATION; RELATED MATTERS. (a) Government Organization.— Title 5, United States Code, is amended— (1) in section 101 by inserting “The Department of Homeland Security.” after and immediately below “The Department of Veterans Affairs.”; (2) in section 2902(b) by inserting “the Secretary of Homeland Security,” after “Secretary of the Interior,”; and (3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 9001(10) by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (b) Financial Management.— Title 31, United States Code, is amended— (1) in section 3321(c)(3) by striking “of Transportation” and inserting “of Homeland Security.”; (2) in section 3325(b) by striking “of Transportation” and inserting “of Homeland Security”; (3) in section 3527(b)(1) by striking “of Transportation” each place it appears and inserting “of Homeland Security”; and (4) in section 3711(f)(2) by striking “of Transportation” and inserting “of Homeland Security”. (c) Public Contracts.— Section 3732 of the Revised Statutes (41 U.S.C. 11) is amended by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (d) Public Printing and Documents.— Sections 1308 and 1309 of title 44, United States Code, are amended by striking “Secretary of the Department of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”. (e) Shipping.— Title 46, United State Code, is amended— (1) in section 2109 by striking “a Coast Guard or”; (2) in section 6308— (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (B) by striking subsection (a) and inserting the following: “(a) Notwithstanding any other provision of law, no part of a report of a marine casualty investigation conducted under section 6301 of this title, including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings, other than an administrative proceeding initiated by the United States. “(b) Any member or employee of the Coast Guard investigating a marine casualty pursuant to section 6301 of this title shall not be subject to deposition or other discovery, or otherwise testify in such proceedings relevant to a marine casualty investigation, without the permission of the Secretary. The Secretary shall not withhold permission for such employee or member to testify, either orally or upon written questions, on solely factual matters at a time and place and in a manner acceptable to the Secretary if the information is not available elsewhere or is not obtainable by other means.” ; (3) in subsection (c), as redesignated by this section, by striking “subsection (a)” and inserting “subsections (a) and (b)”; and (4) in subsection (d), as redesignated by this section, by striking “subsections (a) and (b)” and inserting “subsections (a), (b), and (c)”. (f) Mortgage Insurance.— Section 222 of the National Housing Act of 1934 (12 U.S.C. 1715m) is amended by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (g) Arctic Research.— Section 107(b)(2) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4106(b)(2)) is amended— (1) by redesignating subparagraphs (I) through (K) as subparagraphs (J) through (L), respectively; and (2) by inserting after subparagraph (H) the following: “(I) the Department of Homeland Security;” . (h) Conservation.— (1) Section 1029.— Section 1029(e)(2)(B) of the Bisti/De-Na-Zin Wilderness Expansion and Fossil Protection Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by striking “Secretary of Transportation, to represent the United States Coast Guard.” and inserting “Commandant of the Coast Guard”. (2) Section 312.— Section 312(c) of the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is amended by striking “of Transportation” and inserting “of Homeland Security”. (i) Internal Revenue Code of 1986.— Section 3122 of the Internal Revenue Code of 1986 (26 U.S.C. 3122) is amended by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the Department in which the Coast Guard is operating”. (j) Anchorage Grounds.— Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended by striking “of Transportation” in each place it appears and inserting “of Homeland Security”. (k) Bridges.— Section 4 of the General Bridge Act of 1906 (33 U.S.C. 491) 33 USC 494. is amended by striking “of Transportation” and inserting “of Homeland Security”. (l) Oil Pollution.— The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended— (1) in section 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) by striking “Commerce, the Interior, and Transportation,” and inserting “Commerce and the Interior and the Commandant of the Coast Guard,”; (2) in section 5002(m)(4) (33 U.S.C. 2732(m)(4)) by striking “of Transportation.” and inserting “of the department in which the Coast Guard is operating.”; (3) in section 7001(a) (33 U.S.C. 2761(a)) by striking paragraph (3) and all that follows through the end of the subsection and inserting the following: “(3) Membership.— The Interagency Committee shall include representatives from the Coast Guard, the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Transportation (including the Maritime Administration and the Pipeline and Hazardous Materials Safety Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Department of Homeland Security (including the United States Fire Administration in the Federal Emergency Management Agency), the Environmental Protection Agency, the National Aeronautics and Space Administration, and such other Federal agencies the President may designate. “(4) Chairman.— A representative of the Coast Guard shall serve as Chairman.” ; and (4) in section 7001(c)(6) (33 U.S.C. 2761(c)(6)) by striking “other such agencies in the Department of Transportation as the Secretary of Transportation may designate,” and inserting “such agencies as the President may designate,”. (m) Medical Care.— Section 1(g)(4)(B) of Public Law 87–693 (42 U.S.C. 2651(g)(4)(B)) is amended by striking “of Transportation,” and inserting “of Homeland Security,”. (n) Social Security Act.— Section 205(p)(3) of the Social Security Act (42 U.S.C. 405(p)(3)) is amended by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (o) Merchant Marine Act, 1920.— Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883) is amended in the matter following the ninth proviso (pertaining to transportation of a foreign-flag incineration vessel) by striking “Satisfactory inspection shall be certified in writing by the Secretary of Transportation” and inserting “Satisfactory inspection shall be certified, in writing, by the Secretary of Homeland Security.”.

13. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 319(a) · 130 Stat. 27

    1. Substituted · 33 U.S.C. § 2761(a)(3)

       Pub. L. 114–120, § 319(a), substituted “Bureau of Safety and Environmental Enforcement, the Bureau of Ocean Energy Management,” for “Minerals Management Service”

    2. Inserted · 33 U.S.C. § 2761(a)(3)

       Pub. L. 114–120, § 319(a), inserted “the United States Arctic Research Commission,” after “National Aeronautics and Space Administration,”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 114–120, § 319(a), substituted “Bureau of Safety and Environmental Enforcement, the Bureau of Ocean Energy Management,” for “Minerals Management Service” and inserted “the United States Arctic Research Commission,” after “National Aeronautics and Space Administration,”.

    Enacted provision · exact public law section
    (a) In General.— Section 7001(a)(3) of the Oil Pollution Act of 1990 (33 U.S.C. 2761(a)(3)) is amended— (1) by striking “Minerals Management Service” and inserting “Bureau of Safety and Environmental Enforcement, the Bureau of Ocean Energy Management,”; and (2) by inserting “the United States Arctic Research Commission,” after “National Aeronautics and Space Administration,”.

14. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 319(b)(1) · 130 Stat. 27

    Substituted · 33 U.S.C. § 2761(b)(2)

    Pub. L. 114–120, § 319(b)(1), substituted “department in which the Coast Guard is operating” for “Department of Transportation” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 114–120, § 319(b)(1), substituted “department in which the Coast Guard is operating” for “Department of Transportation” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (b)(2), in the matter preceding subparagraph (A), by striking “Department of Transportation” and inserting “department in which the Coast Guard is operating”; and

15. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 319(b)(2) · 130 Stat. 27

    Substituted · 33 U.S.C. § 2761(c)(8)(A)

    Pub. L. 114–120, § 319(b)(2), substituted “(2010)” for “(1989)”

    Source evidence

    Code amendment note
    Subsec. (c)(8)(A). Pub. L. 114–120, § 319(b)(2), substituted “(2010)” for “(1989)”.

    Enacted provision · exact public law section
    (2) in subsection (c)(8)(A), by striking “(1989)” and inserting “(2010)”.

16. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(6) · 134 Stat. 3388

    1. Added · 33 U.S.C. § 2761(a); 33 U.S.C. § 2761(b)

       Pub. L. 116–283, § 8304(6), added subsecs. (a) and (b)

    2. Struck · 33 U.S.C. § 2761(a); 33 U.S.C. § 2761(b)

       Pub. L. 116–283, § 8304(6), struck out former subsecs. (a) and (b) which related to Interagency Coordinating Committee on Oil Pollution Research and oil pollution research and technology plan

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 116–283, § 8304(6), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to Interagency Coordinating Committee on Oil Pollution Research and oil pollution research and technology plan.

    Enacted provision · exact public law section
    (6) by striking subsections (a) and (b) and inserting the following: “(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 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); “(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 the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, 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 the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, 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.” .

17. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(6) · 134 Stat. 3388

    Redesignated · 33 U.S.C. § 2761(c)

    Pub. L. 116–283, § 8304(6), added subsec. (c). Former subsec. (c) (as amended by section 8304(1) of Pub. L. 116–283, see notes below) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 8304(6), added subsec. (c). Former subsec. (c) (as amended by section 8304(1) of Pub. L. 116–283, see notes below) redesignated (e).

    Enacted provision · exact public law section
    (6) by striking subsections (a) and (b) and inserting the following: “(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 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); “(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 the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, 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 the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, 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.” .

18. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(A) · 134 Stat. 3388

    Inserted · 33 U.S.C. § 2761(c)(1)

    Pub. L. 116–283, § 8304(1)(A), inserted “, technology,” after “research”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 116–283, § 8304(1)(A), inserted “, technology,” after “research”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “, technology,” after “research”;

19. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(B) · 134 Stat. 3388

    1. Substituted · 33 U.S.C. § 2761(c)(2)

       Pub. L. 116–283, § 8304(1)(B), in introductory provisions, substituted “paragraph (1)” for “this subsection”

    2. Substituted · 33 U.S.C. § 2761(c)(2)

       Pub. L. 116–283, § 8304(1)(B), in introductory provisions, substituted “and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that” for “which are effective in preventing or mitigating oil discharges and which”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 116–283, § 8304(1)(B), in introductory provisions, substituted “paragraph (1)” for “this subsection” and “and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that” for “which are effective in preventing or mitigating oil discharges and which”.

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) by striking “this subsection” and inserting “paragraph (1)”; and (ii) 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”;

20. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(C) · 134 Stat. 3388

    Substituted · 33 U.S.C. § 2761(c)(3)

    Pub. L. 116–283, § 8304(1)(C), substituted “paragraph (1)” for “this subsection” in two places

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 116–283, § 8304(1)(C), substituted “paragraph (1)” for “this subsection” in two places.

    Enacted provision · exact public law section
    (C) in paragraph (3) by striking “this subsection” and inserting “paragraph (1)” each place it appears;

21. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(D)(i) · 134 Stat. 3388

    Substituted · 33 U.S.C. § 2761(c)(4)(A)

    Pub. L. 116–283, § 8304(1)(D)(i), substituted “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” for “oil discharges. Such program shall” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 116–283, § 8304(1)(D)(i), substituted “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” for “oil discharges. Such program shall” in introductory provisions.

    Enacted provision · exact public law section
    (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”;

22. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(D)(ii) · 134 Stat. 3388

    1. Added · 33 U.S.C. § 2761(c)(4)(A)(iii)(viii)

       Pub. L. 116–283, § 8304(1)(D)(ii)–(iv), added cls. (iii) and (vi) to (viii)

    2. Redesignated · 33 U.S.C. § 2761(c)(4)(A)(iii)(viii)

       Pub. L. 116–283, § 8304(1)(D)(ii)–(iv), redesignated former cls. (iii) and (iv) as (iv) and (v), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A)(iii) to (viii). Pub. L. 116–283, § 8304(1)(D)(ii)–(iv), added cls. (iii) and (vi) to (viii) and redesignated former cls. (iii) and (iv) as (iv) and (v), respectively.

    Enacted provision · exact public law section
    (ii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively;

23. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(E) · 134 Stat. 3388

    Substituted · 33 U.S.C. § 2761(c)(5)

    Pub. L. 116–283, § 8304(1)(E), substituted “paragraph (1)” for “this subsection” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 116–283, § 8304(1)(E), substituted “paragraph (1)” for “this subsection” in introductory provisions.

    Enacted provision · exact public law section
    (E) in paragraph (5) by striking “this subsection” and inserting “paragraph (1)”;

24. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(F) · 134 Stat. 3388

    1. Added · 33 U.S.C. § 2761(c)(7)

       Pub. L. 116–283, § 8304(1)(F), added par. (7)

    2. Struck · 33 U.S.C. § 2761(c)(7)

       Pub. L. 116–283, § 8304(1)(F), struck out former par. (7). Prior to amendment, text read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (c)(7). Pub. L. 116–283, § 8304(1)(F), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “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.”

    Enacted provision · exact public law section
    (F) by striking paragraph (7) and inserting the following: “(7) Simulated environmental testing.— “(A) In general.— 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. “(B) Other testing facilities.— 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.— “(i) In general.— 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. “(ii) Use of donated oil.— 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.” ;

25. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(G)(i) · 134 Stat. 3388

    Substituted · 33 U.S.C. § 2761(c)(8)(A)

    Pub. L. 116–283, § 8304(1)(G)(i), substituted “subsection (d)” for “subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (c)(8)(A). Pub. L. 116–283, § 8304(1)(G)(i), substituted “subsection (d)” for “subsection (b)”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by striking “subsection (b)” and inserting “subsection (d)”; and

26. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(G)(ii) · 134 Stat. 3388

    Substituted · 33 U.S.C. § 2761(c)(8)(D)(iii)

    Pub. L. 116–283, § 8304(1)(G)(ii), substituted “subsection (d)” for “subsection (b)(1)(F)”

    Source evidence

    Code amendment note
    Subsec. (c)(8)(D)(iii). Pub. L. 116–283, § 8304(1)(G)(ii), substituted “subsection (d)” for “subsection (b)(1)(F)”.

    Enacted provision · exact public law section
    (ii) in subparagraph (D)(iii), by striking “subsection (b)(1)(F)” and inserting “subsection (d)”; and

27. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(1)(H) · 134 Stat. 3388

    1. Substituted · 33 U.S.C. § 2761(c)(10)

       Pub. L. 116–283, § 8304(1)(H), substituted “paragraph (1)” for “this subsection”

    2. Substituted · 33 U.S.C. § 2761(c)(10)

       Pub. L. 116–283, § 8304(1)(H), substituted “Under Secretary” for “agencies represented on the Interagency Committee”

    3. Substituted · 33 U.S.C. § 2761(c)(10)

       Pub. L. 116–283, § 8304(1)(H), substituted “subsection (d)” for “subsection (b)”

    4. Inserted · 33 U.S.C. § 2761(c)(10)

       Pub. L. 116–283, § 8304(1)(H), inserted “, and States and Indian tribes” after “other persons”

    Source evidence

    Code amendment note
    Subsec. (c)(10). Pub. L. 116–283, § 8304(1)(H), substituted “paragraph (1)” for “this subsection”, “Under Secretary” for “agencies represented on the Interagency Committee”, and “subsection (d)” for “subsection (b)” and inserted “, and States and Indian tribes” after “other persons”.

    Enacted provision · exact public law section
    (H) in paragraph (10)— (i) by striking “this subsection” and inserting “paragraph (1)”; (ii) by striking “agencies represented on the Interagency Committee” and inserting “Under Secretary”; (iii) by inserting “, and States and Indian tribes” after “other persons”; and (iv) by striking “subsection (b)” and inserting “subsection (d)”;

28. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(6) · 134 Stat. 3388

    Redesignated · 33 U.S.C. § 2761(d)

    Pub. L. 116–283, § 8304(6), added subsec. (d). Former subsec. (d) redesignated (f)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–283, § 8304(6), added subsec. (d). Former subsec. (d) redesignated (f).

    Enacted provision · exact public law section
    (6) by striking subsections (a) and (b) and inserting the following: “(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 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); “(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 the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, 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 the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, 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.” .

29. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(2) · 134 Stat. 3388

    Substituted · 33 U.S.C. § 2761(d)

    Pub. L. 116–283, § 8304(2), substituted “subsection (d)” for “subsection (b)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 8304(2), substituted “subsection (d)” for “subsection (b)”.

    Enacted provision · exact public law section
    (2) in subsection (d), by striking “subsection (b)” and inserting “subsection (d)”;

30. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(5) · 134 Stat. 3388

    Redesignated · 33 U.S.C. § 2761(e)

    Pub. L. 116–283, § 8304(5), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–283, § 8304(5), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g).

    Enacted provision · exact public law section
    (5) by redesignating subsections (c) through (f) as subsections (e) through (h), respectively; and

31. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(3) · 134 Stat. 3388

    Substituted · 33 U.S.C. § 2761(e)

    Pub. L. 116–283, § 8304(3), substituted “Chair” for “Chairman of the Interagency Committee”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 8304(3), substituted “Chair” for “Chairman of the Interagency Committee”.

    Enacted provision · exact public law section
    (3) in subsection (e), by striking “Chairman of the Interagency Committee” and inserting “Chair”;

32. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(5) · 134 Stat. 3388

    Redesignated · 33 U.S.C. § 2761(f)

    Pub. L. 116–283, § 8304(5), redesignated subsec. (d) as (f). Former subsec. (f) redesignated (h)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–283, § 8304(5), redesignated subsec. (d) as (f). Former subsec. (f) redesignated (h).

    Enacted provision · exact public law section
    (5) by redesignating subsections (c) through (f) as subsections (e) through (h), respectively; and

33. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(4) · 134 Stat. 3388

    Substituted · 33 U.S.C. § 2761(f)

    Pub. L. 116–283, § 8304(4), substituted “subsection (e)(8)” for “subsection (c)(8)” in introductory and concluding provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 8304(4), substituted “subsection (e)(8)” for “subsection (c)(8)” in introductory and concluding provisions.

    Enacted provision · exact public law section
    (4) in subsection (f), by striking “subsection (c)(8)” each place it appears and inserting “subsection (e)(8)”;

34. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8304(5) · 134 Stat. 3388

    Redesignated · 33 U.S.C. § 2761(g); 33 U.S.C. § 2761(h)

    Pub. L. 116–283, § 8304(5), redesignated subsecs. (e) and (f) as (g) and (h), respectively

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 116–283, § 8304(5), redesignated subsecs. (e) and (f) as (g) and (h), respectively.

    Enacted provision · exact public law section
    (5) by redesignating subsections (c) through (f) as subsections (e) through (h), respectively; and

35. 2025

    Pub. L. 119–60 div. G title LXXVII § 7701(g)(7) · 139 Stat. 1836

    Substituted · 33 U.S.C. § 2761(h)(1)

    Pub. L. 119–60 substituted “subsection (e)(4)” for “subsection (c)(4)”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 119–60 substituted “subsection (e)(4)” for “subsection (c)(4)”.

48 of 49 references resolved to an enrolled provision · 1 unresolved