[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5716 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 517
111th CONGRESS
  2d Session
                                H. R. 5716


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2010

                                Received

                             August 5, 2010

                 Read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
To provide for enhancement of existing efforts in support of research, 
 development, demonstration, and commercial application activities to 
   advance technologies for the safe and environmentally responsible 
    exploration, development, and production of oil and natural gas 
                               resources.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safer Oil and Natural Gas Drilling 
Technology Research and Development Act''.

SEC. 2. SUBTITLE AMENDMENT.

    Subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 
16371 et seq.) is amended in the subtitle heading by striking ``Ultra-
Deepwater and Unconventional Natural Gas and Other Petroleum 
Resources'' and inserting ``Safer Oil and Natural Gas Drilling 
Technology Research and Development Program''.

SEC. 3. SAFER OIL AND NATURAL GAS DRILLING TECHNOLOGY RESEARCH AND 
              DEVELOPMENT PROGRAM.

    (a) Program Authority.--Section 999A of the Energy Policy Act of 
2005 (42 U.S.C. 16371) is amended--
            (1) in subsection (a)--
                    (A) by striking ``ultra-deepwater'' and inserting 
                ``deepwater''; and
                    (B) by inserting ``well control and accident 
                prevention,'' after ``safe operations,'';
            (2) in subsection (b)--
                    (A) by inserting ``, accident prevention and 
                mitigation,'' after ``improving safety'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Deepwater architecture and technology, including 
        those for drilling to formations in water depths greater than 
        1,000 feet.''; and
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) Complementary research carried out by the 
        Department.'';
            (3) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``National Energy Technology Laboratory'' and inserting 
                ``Department of Energy''; and
                    (B) by striking ``National Energy Technology 
                Laboratory'' and inserting ``Office of Fossil Energy of 
                the Department'';
            (4) in subsection (e)--
                    (A) in the subsection heading, by striking 
                ``Secretary of the Interior'' and inserting ``Other 
                Federal Agencies''; and
                    (B) by inserting ``and other agencies as 
                appropriate, including those serving on, and 
                collaborating with, the Interagency Coordinating 
                Committee on Oil Pollution Research as established 
                under section 7001 of the Oil Pollution Act of 1990 (33 
                U.S.C. 2761(a))'' after ``Secretary of the Interior''; 
                and
            (5) by adding at the end the following:
    ``(f) Partnerships.--In carrying out the program under this 
subtitle, the Secretary shall seek to establish partnerships with 
eligible research performers, as described by section 999E, to 
undertake research and development not likely otherwise to be 
undertaken in the absence of support from the program.''.
    (b) Program Elements.--Section 999B of the Energy Policy Act of 
2005 (42 U.S.C. 16372) is amended--
            (1) in the section heading, by striking ``ultra-deepwater 
        and unconventional onshore natural gas and other petroleum'' 
        and inserting ``safer oil and natural gas drilling 
        technology'';
            (2) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary shall carry out the activities 
under section 999A to maximize the benefits of natural gas and other 
petroleum resources of the United States by advancing the safe and 
environmentally responsible exploration, development, and production of 
those resources.'';
            (3) in subsection (c)(1)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) select projects on a competitive basis;'';
            (4) in subsection (c)(3)(A)(ii), by striking ``under 
        subsection (f)(4)'';
            (5) in subsection (d)--
                    (A) in paragraph (6), by striking ``ultra-
                deepwater'' and inserting ``deepwater''; and
                    (B) by striking paragraph (7) and inserting the 
                following:
            ``(7) Focus areas for awards.--
                    ``(A) Deepwater resources.--Awards from allocations 
                under section 999H(d)(1) shall focus on research, 
                development, demonstration, and commercial application 
                activities in areas that include--
                            ``(i) technologies and systems aimed at 
                        improving operational safety and reducing 
                        potential environmental impacts of deepwater 
                        exploration and production activities, 
                        including--
                                    ``(I) wellbore integrity, well 
                                control, and blowout prevention;
                                    ``(II) capture and containment of 
                                oil at or near the wellhead; and
                                    ``(III) expanding operational 
                                capabilities and efficiency of remotely 
                                operated devices and mechanics;
                            ``(ii) safe and environmentally responsible 
                        deepwater exploration and production 
                        technologies, integrated systems, and 
                        architectures for enhancing oil and natural gas 
                        drilling and recovery, including under extreme 
                        conditions;
                            ``(iii) methods and technologies for severe 
                        weather and ocean surface condition 
                        preparedness;
                            ``(iv) utilization of exploration and 
                        production methods and materials that reduce 
                        the potential impact of such activities on the 
                        environment; and
                            ``(v) other areas as determined appropriate 
                        by the Secretary.
                    ``(B) Unconventional onshore resources.--Awards 
                from allocations under section 999H(d)(2) shall focus 
                on research, development, demonstration, and commercial 
                application activities in areas that include--
                            ``(i) advanced coalbed methane, deep 
                        drilling, natural gas production from tight 
                        sands, natural gas production from gas shales, 
                        stranded gas, innovative exploration and 
                        production techniques, and enhanced recovery 
                        techniques;
                            ``(ii) increased efficiency of energy use 
                        in exploration and production activities;
                            ``(iii) utilization of exploration and 
                        production methods and materials that reduce 
                        the potential impact of such activities on the 
                        environment;
                            ``(iv) recovery, utilization, reduction, 
                        and improved management of produced water from 
                        exploration and production activities; and
                            ``(v) accident prevention and mitigation of 
                        unconventional natural gas and other petroleum 
                        resources exploration and production.
                    ``(C) Small producers.--Awards from allocations 
                under section 999H(d)(3) shall be made to consortia 
                consisting of small producers or organized primarily 
                for the benefit of small producers, and shall focus on 
                areas that include--
                            ``(i) safety and accident prevention, 
                        environmental mitigation, waste reduction, 
                        reduction of energy use, and well control and 
                        systems integrity;
                            ``(ii) complex geology involving rapid 
                        changes in the type and quality of the oil and 
                        gas reserves across the reservoir;
                            ``(iii) low reservoir pressure and 
                        unconventional natural gas reservoirs in 
                        coalbeds, deep reservoirs, tight sands, or 
                        shales; and
                            ``(iv) advancing energy efficient, safe, 
                        and environmentally responsible production of 
                        unconventional oil reservoirs in tar sands and 
                        oil shales.
                    ``(D) Safety, and accident prevention and 
                mitigation, technology research and development by the 
                department.--Awards from allocations under section 
                999H(d)(4) shall focus on safety, and accident 
                prevention and mitigation, research, development, 
                demonstration, and commercial application activities in 
                areas that may include--
                            ``(i) improved technologies and best 
                        management practices for enhanced well 
                        integrity including--
                                    ``(I) cementing;
                                    ``(II) casing;
                                    ``(III) wellbore sealant 
                                technologies;
                                    ``(IV) well-plugging and 
                                abandonment;
                                    ``(V) improvement and 
                                standardization of blowout prevention 
                                devices;
                                    ``(VI) actuation and pressure 
                                testing; and
                                    ``(VII) other well control 
                                activities;
                            ``(ii) research to aid in the development 
                        of industry best practices and standards for 
                        workforce training, design of safe workplace 
                        environments, and safety related decisionmaking 
                        processes, including by drawing on existing 
                        research into human factors and safety related 
                        practices in fields such as the nuclear energy, 
                        aviation, and automotive industries;
                            ``(iii) secondary control systems to 
                        activate blowout prevention devices and 
                        terminate well-flow, including--
                                    ``(I) deadman switches;
                                    ``(II) automatic shears; and
                                    ``(III) remote acoustic switches;
                            ``(iv) technologies and methods for 
                        accident mitigation, including--
                                    ``(I) capture, containment, or 
                                dispersing of oil at or near the 
                                wellhead;
                                    ``(II) estimating flow rate;
                                    ``(III) diagnostic sensors to 
                                determine equipment malfunction; and
                                    ``(IV) procedures to terminate 
                                flow;
                            ``(v) continuing ongoing efforts, including 
                        in resource assessment and characterization, 
                        and in simulation of safe and effective 
                        drilling under extreme conditions, including 
                        high temperatures and pressures;
                            ``(vi) development of methodologies for 
                        risk management decisionmaking, including 
                        comparative risk analysis and quantitative risk 
                        assessment of potential for failure in the 
                        technologies, management practices, and systems 
                        studies under this subsection; and
                            ``(vii) other activities as described in 
                        this paragraph or as determined appropriate by 
                        the Secretary.'';
            (6) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) in the second sentence of subparagraph 
                        (A), by inserting ``to the Secretary for 
                        review'' after ``submit''; and
                            (ii) in the first sentence of subparagraph 
                        (B), by striking ``Ultra-Deepwater'' and all 
                        that follows through ``and such Advisory 
                        Committees'' and inserting ``Program Advisory 
                        Committee established under section 999D(a), 
                        and the Advisory Committee'';
                    (B) in paragraph (4)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (A);
                            (ii) by striking the period at the end of 
                        subparagraph (B) and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C) a summary of ongoing and planned activities 
                aimed at improving operational safety and reducing 
                potential environmental impacts of exploration and 
                production.''; and
                    (C) by adding at the end the following:
            ``(6) Research findings and recommendations for 
        implementation.--The Secretary shall publish in the Federal 
        Register an annual report on the research findings of the 
        program carried out under this section and any recommendations 
        for implementation that the Secretary determines to be 
        necessary.'';
            (7) in subsection (f)(2), by inserting ``In carrying out 
        this subsection, the Secretary shall ensure that safety and 
        accident prevention and mitigation be regularly included as 
        specific focus areas for solicitations.'' after 
        ``consortium.'';
            (8) in subsection (i)--
                    (A) in the subsection heading, by striking ``United 
                States Geological Survey'' and inserting ``Department 
                of the Interior''; and
                    (B) by striking ``, through the United States 
                Geological Survey,''; and
            (9) in subsection (j), by striking ``National Energy 
        Technology Laboratory'' and inserting ``Office of Fossil Energy 
        of the Department''.

SEC. 4. PROGRAM ADVISORY COMMITTEE.

    Section 999D of the Energy Policy Act of 2005 (42 U.S.C. 16374) is 
amended to read as follows:

``SEC. 999D. PROGRAM ADVISORY COMMITTEE.

    ``(a) Establishment.--Not later than 90 days after the date of 
enactment of the Safer Oil and Natural Gas Drilling Technology Research 
and Development Act, the Secretary shall establish an advisory 
committee to be known as the `Program Advisory Committee' (referred to 
in this section as the `Advisory Committee').
    ``(b) Membership.--
            ``(1) In general.--The Advisory Committee shall be composed 
        of members appointed by the Secretary, each of whom shall be 
        qualified by education, training, and experience to evaluate 
        scientific and technical information relevant to the research, 
        development, and demonstration under this subtitle. Members 
        shall include--
                    ``(A) individuals with extensive research 
                experience or operational knowledge of oil and natural 
                gas exploration and production;
                    ``(B) individuals broadly representative of the 
                affected interests in oil and natural gas production, 
                including interests in environmental protection and 
                operational safety;
                    ``(C) State regulatory agency representatives; and
                    ``(D) other individuals, as determined by the 
                Secretary.
            ``(2) Limitations.--
                    ``(A) In general.--The Advisory Committee shall not 
                include individuals who are board members, officers, or 
                employees of the program consortium.
                    ``(B) Categorical representation.--In appointing 
                members of the Advisory Committee, the Secretary shall 
                ensure that no class of individuals described in any of 
                subparagraphs (B), (C), or (D) of paragraph (1) 
                comprises more than \1/3\ of the membership of the 
                Advisory Committee.
    ``(c) Subcommittees.--The Advisory Committee may establish 
subcommittees or ad hoc working groups for the research focus areas 
described in section 999B(d)(7).
    ``(d) Duties.--The Advisory Committee shall--
            ``(1) advise the Secretary on the development and 
        implementation of programs under this subtitle; and
            ``(2) carry out section 999B(e)(2)(B).
    ``(e) Compensation.--A member of the Advisory Committee shall serve 
without compensation but shall be entitled to receive travel expenses 
in accordance with subchapter I of chapter 57 of title 5, United States 
Code.
    ``(f) Prohibition.--The Advisory Committee shall not make 
recommendations on funding awards to particular consortia or other 
entities, or for specific projects.''.

SEC. 5. DEFINITIONS.

    Section 999G of the Energy Policy Act of 2005 (42 U.S.C. 16377) is 
amended--
            (1) in paragraph (1), by striking ``200 but less than 1,500 
        meters'' and inserting ``1,000 feet'';
            (2) by striking paragraphs (8), (9), and (10);
            (3) by redesignating paragraphs (2) through (7) and (11) as 
        paragraphs (4) through (9) and (10), respectively; and
            (4) by inserting after paragraph (1) the following:
            ``(2) Deepwater architecture.--The term `deepwater 
        architecture' means the integration of technologies for the 
        safe and environmentally responsible exploration for, or 
        production of, natural gas or other petroleum resources located 
        at deepwater depths.
            ``(3) Deepwater technology.--The term `deepwater 
        technology' means a discrete technology that is specially 
        suited to address 1 or more challenges associated with the safe 
        and environmentally responsible exploration for, or production 
        of, natural gas or other petroleum resources located at 
        deepwater depths.''.

SEC. 6. FUNDING.

    Section 999H of the Energy Policy Act of 2005 (42 U.S.C. 16378) is 
amended--
            (1) in the first sentence of subsection (a) by striking 
        ``Ultra-Deepwater and Unconventional Natural Gas and Other 
        Petroleum Research Fund'' and inserting ``Safer Oil and Natural 
        Gas Drilling Technology Research and Development Fund'';
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``35 percent'' 
                and inserting ``32.5 percent'';
                    (B) in paragraph (2), by striking ``32.5 percent'' 
                and inserting ``25 percent''; and
                    (C) in paragraph (4)--
                            (i) by striking ``25 percent'' and 
                        inserting ``35 percent''; and
                            (ii) by striking ``contract management,'' 
                        and all that follows through the period at the 
                        end and inserting ``and contract management.'';
            (3) in subsection (f), by striking ``Ultra-Deepwater and 
        Unconventional Natural Gas and Other Petroleum Research Fund'' 
        and inserting ``Safer Oil and Natural Gas Drilling Technology 
        Research and Development Fund''; and
            (4) at the end of the section, by inserting the following 
        new subsection:
    ``(g) Coordination and Nonduplication.--The Secretary shall ensure, 
to the maximum extent practicable, that the research activities carried 
out by the consortium funded under paragraphs (1), (2), and (3) of 
subsection (d), and the research activities carried out by the 
Department of Energy as funded by subsection (d)(4), shall be 
coordinated and not duplicative of one another.''.

SEC. 7. CONFORMING AMENDMENTS.

    The table of contents of the Energy Policy Act of 2005 is amended--
            (1) by amending the item relating to subtitle J of title IX 
        to read as follows:

 ``Subtitle J--Safer Oil and Natural Gas Drilling Technology Research 
                       and Development Program'';

            (2) by amending the item relating to section 999B to read 
        as follows:

``Sec. 999B. Safer Oil and Natural Gas Drilling Technology Research and 
                            Development Program.'';
        and
            (3) by amending the item relating to section 999D to read 
        as follows:

``Sec. 999D. Program Advisory Committee.''.

            Passed the House of Representatives July 21, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 517

111th CONGRESS

  2d Session

                               H. R. 5716

_______________________________________________________________________

                                 AN ACT

To provide for enhancement of existing efforts in support of research, 
 development, demonstration, and commercial application activities to 
   advance technologies for the safe and environmentally responsible 
    exploration, development, and production of oil and natural gas 
                               resources.

_______________________________________________________________________

                             August 5, 2010

                 Read twice and placed on the calendar