[Congressional Record Volume 156, Number 108 (Wednesday, July 21, 2010)]
[House]
[Pages H5869-H5874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM REAUTHORIZATION ACT OF
2010
Mr. GORDON of Tennessee. Madam Speaker, I move to suspend the rules
and pass the bill (H.R. 2693) to amend title VII of the Oil Pollution
Act of 1990, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2693
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 ``Oil Pollution Research and
Development Program Reauthorization Act of 2010''.
SEC. 2. FEDERAL OIL POLLUTION RESEARCH COMMITTEE.
(a) Purposes.--Section 7001(a)(2) of the Oil Pollution Act
of 1990 (33 U.S.C. 2761(a)(2)) is amended by striking
``State'' and inserting ``State and tribal''.
(b) Membership.--Section 7001(a)(3) of such Act (33 U.S.C.
2761(a)(3)) is amended to read as follows:
``(3) Structure.--
``(A) Members.--The Interagency Committee shall consist of
representatives from the following:
``(i) The Coast Guard.
``(ii) The Department of Commerce, including the National
Oceanic and Atmospheric Administration.
``(iii) The Department of the Interior.
``(iv) The Environmental Protection Agency.
``(B) Collaborating agencies.--The Interagency Committee
shall collaborate with the following:
``(i) The National Institute of Standards and Technology.
``(ii) The Department of Energy.
``(iii) The Department of Transportation, including the
Maritime Administration and the Pipeline and Hazardous
Materials Safety Administration.
``(iv) The Department of Defense, including the Army Corps
of Engineers and the Navy.
``(v) The Department of Homeland Security, including the
United States Fire Administration in the Federal Emergency
Management Agency.
``(vi) The National Aeronautics and Space Administration.
``(vii) The National Science Foundation.
``(viii) Other Federal agencies, as appropriate.''.
(c) Role of the Chair.--Section 7001(a)(4) of such Act (33.
U.S.C. 2761(a)(4)) is amended to read as follows:
``(4) Chair.--
``(A) In general.--A representative of the Coast Guard
shall serve as Chair.
``(B) Role of chair.--The primary role of the Chair shall
be to ensure that--
``(i) the activities of the Interagency Committee and the
agencies listed in paragraph (3)(B) are coordinated;
``(ii) the implementation plans required under subsection
(b)(1) are completed and submitted;
``(iii) the annual reports required under subsection (e)
are completed and submitted;
``(iv) the Interagency Committee meets in accordance with
the requirements of paragraph (5); and
``(v) the Oil Pollution Research Advisory Committee under
subsection (f) is established and utilized.''.
(d) Activities.--Section 7001(a) of such Act (33 U.S.C.
2761(a)) is amended by adding at the end the following:
``(5) Activities.--
``(A) Ongoing, coordinated efforts.--The Interagency
Committee shall ensure that the research, development, and
demonstration efforts authorized by this section are
coordinated and conducted on an ongoing basis.
``(B) Meetings.--
``(i) In general.--The Interagency Committee shall meet, or
otherwise communicate, as appropriate, to--
``(I) plan program-related activities; and
``(II) determine whether the program is resulting in the
development of new or improved methods and technologies to
prevent, detect, respond to, contain, and mitigate oil
discharge.
``(ii) Frequency.--In no event shall the Interagency
Committee meet less than once per year.
``(C) Information exchange.--The Interagency Committee,
acting through the Administrator of the National Oceanic and
Atmospheric Administration, shall develop a national
information clearinghouse on oil discharge that--
``(i) includes scientific information and research on
preparedness, response, and restoration; and
``(ii) serves as a single electronic access and input point
for Federal agencies, emergency responders, the research
community, and other interested parties for such
information.''.
SEC. 3. OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.
(a) Implementation Plan.--Section 7001(b)(1) of such Act
(33 U.S.C. 2761(b)(1)) is amended--
(1) by striking ``180 days after the date of enactment of
this Act'' and inserting ``180 days after the date of
enactment of the Oil Pollution Research and Development
Program Reauthorization Act of 2010 and periodically
thereafter, as appropriate, but not less than once every 5
years'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) identify the roles and responsibilities of each
member agency of the Interagency Committee under subsection
(a)(3)(A) and each of the collaborating agencies under
subsection (a)(3)(B);'';
(3) in subparagraph (B) by inserting ``containment,'' after
``response,'';
(4) in subparagraph (D) by inserting ``containment,'' after
``response,'';
(5) by striking ``and'' at the end of subparagraph (E);
(6) in subparagraph (F)--
(A) by striking ``the States'' through ``research needs''
and inserting ``State and tribal governments, regional oil
pollution research needs, including natural seeps and
pollution resulting from importing oil from overseas,''; and
(B) by striking the period at the end and inserting a
semicolon; and
(7) by adding at the end the following new subparagraphs:
``(G) identify the information needed to conduct risk
assessment and risk analysis research to effectively prevent
oil discharges, including information on human factors and
decisionmaking, and to protect the environment; and
``(H) identify a methodology that--
``(i) provides for the solicitation, evaluation,
preapproval, funding, and utilization of technologies and
research projects developed by the public and private sector
in advance of future oil discharges; and
``(ii) where appropriate, ensures that such technologies
are readily available for rapid testing and potential
deployment and that research projects can be implemented
during an incident response.''.
(b) Advice and Guidance.--Section 7001(b)(2) of such Act
(33 U.S.C. 2761(b)(2)) is amended to read as follows:
``(2) Advice and guidance.--
``(A) In general.--The Chair shall solicit advice and
guidance in the development of the research plan under
paragraph (1) from--
``(i) the Oil Pollution Research Advisory Committee
established under subsection (f);
``(ii) the National Institute of Standards and Technology
on issues relating to quality assurance and standards
measurements;
``(iii) third party standard-setting organizations on
issues relating to voluntary consensus standards; and
``(iv) the public in accordance with subparagraph (B).
``(B) Public comment.--Prior to the submission of the
research plan to Congress under paragraph (1), the research
plan shall be published in the Federal Register and subject
to a public comment period of 30 days. The Chair shall review
the public comments received and incorporate those comments
into the plan, as appropriate.''.
(c) Review.--Section 7001(b) of such Act (33 U.S.C.
2761(b)) is amended by adding at the end the following:
``(3) Review.--After the submission of each research plan
to Congress under paragraph (1), the Chair shall contract
with the National Academy of Sciences--
``(A) to review the research plan;
``(B) to assess the adequacy of the research plan; and
``(C) to submit a report to Congress on the conclusions of
the assessment.
``(4) Incorporation of recommendations.--The Chair shall
address any recommendations in the review conducted under
paragraph (3) and shall incorporate such recommendations into
the research plan, as appropriate.''.
SEC. 4. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--Section 7001(c)(1) of such Act (33
U.S.C. 2761(c)(1)) is amended by striking ``research and
development, as provided in this subsection'' and inserting
``research, development, and demonstration, as provided in
this subsection and subsection (a)(2)''.
(b) Innovative Oil Pollution Technology.--Section
7001(c)(2) of such Act (33 U.S.C. 2761(c)(2)) is amended--
(1) in the matter before subparagraph (A), by striking
``preventing or mitigating'' and inserting ``preventing,
detecting, containing, recovering, or mitigating'';
(2) by striking subparagraph (I);
(3) by redesignating subparagraph (J) as subparagraph (I);
(4) by striking the period at the end of subparagraph (I)
(as so redesignated) and by inserting at the end a semicolon;
and
(5) by adding at the end the following:
``(J) technologies and methods to address oil discharge on
land and in inland waters, coastal areas, offshore areas,
including deepwater and ultra-deepwater areas, and polar and
other icy areas; and
[[Page H5870]]
``(K) modeling and simulation capabilities, including tools
and technologies, that can be used to facilitate effective
recovery and containment of oil discharge during incident
response.''.
(c) Oil Pollution Technology Evaluation.--Section
7001(c)(3) of such Act (33 U.S.C. 2761(c)(3)) is amended to
read as follows:
``(3) Oil pollution technology evaluation.--The program
established under this subsection shall provide for the
evaluation of oil pollution prevention, containment, and
mitigation technologies, including--
``(A) the evaluation of the performance and effectiveness
of such technologies in preventing, detecting, containing,
recovering, and mitigating oil discharges;
``(B) the evaluation of the environmental effects of the
use of such technologies;
``(C) the evaluation and testing of technologies developed
independently of the research and development program
established under this subsection, including technologies
developed by small businesses;
``(D) the establishment, with the advice and guidance of
the National Institute of Standards and Technology, of
standards and testing protocols traceable to national
standards to measure the performance of oil pollution
prevention, containment, or mitigation technologies;
``(E) an evaluation of the environmental effects and
utility of controlled field testing;
``(F) the use, where appropriate, of controlled field
testing to evaluate real-world application of new or improved
oil discharge prevention, response, containment, recovery, or
mitigation technologies;
``(G) an evaluation of the effectiveness of oil pollution
prevention technologies based on probabilistic risk analyses
of the system; and
``(H) research conducted by the Environmental Protection
Agency and other appropriate Federal agencies for the
evaluation and testing of technologies which demonstrate--
``(i) maximum effectiveness, including application and
delivery mechanisms; and
``(ii) minimum effects, including toxicity, to human health
and the environment in both the near-term and long-term.''.
(d) Oil Pollution Effects Research.--Section 7001(c)(4) of
such Act (33 U.S.C. 2761(c)(4)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) In general.--
``(i) Establishment.--The Interagency Committee, acting
through the Administrator of the National Oceanic and
Atmospheric Administration, shall establish a research
program to monitor and scientifically evaluate the
environmental effects, including long-term effects, of oil
discharge.
``(ii) Specifications.--Such program shall include the
following elements:
``(I) Research on and the development of effective tools to
detect, measure, observe, analyze, monitor, model, and
forecast the presence, transport, fate, and effect of an oil
discharge throughout the environment, including tools and
models to accurately measure and predict the flow of oil
discharged.
``(II) The development of methods, including economic
methods, to assess and predict damages to natural resources,
including air quality, resulting from oil discharges,
including in economically disadvantaged communities and
areas.
``(III) The identification of types of ecologically
sensitive areas at particular risk from oil discharges, such
as inland waters, coastal areas, offshore areas, including
deepwater and ultra-deepwater areas, and polar and other icy
areas.
``(IV) The preparation of scientific monitoring and
evaluation plans for the areas identified under subclause
(III) to be implemented in the event of major oil discharges
in such areas.
``(V) The collection of environmental baseline data in the
areas identified under subclause (III) if such data are
insufficient.
``(VI) The use of both onshore and offshore air quality
monitoring to study the effects of an oil discharge and oil
discharge cleanup technologies on air quality; and making the
results, health, and safety warnings readily available to the
public, including emergency responders, the research
community, local residents, and other interested parties.
``(VII) Research on technologies, methods, and standards
for protecting removal personnel and for volunteers that may
participate in incident responses, including training,
adequate supervision, protective equipment, maximum exposure
limits, and decontamination procedures.'';
(2) in subparagraph (B)--
(A) by striking ``(B) The Department of Commerce'' and all
that follows through ``future oil discharges.'' and inserting
the following:
``(B) Conditions.--The Interagency Committee, acting
through the Administrator of the National Oceanic and
Atmospheric Administration, shall conduct research activities
under subparagraph (A) for areas in which--
``(i) the amount of oil discharged exceeds 250,000 gallons;
and
``(ii) 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.'';
(B) by striking ``ATHOS I, and'' and inserting ``ATHOS
I;''; and
(C) by striking the period at the end and inserting ``;
Prince William Sound, where oil was discharged by the EXXON
VALDEZ; and the Gulf of Mexico, where oil was discharged by
the DEEPWATER HORIZON.''; and
(3) in subparagraph (C) by striking ``Research'' and
inserting ``Coordination.--Research''.
(e) Demonstration Projects.--Section 7001(c)(6) of such Act
(33 U.S.C. 2761(c)(6)) is amended--
(1) by striking the first sentence and inserting the
following: ``The United States Coast Guard, in conjunction
with such agencies as the President may designate, shall
conduct a total of 2 port oil pollution minimization
demonstration projects, 1 with the Ports of Los Angeles and
Long Beach, California, and 1 with a port on the Great Lakes,
for the purpose of developing and demonstrating integrated
port oil pollution prevention and cleanup systems that
utilize the information and implement the improved practices
and technologies developed from the research, development,
and demonstration program established in this section.''; and
(2) in the second sentence by striking ``oil spill'' and
inserting ``oil discharge''.
(f) Simulated Environmental Testing.--Section 7001(c)(7) of
such Act (33 U.S.C. 2761(c)(7)) is amended by inserting ``Oil
pollution technology testing and evaluations shall be given
priority over all other activities performed at such Research
Center.'' after ``evaluations.''.
(g) Regional Research Program.--
(1) In general.--Section 7001(c)(8) of such Act (33 U.S.C.
2761(c)(8)) is amended--
(A) in subparagraph (A)--
(i) by striking ``program of competitive grants'' and
inserting ``program of peer-reviewed, competitive grants'';
and
(ii) by striking ``(1989)'' and inserting ``(2009)'';
(B) in subparagraph (C) by striking ``the entity or
entities which'' and inserting ``at least one entity that'';
and
(C) by adding at the end the following new subparagraph:
``(H) In carrying out this paragraph, the Interagency
Committee shall coordinate the program of peer-reviewed,
competitive grants to universities or other research
institutions, including Minority Serving Institutions as
defined under section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)), and provide consideration to such
institutions in the recommendations for awarding grants.''.
(2) Funding.--Section 7001(c)(9) of such Act (33 U.S.C.
2761(c)(9)) is amended by striking ``1991'' and all that
follows through ``shall be available'' and inserting ``2011,
2012, 2013, 2014, and 2015, there are authorized to be
appropriated from amounts in the Fund $12,000,000''.
SEC. 5. INTERNATIONAL COOPERATION.
Section 7001(d) of such Act (33 U.S.C. 2761(d)) is amended
to read as follows:
``(d) International Cooperation.--In accordance with the
research plan submitted under subsection (b), the Interagency
Committee shall engage in international cooperation by--
``(1) harnessing global expertise through collaborative
partnerships with foreign governments and research entities,
and domestic and foreign private actors, including
nongovernmental organizations and private sector companies;
and
``(2) leveraging public and private capital, technology,
expertise, and services towards innovative models that can be
instituted to conduct collaborative oil pollution research,
development, and demonstration activities, including
controlled field tests of oil discharges and other activities
designed to improve oil recovery and cleanup.''.
SEC. 6. ANNUAL REPORTS.
Section 7001(e) of such Act (33 U.S.C. 2761(e)) is amended
to read as follows:
``(e) Annual Report.--
``(1) Concurrent with the submission to Congress of the
President's annual budget request in each year after the date
of enactment of the Oil Pollution Research and Development
Program Reauthorization Act of 2010, the Chair of the
Interagency Committee shall submit to Congress a report
describing the--
``(A) activities carried out under this section in the
preceding fiscal year, including--
``(i) a description of major research conducted on oil
discharge prevention, detection, containment, recovery, and
mitigation techniques in all environments by each agency
described in subsection (a)(3)(A) and (B); and
``(ii) a summary of--
``(I) projects in which the agency contributed funding or
other resources;
``(II) major projects undertaken by State and tribal
governments, and foreign governments; and
``(III) major projects undertaken by the private sector and
educational institutions;
``(B) activities being carried out under this section in
the current fiscal year, including a description of major
research and development activities on oil discharge
prevention, detection, containment, recovery, and mitigation
technologies and techniques in all environments that each
agency will conduct or contribute to; and
``(C) activities proposed to be carried out under this
section in the subsequent fiscal year, including an analysis
of how these activities will further the purposes of the
program authorized by this section.
``(2) If the National Academy of Sciences provides
recommendations on the research
[[Page H5871]]
plan under section 7001(b)(3), the Chair shall include, in
the first annual report under paragraph (1) of this
subsection, a description of those recommendations
incorporated into the research plan, and a description of,
and explanation for, any recommendations that are not
included in such plan.''.
SEC. 7. ADVISORY COMMITTEE.
Section 7001 of such Act (33 U.S.C. 2761) is further
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Oil Pollution Research and Development
Program Reauthorization Act of 2010, the Chair of the
Interagency Committee shall establish an advisory committee
to be known as the Oil Pollution Research Advisory Committee
(in this subsection referred to as the `advisory committee').
``(2) Membership.--
``(A) In general.--The advisory committee shall be composed
of members appointed by the Chair, in consultation with the
each member agency described in subsection (a)(3),
including--
``(i) individuals with extensive knowledge and research
experience or operational knowledge of prevention, detection,
response, containment, and mitigation of oil discharges;
``(ii) individuals broadly representative of stakeholders
affected by oil discharges; and
``(iii) other individuals, as determined by the Chair.
``(B) Limitations.--The Chair shall--
``(i) appoint no more than 25 members that shall not
include representatives of the Federal Government, but may
include representatives from State, tribal, and local
governments; and
``(ii) ensure that no class of individuals described in
clause (ii) or (iii) of subparagraph (A) comprises more than
\1/3\ of the membership of the advisory committee.
``(C) Terms of service.--
``(i) In general.--Members shall be appointed for a 3-year
term and may serve for not more than 2 terms, except as
provided in clause (iii).
``(ii) Vacancies.--Vacancy appointments shall be for the
remainder of the unexpired term of the vacancy.
``(iii) Special rule.--If a member is appointed to fill a
vacancy and the remainder of the unexpired term is less than
1 year, the member may subsequently be appointed for 2 full
terms.
``(D) Compensation and expenses.--Members of the advisory
committee shall not be compensated for service on the
advisory committee, but may be allowed travel expenses,
including per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
``(3) Duties.--The advisory committee shall review, advise,
and comment on Interagency Committee activities, including
the following:
``(A) Management and functioning of the Interagency
Committee.
``(B) Collaboration of the Interagency Committee and the
agencies listed in subsection (a)(3)(B).
``(C) The research and technology development of new or
improved response capabilities.
``(D) The use of cost-effective research mechanisms.
``(E) Research, computation, and modeling needs and other
resources needed to develop a comprehensive program of oil
pollution research.
``(4) Subcommittees.--The advisory committee may establish
subcommittees of its members.
``(5) Meetings.--The advisory committee shall meet at least
once per year and at other times at the call of the
chairperson.
``(6) Report.--The advisory committee shall submit biennial
reports to the Interagency Committee and Congress on the
function, activities, and progress of the Interagency
Committee and the programs established under this section.
``(7) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the advisory
committee.''.
SEC. 8. FUNDING.
(a) In General.--Section 7001(g) of such Act, as
redesignated by section 7 of this Act, is amended to read as
follows:
``(g) Funding.--
``(1) In general.--There are authorized to be appropriated
from amounts in the Fund not more than $48,000,000 annually
to carry out this section, except for subsection (c)(8).
``(2) Specific allocations.--From the amounts in paragraph
(1), there are authorized to be appropriated--
``(A) $16,000,000 to the Administrator of the National
Oceanic and Atmospheric Administration annually to carry out
this section; and
``(B) $2,000,000 for each of fiscal years 2011, 2012, 2013,
and 2014 to carry out the activities in subsection (c)(6).''.
(b) Authorization.--Section 1012(a)(5)(C) of such Act (33
U.S.C. 2712(a)(5)(C)) is amended to read as follows:
``(C) notwithstanding section 9509(f) of the Internal
Revenue Code of 1986, not more than $48,000,000 in each
fiscal year shall be available to carry out title VII of this
Act; and''.
SEC. 9. ACCESS TO RESEARCH DURING AN EMERGENCY.
Section 7001 of such Act (33 U.S.C. 2761) is amended by
adding at the end the following new subsection:
``(h) Access to Research During an Emergency.--Any entity
that receives Federal funding for research, the methodologies
or results of which may be useful for response activities in
the event of an oil discharge incident described in sections
300.300-334 of title 40 of the Code of Federal Regulations,
shall, upon request to that entity, make the methodologies or
results of such research available to the Interagency
Committee and the Federal On-Scene Coordinator (as defined in
section 311(a)(21) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(a)(21)). Any methodologies or research
results made available under this subsection shall be for use
only for purposes of the response activities with respect to
the oil discharge incident, and shall not be available for
disclosure under section 552 of title 5, United States Code,
or included in information made publicly available pursuant
to this Act.''.
The SPEAKER pro tempore (Ms. McCollum). Pursuant to the rule, the
gentleman from Tennessee (Mr. Gordon) and the gentleman from Texas (Mr.
Hall) each will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.
General Leave
Mr. GORDON of Tennessee. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and to include extraneous material on H.R. 2693, the bill now
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. GORDON of Tennessee. I yield myself such time as I may consume.
Madam Speaker, as we all know, on April 20, 2010, an explosion
occurred aboard the BP Deepwater Horizon drill rig that claimed the
lives of 11 men and resulted in the largest environmental disaster in
our Nation's history. While the flow of oil from the well might have
stopped for now, as long as our economy is dependent on oil, we risk
similar tragedies happening again and again.
We have a responsibility to ensure that the relevant Federal agencies
are equipped with the technology and intellectual and financial
resources needed to prevent future oil spills and to effectively
respond when they occur. With that, I am pleased to bring before the
House two bills that enhance U.S. preparedness for future oil spills
and improve worker safety.
The first bill is H.R. 2693, the Oil Pollution Research and
Development Program Reauthorization Act of 2010, introduced by my
friend from California, Congresswoman Lynn Woolsey. I congratulate her
for her foresight in introducing this bill.
This bill was passed out of the Science and Technology Committee last
week by a voice vote after considering 21 member amendments, and it
incorporates a few additional changes, partly to address minority
concerns raised in the committee markup.
H.R. 2693 amends the Oil Pollution Act of 1990. In response to the
Exxon Valdez oil spill, OPA 90 was enacted to improve the Nation's
ability to both prevent and mitigate oil spills. Unfortunately, little
progress has been made since then, and today's responders are left with
virtually the same set of tools they had in 1989.
Ms. Woolsey recognized this critical shortcoming in response to the
COSCO Busan oil spill in her district in 2007, and she drafted this
amendment to the OPA 90 to improve the interagency research program.
The BP Deepwater Horizon tragedy has made the intent of this bill all
the more relevant today. H.R. 2693 enhances the research and
development activities, sets up a more efficient Federal management
structure, and provides for more robust oversight and accountability of
the interagency R&D program established in OPA 90.
I would like to thank my ranking member from Texas (Mr. Hall) and
other Republican colleagues for working with us to improve this bill.
Also, once again, I commend Ms. Woolsey for her foresight and for her
commitment to enhancing the Nation's preparedness for oil spills
through H.R. 2693.
I reserve the balance of my time.
Mr. HALL of Texas. I yield myself such time as I may consume.
Madam Speaker, oil and natural gas are a vital part of our economy
and
[[Page H5872]]
will continue to be for the foreseeable future. In order to really
ensure continued availability and access to this resource, we
absolutely have to develop our domestic supply of oil and natural gas
whether it is on land or offshore. Like any other complex endeavor,
accidents are going to happen. The most we can do is try to prevent
them from happening in the first place and then have the tools,
technologies and resources to quickly contain, remove, and mitigate any
oil spill. This was the motivation behind the passage of the research
and development title of the Oil Pollution Act of 1990, and it is our
motivation again today.
H.R. 2693, as reported, is a good effort to address the many concerns
that Science Committee members on both sides of the aisle had with the
introduced version of the bill. It is also an attempt to deal with some
of the shortcomings in the underlying statute. Although we all worked
hard to find compromise on some of the language, a few concerns still
remain.
I am pleased that the legislation maintains the Coast Guard as the
chair of the Interagency Coordinating Committee. As the on-scene
commander for oil discharges in water, Coast Guard leadership is very
necessary to ensure a research and development program remains focused
on relevant research. However, we have some reservations about
streamlining the interagency committee by reducing the participants on
the committee to Coast Guard, NOAA, EPA, and the Department of the
Interior. While I understand the concerns that the size of the
interagency committee was unwieldy, we heard testimony that the current
structure did work. So I am left wondering if this is a case of a
solution in search of a problem.
I am also a bit concerned that the direction of H.R. 2693 has shifted
the focus of the underlying statute to concentrate much more on the
environmental effects of the use of the cleanup technologies rather
than the effectiveness of the technologies, themselves.
While researching and understanding the environmental effects of
technology use is important and should definitely be a part of this
program, it should not detract from the overreaching and overarching
focus of research, technology, development, and demonstration. The
Republicans tried to recover some of this equilibrium via an amendment
accepted by the majority. However, the legislation still requires more
balance.
During the markup, the committee adopted language greatly expanding
the international coordination provisions of the statute. A lively
discussion illustrated our concerns that such an expansive role could
divert the interagency committee from its primary focus of research,
technology, development, and demonstration.
I want to thank the majority for agreeing to temper the language to
alleviate some of our concerns, and I am still hesitant that the vague
provision could become a larger part of the program than was originally
intended.
Coordination and collaboration with other nations and with foreign
research entities can be a useful part of the program. For instance, we
have seen that some of the assistance offered by other nations during
the Deepwater Horizon incident was not accepted for various reasons,
including that some technologies failed to be compatible with our own.
{time} 1210
Researching the compatibility issues, advanced technology development
and coordinated research for field testing of equipment are all
activities that should be considered under this provision. I caution
against a broader implementation of the language.
I have some reservations about a provision added during markup that
would require any entity that receives Federal funding for research,
upon request by the interagency committee, to turn over the results of
that research to assist in the response effort. In times of emergency,
it's vital that the response and decisionmaking authorities have access
to the most recent and relevant information available, but the language
included seemed broad and seemed unclear.
Research that could be helpful during a response to an oil spill may
come from unconventional sources, such as information or technology
developments created for a completely different purpose. The language
suggests that the request for information would not be limited to those
projects explicitly focused on oil spill research. Such a data call
could yield a substantial amount of information, easily overwhelming
the interagency committee, much like we saw when BP was taking
suggestions on how to stop their leak.
We're pleased that the language has been modified to ensure better
protection of this research; however, it's still ambiguous as to how
the information request would be conducted.
When the country is in the midst of a crisis and Congress decides to
act, it's possible for us to go too far to fix things, causing
unintended consequences. Acting deliberately and in a focused manner
will help the current situation and ultimately prevent the necessity of
having to go back and fix things that resulted unexpectedly.
While H.R. 2693 progressed expeditiously through the committee
process, my hope is that as we move through the legislative process,
including a formal conference, some of our concerns and questions may
be addressed. Preparedness is defined as activities and measures that
exist before an emergency and are used to support and enhance the
appropriate response. Research and development are key activities
necessary for not only preparing for an event, but also trying to
prevent its occurrence in the first place.
Finally, after changes made, I'm comfortable with the bill. And I
thank you, Madam Speaker. I thank Chairman Gordon and Ms. Woolsey, who
have been helpful and have written a bill certainly better than we
think it was to begin with.
Madam Speaker, I reserve the balance of my time.
Mr. GORDON of Tennessee. Madam Speaker, I yield 7 minutes to the
gentlewoman from California (Ms. Woolsey), the author of the bill.
Ms. WOOLSEY. I would like to thank Chairman Gordon and Chairman
Baird, the chairman of the Energy Subcommittee, and Ranking Member Hall
for leadership and for cooperation and for making a base bill even
better.
Madam Speaker, in 2007, the container ship Cosco Busan collided with
the San Francisco Bay Bridge, spilling 58,000 gallons of oil into the
San Francisco Bay and causing great harm, great harm to the surrounding
environment, great harm to the economy of my district, and great harm
to the surrounding Bay Area.
Although this spill was minor compared to the current gulf coast
catastrophe, the impact to the Bay Area was widespread. Thousands of
birds, including 50 different species, were killed, coastal fisheries
were impacted, and marine mammals died. All told, more than 200 miles
of coastline was polluted by the Cosco Busan oil spill, costing more
than $70 million in environmental cleanup costs.
What occurred to me throughout the ordeal was the question and the
confusion regarding who was in charge and what technologies were
available to assess and clean up the mess. That's why I introduced H.R.
2693 last year, before the catastrophe of the Gulf of Mexico, to
strengthen coordination of Federal research and development of science
and technologies that will prevent, combat, and clean up spills. And
that is why Chairman Baird held a hearing on the very issue.
Madam Speaker, if we learned anything from the Cosco Busan spill, it
was that we need to strengthen coordination and leadership of oil spill
response, research and development. And everything that we learned from
the BP Gulf of Mexico disaster magnifies my concerns.
Madam Speaker, following the Exxon Valdez oil spill, Congress passed
the Oil Pollution Act of 1990, which created an interagency
coordinating committee to coordinate research and development of oil
spill prevention and response among 14 Federal agencies. Not one, not
two, not three, not four--14 Federal agencies. It was confusing during
the Cosco Busan spill, but that was nothing compared to the confusion
of the gulf disaster.
Chairman Gordon, I want to thank you. Chairman Baird, I want to thank
you for helping to streamline the structure of the interagency
coordinating committee in H.R. 2693. And Ranking Member Hall, I want to
thank you for accepting the changes we've made and the improvements.
[[Page H5873]]
I also want to thank the members of the Science and Technology
Committee and the staff who worked so hard to improve this legislation
and ensure that it reflects recent developments in the gulf.
Madam Speaker, H.R. 2693 streamlines the interagency coordinating
committee to include representatives from NOAA, the Coast Guard, EPA,
and the Department of the Interior, while retaining the Coast Guard as
the chair of the interagency committee. This ensures that the agencies
with the most research expertise in oil spill prevention, detection,
and recovery and mitigation are working together for common solutions
in an effective and efficient way.
Additionally, the interagency committee is required to collaborate
with the other Federal agencies listed in the Oil Pollution Act. And my
bill now includes the National Science Foundation to this list.
My bill increases the authorized level of funding for Federal oil
pollution research and development from $22 million to $48 million, all
of which is drawn from the Oil Spill Liability Trust Fund. This level
of funding hasn't been changed since 1990.
H.R. 2693 also authorizes $12 million in funding for a regional
research program to provide peer-reviewed competitive grants to
institutes of higher learning and research facilities to improve
technologies used to prevent and respond to oil spills.
{time} 1220
Following the Cosco Busan oil leak, we heard time and again from
people responding to the bill that the technology they were using was
inadequate, and was, in fact, almost the same technology used to
respond to Exxon Valdez decades earlier.
During the Science Committee markup of H.R. 2693, as the chairman
mentioned, nearly 20 bipartisan amendments were adopted that
strengthened this bill. With estimates putting the total amount of oil
spilled in the gulf at nearly 200 million barrels, it's essential that
we have the best science and technology possible to deal with a
disaster of this magnitude.
As long as we extract, use, or transport oil in the United States,
there will be some risks of oil spills along our shores. It is obvious
that oil spills negatively affect our coastlines, our marine
ecosystems, and our fishing and tourism industries. Madam Speaker, we
must do our best to protect the public and the environment from future
oil spills.
This bill brings us closer to that goal through targeted and
coordinated research, development, and demonstration that will help us
better prevent, better combat, and better mitigate future oil spills,
no matter the size.
Madam Speaker, I urge my colleagues to support this important
legislation.
Mr. HALL of Texas. Madam Speaker, I reserve the balance of my time.
Mr. GORDON of Tennessee. Madam Speaker, I yield 5 minutes to the
chairman of the Energy and Environment Subcommittee, Dr. Baird.
Mr. BAIRD. I thank the chairman for yielding.
Madam Speaker, I rise today in strong support of the bill before us
now, H.R. 2693, the Oil Pollution Research and Development Program
Reauthorization Act, and shortly we will be discussing H.R. 5716, the
Safer Oil and Natural Gas Drilling Technology Research and Development
Act.
I want to begin by complimenting our chair, Ms. Woolsey and Ranking
Member Hall for two outstanding pieces of legislation that could not be
more timely, and that are tremendously important given not only the
events we are facing in the gulf today, but towards trying to prevent
these kinds of incidents from occurring in the future.
I want to start by commending the many thousands, more than 33,000
people who are in the gulf today working on this cleanup effort. I had
the privilege of traveling there recently, along with members of our
Science Committee staff, and when I met with some of those folks I
asked what can we do to help? And their answer was the first thing you
can do is tell people that we are working tremendously hard, and we are
making a real difference. We have people working in more than 100-
degree weather, in a terribly difficult environment, and they are
working 12- to 14- to 16-hour days, 7 days a week. And they often feel
that all they get is criticism. They are making a real difference. It's
a heroic effort, an unprecedented scale, and we should be proud of
them.
In that visit I met people from virtually every major Federal agency,
from NOAA, EPA, National Marine Fisheries Services, the Coast Guard,
and countless others, many of whom, I am proud to say, are from my own
great State of Washington. And they are very proud of the work they are
doing. I want to begin by acknowledging that.
As we all know, OPA 90 came in response to the Exxon Valdez spill.
And thanks to Ms. Woolsey's leadership, we had actually begun in our
subcommittee to try to review how the research effort to prepare for
and prevent these kinds of spills was going forward. Sadly, that proved
to be very prescient, because the spill that evolved in the gulf is
precisely the kind of event that we were trying to prepare for.
The average folks that I represent say to themselves, and they ask
us, a few simple questions: What went wrong that allowed this to happen
to begin with? What are we doing now to get it cleaned up? How do we
prevent future spills from happening? And if there should be a future
spill, what can we do to clean it up and to better understand and
mitigate the environmental impacts? The legislation, both bills before
us today, answer those questions.
They are designed to improve our ability to extract material in a
safe manner. One of the critical measures we are doing is
reprioritizing some of the funding so there will still be an emphasis
on the extractive technologies, but with greater attention paid to the
safety of those, both the safety of the crews working on the vessel,
and to the protection of the environment from environmental impact.
At the same time, we are trying to do measures to prevent accidents
from occurring in the future. That includes implementing best
practices, reviewing the technologies, human factors dealing with the
communication, and the training of the workforce. Some of the testimony
we had suggested the workforce training has not kept up with
technological developments, particularly in the specialized area of
deepwater drilling. And this applies to the regulatory agencies, who
it's essential that they have personnel on the scene who are experts in
the precise technologies that they are overseeing during their
regulatory visits.
We also spent a great deal of time looking at the environmental
impacts of this. What is it we know about how the environment is being
impacted and what is it we need to know? This legislation before us
will direct the research agencies to improve our knowledge both of the
research available on how to clean this up--we heard from Mr. Kevin
Costner and others who have technologies designed to clean up the
water--but also so we can understand what we need to know to conduct
research prior to the event.
Additionally, I am proud to have authored an amendment, along with
Paul Tonko, that would allow us to pre-stage both technologies for
cleanup and research studies so that should there be an event, we can
make use of that event to gather more knowledge on what we can do to
reduce the oil in the water and to mitigate the environmental impacts.
The other thing people are asking about is what are we going to do to
make sure we can clean this up better? And I will tell you that the
areas we visited in the gulf, there are some areas that are doing
remarkable work to prevent oil from coming onshore in pelican
rookeries, to try to clean up the beaches when they have been
contaminated. But one thing we know, this is going to be a long-
standing impact. And we need to not only research what's happening
today, we need to continue to research what's going on in the future.
This will be a long-term research project. This legislation recognizes
and supports that.
Finally, I should say that this is an international issue, and this
legislation provides for measures to collaborate with international
entities.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. GORDON of Tennessee. I yield the gentleman 1 additional minute.
[[Page H5874]]
Mr. BAIRD. In conclusion again, I just want to acknowledge the
leadership of Mr. Hall, the ranking member, who has been instrumental
in prior work to make sure we had developed competitive technologies to
gain access to these resources for the benefit of our country, but the
foresight of Ms. Woolsey, and the outstanding leadership in bipartisan
fashion of Chairman Gordon.
The Research and Science Committee has again led the way on an issue
of major national importance. I am proud to have been a part of this,
and urge passage of both bills today.
Mr. HALL of Texas. Madam Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. GORDON of Tennessee. Madam Speaker, in conclusion, once again I
want to thank the gentlelady from California (Ms. Woolsey) for bringing
this bill before us, Dr. Baird for getting it through the subcommittee,
the 26 Democrats and Republicans on the Science and Technology
Committee that brought amendments to make a good bill better, and the
majority and minority staffs for working together to bring this bill
before us.
Mr. HALL of Texas. Will the gentleman yield?
Mr. GORDON of Tennessee. I yield to the gentleman from Texas.
Mr. HALL of Texas. I just want to congratulate you and Ms. Woolsey.
This bill was improved very much by her knowledge and history of a bad
occurrence that happened to her in her district that she is trying to
spare the rest of our districts. I thank her for the good work on this.
Mr. GORDON of Tennessee. Madam Speaker, as we move forward today with
floor consideration of H.R. 2693, the Oil Pollution Research and
Development Program Reauthorization Act of 2010, I would like to
recognize and thank Chairman Thompson of the Homeland Security
Committee and Chairman Oberstar of the Transportation and
Infrastructure Committee for their cooperation with respect to this
piece of legislation. Both Chairman Thompson and Chairman Oberstar have
been very supportive in getting this bill to the floor today, and at
this time I would like to insert exchanges of letters between myself
and each of the Chairmen into the Record.
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, July 20, 2010.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, House of
Representatives, Rayburn House Office Building,
Washington, DC.
Dear Chairman Gordon: I write to you regarding H.R. 2693,
the ``Federal Oil Spill Research Program Act''.
H.R. 2693 contains provisions that fall within the
jurisdiction of the Committee on Transportation and
Infrastructure. I recognize and appreciate your desire to
bring this legislation before the House in an expeditious
manner and, accordingly, I will not seek a sequential
referral of the bill. However, I agree to waive consideration
of this bill with the mutual understanding that my decision
to forgo a sequential referral of the bill does not waive,
reduce, or otherwise affect the jurisdiction of the Committee
on Transportation and Infrastructure over H.R. 2693.
Further, the Committee on Transportation and Infrastructure
reserves the right to seek the appointment of conferees
during any House-Senate conference convened on this
legislation on provisions of the bill that are within the
Committee's jurisdiction. I ask for your commitment to
support any request by the Committee on Transportation and
Infrastructure for the appointment of conferees on H.R. 2693
or similar legislation.
Please place a copy of this letter and your response
acknowledging the Committee on Transportation and
Infrastructure's jurisdictional interest in the Committee
Report on H.R. 2693 and in the Congressional Record during
consideration of the measure in the House.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
James L. Oberstar, M.C.,
Chairman.
____
House of Representatives,
Committee on Science and Technology,
Washington, DC, July 20, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Chairman Oberstar: Thank you for your letter regarding
H.R. 2693, the Oil Pollution Research and Development Program
Reauthorization Act of 2010. Your support for this
legislation and your assistance in ensuring its timely
consideration are greatly appreciated.
I agree that provisions in the bill are within the
jurisdiction of the Committee on Transportation and
Infrastructure. I acknowledge that by waiving rights to a
referral of H.R. 2693, your Committee is not relinquishing
its jurisdiction and I will fully support your request to be
represented in a House-Senate conference on those provisions
over which the Committee on Transportation and Infrastructure
has jurisdiction in H.R. 2693. A copy of our letters will be
placed in the legislative report on H.R. 2693 and in the
Congressional Record during consideration of the bill on the
House floor.
I value your cooperation and look forward to working with
you as we move ahead with this important legislation.
Sincerely,
Bart Gordon,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, July 20, 2010.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, Rayburn Bldg.,
House of Representatives, Washington, DC.
Dear Chairman Gordon: I write to you regarding H.R. 2693,
the ``Federal Oil Spill Research Program Act.''
H.R. 2693 contains provisions that fall within the
jurisdiction of the Committee on Homeland Security. I
recognize and appreciate your desire to bring this
legislation before the House in an expeditious manner and,
accordingly, I will not seek a sequential referral of the
bill. However, agreeing to waive consideration of this bill
should not be construed as the Committee on Homeland Security
waiving, altering, or otherwise affecting its jurisdiction
over subject matters contained in the bill which fall within
its Rule X jurisdiction.
Further, I request your support for the appointment of an
appropriate number of Members of the Committee on Homeland
Security to be named as conferees during any House-Senate
conference convened on H.R. 2693 or similar legislation. I
also ask that a copy of this letter and your response be
included in the legislative report on H.R. 2693 and in the
Congressional Record during floor consideration of this bill.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
Bennie G. Thompson,
Chairman.
____
House of Representatives,
Committee on Science and Technology,
Washington, DC, July 20, 2010.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, House of
Representatives, Ford House Office Building, Washington,
DC.
Dear Chairman Thompson: Thank you for your letter regarding
H.R. 2693, the Oil Pollution Research and Development Program
Reauthorization Act of 2010. Your support for this
legislation and your assistance in ensuring its timely
consideration are greatly appreciated.
I agree that provisions in the bill are within the
jurisdiction of the Committee on Homeland Security. I
acknowledge that by waiving rights to a referral of H.R.
2693, your Committee is not relinquishing its jurisdiction
and I will fully support your request to be represented in a
House-Senate conference on those provisions over which the
Committee on Homeland Security has jurisdiction in H.R. 2693.
A copy of our letters will be placed in the legislative
report on H.R. 2693 and in the Congressional Record during
consideration of the bill on the House floor.
I value your cooperation and look forward to working with
you as we move ahead with this important legislation.
Sincerely,
Bart Gordon,
Chairman.
Mr. GORDON of Tennessee. Madam Speaker, I have no further requests
for time, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Gordon) that the House suspend the rules
and pass the bill, H.R. 2693, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________