[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.

                          ____________________