[Congressional Record Volume 156, Number 108 (Wednesday, July 21, 2010)]
[House]
[Pages H5874-H5878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1230
SAFER OIL AND NATURAL GAS DRILLING TECHNOLOGY RESEARCH AND DEVELOPMENT 
                                  ACT

  Mr. GORDON of Tennessee. Madam Speaker, I move to suspend the rules 
and pass the bill (H.R. 5716) to provide for enhancement of existing 
efforts in support of research, development, demonstration, and 
commercial application activities to advance technologies for the safe 
and environmentally responsible exploration, development, and 
production of oil and natural gas resources, as amended.
  The Clerk read the title of the bill.

[[Page H5875]]

  The text of the bill is as follows:

                               H.R. 5716

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. SUBTITLE AMENDMENT.

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

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

       (a) Program Authority.--Section 999A of the Energy Policy 
     Act of 2005 (42 U.S.C. 16371) is amended--
       (1) in subsection (a)--
       (A) by striking ``ultra-deepwater'' and inserting 
     ``deepwater''; and
       (B) by inserting ``well control and accident prevention,'' 
     after ``safe operations,'';
       (2) in subsection (b)--
       (A) by inserting ``, accident prevention and mitigation,'' 
     after ``improving safety'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Deepwater architecture and technology, including 
     those for drilling to formations in water depths greater than 
     1,000 feet.''; and
       (C) by striking paragraph (4) and inserting the following:
       ``(4) Complementary research carried out by the 
     Department.'';
       (3) in subsection (d)--
       (A) in the subsection heading, by striking ``National 
     Energy Technology Laboratory'' and inserting ``Department of 
     Energy''; and
       (B) by striking ``National Energy Technology Laboratory'' 
     and inserting ``Office of Fossil Energy of the Department'';
       (4) in subsection (e)--
       (A) in the subsection heading, by striking ``Secretary of 
     the Interior'' and inserting ``Other Federal Agencies''; and
       (B) by inserting ``and other agencies as appropriate, 
     including those serving on, and collaborating with, the 
     Interagency Coordinating Committee on Oil Pollution Research 
     as established under section 7001 of the Oil Pollution Act of 
     1990 (33 U.S.C. 2761(a))'' after ``Secretary of the 
     Interior''; and
       (5) by adding at the end the following:
       ``(f) Partnerships.--In carrying out the program under this 
     subtitle, the Secretary shall seek to establish partnerships 
     with eligible research performers, as described by section 
     999E, to undertake research and development not likely 
     otherwise to be undertaken in the absence of support from the 
     program.''.
       (b) Program Elements.--Section 999B of the Energy Policy 
     Act of 2005 (42 U.S.C. 16372) is amended--
       (1) in the section heading, by striking ``ULTRA-DEEPWATER 
     AND UNCONVENTIONAL ONSHORE NATURAL GAS AND OTHER PETROLEUM'' 
     and inserting ``SAFER OIL AND NATURAL GAS DRILLING 
     TECHNOLOGY'';
       (2) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary shall carry out the 
     activities under section 999A to maximize the benefits of 
     natural gas and other petroleum resources of the United 
     States by advancing the safe and environmentally responsible 
     exploration, development, and production of those 
     resources.'';
       (3) in subsection (c)(1)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) select projects on a competitive basis;'';
       (4) in subsection (c)(3)(A)(ii), by striking ``under 
     subsection (f)(4)'';
       (5) in subsection (d)--
       (A) in paragraph (6), by striking ``ultra-deepwater'' and 
     inserting ``deepwater''; and
       (B) by striking paragraph (7) and inserting the following:
       ``(7) Focus areas for awards.--
       ``(A) Deepwater resources.--Awards from allocations under 
     section 999H(d)(1) shall focus on research, development, 
     demonstration, and commercial application activities in areas 
     that include--
       ``(i) technologies and systems aimed at improving 
     operational safety and reducing potential environmental 
     impacts of deepwater exploration and production activities, 
     including--

       ``(I) wellbore integrity, well control, and blowout 
     prevention;
       ``(II) capture and containment of oil at or near the 
     wellhead; and
       ``(III) expanding operational capabilities and efficiency 
     of remotely operated devices and mechanics;

       ``(ii) safe and environmentally responsible deepwater 
     exploration and production technologies, integrated systems, 
     and architectures for enhancing oil and natural gas drilling 
     and recovery, including under extreme conditions;
       ``(iii) methods and technologies for severe weather and 
     ocean surface condition preparedness;
       ``(iv) utilization of exploration and production methods 
     and materials that reduce the potential impact of such 
     activities on the environment; and
       ``(v) other areas as determined appropriate by the 
     Secretary.
       ``(B) Unconventional onshore resources.--Awards from 
     allocations under section 999H(d)(2) shall focus on research, 
     development, demonstration, and commercial application 
     activities in areas that include--
       ``(i) advanced coalbed methane, deep drilling, natural gas 
     production from tight sands, natural gas production from gas 
     shales, stranded gas, innovative exploration and production 
     techniques, and enhanced recovery techniques;
       ``(ii) increased efficiency of energy use in exploration 
     and production activities;
       ``(iii) utilization of exploration and production methods 
     and materials that reduce the potential impact of such 
     activities on the environment;
       ``(iv) recovery, utilization, reduction, and improved 
     management of produced water from exploration and production 
     activities; and
       ``(v) accident prevention and mitigation of unconventional 
     natural gas and other petroleum resources exploration and 
     production.
       ``(C) Small producers.--Awards from allocations under 
     section 999H(d)(3) shall be made to consortia consisting of 
     small producers or organized primarily for the benefit of 
     small producers, and shall focus on areas that include--
       ``(i) safety and accident prevention, environmental 
     mitigation, waste reduction, reduction of energy use, and 
     well control and systems integrity;
       ``(ii) complex geology involving rapid changes in the type 
     and quality of the oil and gas reserves across the reservoir;
       ``(iii) low reservoir pressure and unconventional natural 
     gas reservoirs in coalbeds, deep reservoirs, tight sands, or 
     shales; and
       ``(iv) advancing energy efficient, safe, and 
     environmentally responsible production of unconventional oil 
     reservoirs in tar sands and oil shales.
       ``(D) Safety, and accident prevention and mitigation, 
     technology research and development by the department.--
     Awards from allocations under section 999H(d)(4) shall focus 
     on safety, and accident prevention and mitigation, research, 
     development, demonstration, and commercial application 
     activities in areas that may include--
       ``(i) improved technologies and best management practices 
     for enhanced well integrity including--

       ``(I) cementing;
       ``(II) casing;
       ``(III) wellbore sealant technologies;
       ``(IV) well-plugging and abandonment;
       ``(V) improvement and standardization of blowout prevention 
     devices;
       ``(VI) actuation and pressure testing; and
       ``(VII) other well control activities;

       ``(ii) research to aid in the development of industry best 
     practices and standards for workforce training, design of 
     safe workplace environments, and safety related 
     decisionmaking processes, including by drawing on existing 
     research into human factors and safety related practices in 
     fields such as the nuclear energy, aviation, and automotive 
     industries;
       ``(iii) secondary control systems to activate blowout 
     prevention devices and terminate well-flow, including--

       ``(I) deadman switches;
       ``(II) automatic shears; and
       ``(III) remote acoustic switches;

       ``(iv) technologies and methods for accident mitigation, 
     including--

       ``(I) capture, containment, or dispersing of oil at or near 
     the wellhead;
       ``(II) estimating flow rate;
       ``(III) diagnostic sensors to determine equipment 
     malfunction; and
       ``(IV) procedures to terminate flow;

       ``(v) continuing ongoing efforts, including in resource 
     assessment and characterization, and in simulation of safe 
     and effective drilling under extreme conditions, including 
     high temperatures and pressures;
       ``(vi) development of methodologies for risk management 
     decisionmaking, including comparative risk analysis and 
     quantitative risk assessment of potential for failure in the 
     technologies, management practices, and systems studies under 
     this subsection; and
       ``(vii) other activities as described in this paragraph or 
     as determined appropriate by the Secretary.'';
       (6) in subsection (e)--
       (A) in paragraph (2)--
       (i) in the second sentence of subparagraph (A), by 
     inserting ``to the Secretary for review'' after ``submit''; 
     and
       (ii) in the first sentence of subparagraph (B), by striking 
     ``Ultra-Deepwater'' and all that follows through ``and such 
     Advisory Committees'' and inserting ``Program Advisory 
     Committee established under section 999D(a), and the Advisory 
     Committee'';
       (B) in paragraph (4)--
       (i) by striking ``and'' at the end of subparagraph (A);
       (ii) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) a summary of ongoing and planned activities aimed at 
     improving operational safety and reducing potential 
     environmental impacts of exploration and production.''; and
       (C) by adding at the end the following:
       ``(6) Research findings and recommendations for 
     implementation.--The Secretary shall publish in the Federal 
     Register an annual report on the research findings of the 
     program carried out under this section and

[[Page H5876]]

     any recommendations for implementation that the Secretary 
     determines to be necessary.'';
       (7) in subsection (f)(2), by inserting ``In carrying out 
     this subsection, the Secretary shall ensure that safety and 
     accident prevention and mitigation be regularly included as 
     specific focus areas for solicitations.'' after 
     ``consortium.'';
       (8) in subsection (i)--
       (A) in the subsection heading, by striking ``United States 
     Geological Survey'' and inserting ``Department of the 
     Interior''; and
       (B) by striking ``, through the United States Geological 
     Survey,''; and
       (9) in subsection (j), by striking ``National Energy 
     Technology Laboratory'' and inserting ``Office of Fossil 
     Energy of the Department''.

     SEC. 4. PROGRAM ADVISORY COMMITTEE.

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

     ``SEC. 999D. PROGRAM ADVISORY COMMITTEE.

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

     SEC. 5. DEFINITIONS.

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

     SEC. 6. FUNDING.

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

     SEC. 7. CONFORMING AMENDMENTS.

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

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

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

``Sec. 999B. Safer Oil and Natural Gas Drilling Technology Research and 
              Development Program.'';

     and
       (3) by amending the item relating to section 999D to read 
     as follows:

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

  The SPEAKER pro tempore. 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. 5716, 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. Madam Speaker, I yield myself such time as I 
may consume.
  Advances in drilling technologies have allowed industry to venture 
into ever deeper waters in search of the enormous oil and gas reserves 
found there. Operating in such extreme environments entails immense 
engineering and technological challenges, the complexity of which is 
encountered in few other endeavors.
  In the hypercompetitive field of energy, the industry is naturally 
guarded about sharing information and collaborating on proprietary 
technology development. But safety is universal, and it's time we use 
Federal resources in pushing the technology envelope towards safer and 
more environmentally responsible oil and natural gas exploration and 
production.
  My bill, H.R. 5716, the Safer Oil and Natural Gas Drilling Technology 
Research and Development Act, does just that by realigning the focus 
and funding of existing programs set-up under section 999 of the Energy 
Policy Act of 2005 on environmental and worker safety and accident 
prevention and mitigation. I introduced this bill after close 
collaboration with my friend from Texas, Mr. Hall, who has been a long-
time champion of this program.
  As we look toward Federal resources to rapidly advance this field, it 
is somewhat fortuitous that the 999 program is already in place. Both 
the outside research consortium, RPSEA, and the program at the National 
Energy Technology Laboratory are well-suited to take on challenges of 
R&D into the technologies for drilling safety and accident prevention 
mitigation.
  As a DOE lab for fossil energy, NETL has an extensive research 
infrastructure and a long history of expertise and excellence in this 
field and through the relatively new RPSEA, currently has approximately 
170 members from across industry, academia, NGOs, and government 
research entities. Furthermore, the program does not require new 
spending since it's already funded from $50 million in royalty 
revenues.
  If properly realigned to meet the current challenges, this research 
program, authorized by section 666, represents the Department of 
Energy's best resources for improving safety and reducing the 
environmental impact of offshore and onshore oil and natural gas 
exploration and production activities.
  As I said, H.R. 5716 is the product of significant bipartisan 
collaboration, and I want to thank Mr. Hall, his

[[Page H5877]]

staff, and the other members of the Science and Technology Committee 
for their continuing good work as we move this legislation forward.
  I reserve the balance of my time.
  Mr. HALL of Texas. I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 5716, the Safer Oil and 
Natural Gas Drilling Technology Research and Development Act.
  As we near the 100-day mark since the beginning of the Deepwater 
Horizon disaster, our understanding of the precise causes of the 
accident--and the missteps in the days that followed--remain unclear.
  However, regardless of the ultimate causes of and best responses to 
the disaster, it makes sense to continue pursuing improvements to safe 
and environmentally responsible drilling operations as well as 
effective spill response systems.
  The two oil spill-related bills under consideration by the House 
today represent the Science and Technology Committee's contribution to 
this effort and are likely to have a significant impact on future 
drilling and response mitigation efforts.
  The program offered by this bill, H.R. 5716, was established in 
section 999 of the Energy Policy Act of 2005. It supports through a 
collaborative effort between the Department of Energy and a university 
industry research consortium cutting-edge technologies to enhance safe 
and environmentally responsible offshore and onshore oil and gas 
development.
  The program has contributed significantly to transformational 
advances in deep offshore and onshore drilling technologies that are 
helping to efficiently and responsibly recover energy supplies long 
known to exist but which were previously inaccessible. The recovery of 
these resources has resulted in significant benefits to taxpayers in 
the form of domestic jobs and affordable energy, as well as increasing 
royalties to the fund that pays for the program in the first place.
  The changes to EPAct section 999 made by H.R. 5716 are the product of 
extensive negotiations with the majority to develop compromised 
legislation in response to the Deepwater Horizon disaster. 
Specifically, the bill makes three changes to the existing statute. 
First, it shifts the focus of each of the program's four elements 
towards advancing safety and accident prevention and mitigation 
technologies associated with oil and natural gas exploration and 
production.
  Second, it adjusts the award allocations among these four programs 
reducing deepwater and unconventional onshore natural gas programs by a 
small amount while increasing the allocation for Department of Energy 
in-house research from 25 percent to 35 percent.
  And, third, it redefines and expands the scope of offshore R&D 
activities to those involving water depths of a thousand feet or 
greater, a reduction from the 5,000 feet in current law, and in doing 
so, modifies the current focus on ``ultra-deepwater'' activities to 
pertain simply to deepwater activities.
  Additionally, the bill makes numerous additional minor changes to the 
management and structure of the 999 program while preserving its 
original goals and objectives which recognize America's domestic oil 
and natural gas resources are important national priorities that 
contribute significantly to job growth and to the economy while 
reducing dependence on foreign sources of energy.
  While this precise focus and detailed language in this bill is not 
ideal, it represents a fair and responsible and reasonable compromise 
that preserves and strengthens the section 999 program. This is the 
only R&D program in the Federal Government capable of ramping up its 
activities quickly and effectively to address renewed interest in 
drilling technology research in the wake of the Deepwater Horizon 
disaster. Given the administration's efforts to terminate any and all 
research and development relating to oil and natural gas, this program 
is all the more vital.
  I want to again extend my thanks to Chairman Gordon for working with 
me and with us on this bill and the staffs working with one another. I 
look forward to continued bipartisan cooperation on this bill as the 
legislative process moves forward. I urge Members to support my bill.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. Madam Speaker, I yield 2 minutes to the 
gentleman from Pennsylvania (Mr. Tim Murphy).
  Mr. TIM MURPHY of Pennsylvania. I thank the distinguished chairman of 
the Science Technology Committee, Mr. Gordon. I would also like to 
thank both Chairman Gordon and Ranking Member Hall for their generosity 
in letting me voice suggestions to this very important piece of 
legislation.
  As this legislation demonstrates, Congress will not allow the 
Deepwater Horizon incident to end safe exploration for American energy 
resources. If America fails to safely and securely produce our own 
energy resources, we increase our dependence on foreign oil, weaken our 
national security, and stand to lose good-paying jobs. I commend the 
chairman for this legislation making deepwater drilling technologies 
safer and want to call particular attention to the work of the National 
Energy Technology Laboratories.
  These workers have scientific expertise related to fluid flow, 
imaging, fire science, and ultra-deepwater, and can integrate research 
across academia, national labs, and industry. The national energy labs 
have unique capabilities related to the containment of high-pressure 
fluids/gases in the subsurface under extreme conditions, like the 
prediction of materials' behavior under extreme conditions.
  The Federal Government has a critical role to play in the research of 
new drilling technologies. In representing the interests of the 
taxpayers, the Federal Government is the fair arbiter--weighing the 
risk of exploration against the environmental impacts, unrelated to the 
value of economic return. The workers at these labs have demonstrated 
themselves to be responsible stewards of taxpayer money with respect to 
ultra-deepwater programs, and I hope they'll continue to do so.
  Although H.R. 5716 eliminates specific reference to the National 
Energy Technology Labs, it is not the chairman's firm belief that this 
vital research that is so necessary to ensuring America's energy 
independence will continue to be coordinated and overseen by the 
dedicated and experienced Federal employees in the award-winning 
laboratories in Pennsylvania, West Virginia, and Oregon. Would that be 
correct, Mr. Chairman?
  I yield to the gentleman.

                              {time}  1240

  Mr. GORDON of Tennessee. I certainly respect the gentleman's opinion 
on this matter and do, in fact, foresee that employees at the National 
Energy Technology Laboratories will continue their work on ultra 
deepwater research under the program's new name of Safer Oil and 
Natural Gas Drilling Technology Research. They've done an excellent job 
in the past, and I'm sure they will continue to do an excellent job.
  Mr. TIM MURPHY of Pennsylvania. I thank the gentleman for his 
response.
  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 
gentleman from Washington, Dr. Baird.
  Mr. BAIRD. I thank the chairman.
  My earlier comments acknowledged the many people who are working so 
hard down in the gulf, and I want to pay particular respect and 
admiration to a great public servant, Admiral Thad Allen. As many of us 
know, Thad Allen in effect essentially retired from the Coast Guard, 
but recognizing the importance of this mission and the urgency of his 
role there he has stayed on, working many, many long hours in an 
incredibly complex endeavor. I have immense respect for him and hope 
that people appreciate the kind of contribution not only that Admiral 
Allen is making but that all of the coasties and other government 
employees are making down there, as well as the many local residents as 
well.
  I also want to acknowledge the great work of the committee staff on 
both sides of the aisle in drafting this legislation, and I 
particularly want to speak about an aspect of this legislation that 
I've worked on and that I think is particularly important and often 
overlooked.
  In many other areas of activity, the role of human factors has been 
recognized as playing an increasingly important role. That's the case 
with the nuclear power industry, which realized in

[[Page H5878]]

the post-Three Mile Island analyses that the complex information that 
was being provided to the operators of the plant was easily 
overwhelming and contributed to that disaster.
  It has been recognized for a long time by the Federal Aviation 
Administration. Indeed, the tragic accident in which an airliner 
crashed into the Potomac not far from this very building was believed 
strongly related to ice on the wings, but not just the ice on the wing, 
but how the pilot and the copilot interacted in their discussion about 
whether or not it would be safe to fly under those conditions.
  As they looked at that analysis, it became apparent that the rules 
for cockpit interactions and making decisions about safety needed to be 
changed.
  When we looked at this event that happened in the gulf and you follow 
the dialogue that has been reported between BP and the drilling 
operators, it is clear that human factors and risk analysis needs 
dramatic improvement. Witnesses at the committee hearing testified that 
we have to not only improve, as I mentioned earlier, the training of 
the personnel on the rigs, but I think the management needs to be 
addressed and the decisionmaking process.
  If you can have a circumstance wherein someone says we're going to go 
ahead with this operation as we deem appropriate, and effectively the 
response was, well, that's I guess why we have the blowout prevention 
devices, meaning somebody thought that if we do this, we're likely to 
have a blowout. Now, when one looks at the history of safety and 
efficacy of those blowout preventers, it's pretty clear that they had a 
high failure rate.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. GORDON of Tennessee. I yield 2 additional minutes to the 
gentleman.
  Mr. BAIRD. If we have an interaction system wherein people are making 
decisions with a known possibility of a blowout and blowout preventers 
that have a fairly high probability of failure, somebody needs to 
intervene and say what the heck is going on here if people can make 
these decisions when, and I want to underscore this, when the 
consequence is the loss of human life. Eleven souls lost their lives on 
that rig that day. We talk so much about the cleanup and the 
environmental catastrophe that's resulted. Let us not forget those 
eleven lives. When people's decisionmaking leads to the loss of human 
life and leads to an environmental and economic tragedy of this 
magnitude, we've got to make sure they make those decisions in the 
right way, with the right information and the right communication 
strategy, and as important as this bill is in improving the technology 
for drilling and drilling safety, essential to that technology are the 
human elements, and I'm grateful that the committee saw fit to include 
those elements in the legislation.
  I thank the chairman again.
  Mr. HALL of Texas. I yield back the balance of my time.
  Mr. GORDON of Tennessee. Madam Speaker, in conclusion, I want to once 
again thank Ranking Member Hall for his initiating this bill. He is the 
father of this bill, and I think we all recognize his good work there.
  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. 5716, 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.

                          ____________________