[Congressional Record Volume 157, Number 55 (Thursday, April 14, 2011)]
[Senate]
[Pages S2536-S2539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida:
  S. 862. A bill to provide for a comprehensive Gulf of Mexico 
restoration plan, and for other purposes; to the Committee on 
Environment and Public Works.
  Mr. NELSON Of Florida. Mr. President, I rise today, 360 days after 
the Deepwater Horizon oil rig exploded in the Gulf of Mexico, taking 
the lives of 11 Americans and forever changing the lives of their 
friends and families. Following the explosion, hundreds of millions of 
gallons of oil spewed out of that monster well for months, devastating 
the environment and the economy of the Gulf Coast. It is my hope and my 
belief that by the passage of time, the hard work and dedication of 
individuals, and the power of mother nature, the Gulf Coast will 
recover. But it will not be immediate.
  I can't believe Congress hasn't addressed things like liability, and 
that some in Congress still are dead set on carrying out the oil 
industry's agenda, regardless of all the safety, economic and 
environmental concerns. Meantime, the companies say we need to allow 
additional offshore drilling. What they don't say is we have already 
given them tens of millions of additional acres in the Gulf of Mexico 
where they haven't even started drilling yet.
  Under current law, the party responsible for an oil spill will be 
assessed fines for violations of the Clean Water Act. Those fines go to 
the Oil Spill Liability Trust Fund. But several folks have suggested 
that those fines should go to the Gulf Coast--to restore the 
environment, provide economic recovery, and to make the Gulf more 
resilient to disasters--including the Secretary of the Navy Ray Mabus, 
and the President's Oil Spill Commission headed up by Senator Bob 
Graham and Bill Reilly. Just like some of the lessons we learned after 
the Exxon-Valdez oil spill led to the passage of landmark laws, we need 
to take the lessons of the Deepwater Horizon oil spill and restore the 
Gulf.
  So today, before the 1 year anniversary of the Deepwater Horizon, I 
am introducing a bill to put the Gulf Coast back to work and return it 
to the healthy, vibrant ecosystem it used to be--complete with sugar 
white sand beaches and some of the best fishing in the world. I have 
heard from city commissioners, hotel workers, fishermen and Americans 
that visit our beautiful Gulf coast that this is the right thing to do. 
The Gulf of Mexico Recovery, Restoration, and Resiliency Act will get 
funding to local governments for environmental education, restoration 
and research, as well as workforce development, and tourism promotion 
projects. It will create a Council with state and federal members to 
develop a comprehensive plan for the Gulf of Mexico. This bill will 
ensure long-term cooperative monitoring of the status of our fishery 
resources--where fishermen will work alongside scientists to protect 
their livelihoods by collecting the best data.
  Most importantly, this bill will bring together all of the folks who 
care about the Gulf and provide them with the funding to restore it. 
Specifically, the bill creates a Citizen's Advisory Committee and a 
Science Advisory Committee to provide input on the direction of Gulf 
restoration activities. Our federal resource partners like the 
Department of Interior, the National Oceanic and Atmospheric 
Administration, and the Environmental Protection Agency will all have a 
seat at the table. Our State and local voices will be heard and have 
opportunities to undertake projects that support a healthy Gulf and a 
vibrant coastal economy.
  It was heartbreaking less than a year ago to watch as oil spewed into 
the Gulf of Mexico, to hear of dead dolphins washing ashore, and to 
speak with folks who have lost their businesses because nobody came to 
the beach last summer. But it is also gives me hope to know that Gulf 
residents are a resilient, hard-working type. I know that if we can get 
them the tools and a strong plan for rebuilding, the Gulf will start to 
recover. We can make it right by sending the Clean Water Act fines to 
the areas that took the hit. So I'm asking that my Senate colleagues 
will support my efforts to help restore this national treasure, and I 
look forward to working towards that goal.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 862

       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 ``Comprehensive Gulf of Mexico 
     Recovery, Restoration, and Resiliency Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Citizens' advisory committee.--The term ``Citizens' 
     Advisory Committee'' means the Gulf of Mexico Regional 
     Citizens' Advisory Committee established by section 8(a).
       (2) Clean energy production and development.--The term 
     ``clean energy production and development'' means any 
     electricity generation, transmission, storage, heating, 
     cooling, industrial process, or manufacturing project the 
     primary purpose of which is the deployment, development, or 
     production of an energy system or technology that avoids, 
     reduces, or sequesters air pollutants or anthropogenic 
     greenhouse gases.
       (3) Council.--The term ``Council'' means the Gulf of Mexico 
     Recovery Council established by section 3(a).
       (4) Eligible entity.--The term ``eligible entity'' means an 
     organization that--
       (A) is a consortium of 1 or more public and private 
     institutions of higher education in a Gulf State;
       (B) is formally established by a board of higher education 
     in a Gulf State for the purpose of collaborating on marine 
     science research;
       (C) carries out 1 or more operations that are physically 
     located in the Gulf coast; and
       (D) demonstrates experience arising from--
       (i) the conduct of the types of activities described in 
     section 6; and
       (ii) the ability to carry out each requirement described in 
     subsections (c), (d), and (e) of section 6.
       (5) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term in section 1004 of the Solid Waste 
     Disposal Act (42 U.S.C. 6903).
       (6) Fishery endowment.--The term ``Fishery Endowment'' 
     means the Gulf of Mexico Fishery Endowment established under 
     section 7(a).
       (7) Fund.--The term ``Fund'' means the Gulf of Mexico 
     Recovery Fund established by section 4(a).
       (8) Gulf.--The term ``Gulf'' means the submerged land of 
     the outer Continental Shelf, and the areas of the exclusive 
     economic zone of the United States, within the Gulf of 
     Mexico, including associated coastal watersheds, estuaries, 
     beaches, and wetlands.
       (9) Gulf coast.--The term ``Gulf coast'' means--
       (A) each coastal zone (as determined pursuant to the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)) 
     of each Gulf State (including water adjacent to the Gulf 
     State); and
       (B) submerged land of the outer Continental Shelf located 
     in the Gulf of Mexico.
       (10) Gulf oil spill.--The term ``Gulf oil spill'' means the 
     discharge of oil and the use of oil dispersants that began in 
     2010 in connection with the blowout and explosion of the 
     mobile offshore drilling unit Deepwater Horizon that occurred 
     on April 20, 2010, and resulting hydrocarbon releases into 
     the environment.
       (11) Gulf state.--The term ``Gulf State'' means any of the 
     States of--
       (A) Alabama;
       (B) Florida;
       (C) Louisiana;
       (D) Mississippi; and
       (E) Texas.
       (12) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       (13) Local political subdivision.--The term ``local 
     political subdivision'' means any city, county, township, 
     town, borough, parish, village, or other general purpose 
     political subdivision of a State.
       (14) Natural resource trustee.--The term ``natural resource 
     trustee'' means each of the Federal and State trustees 
     designated under title I of the Oil Pollution Act of 1990 (33 
     U.S.C. 2701 et seq.) with respect to natural resource damages 
     relating to the Gulf oil spill.
       (15) Observation system.--The term ``Observation System'' 
     means the Gulf of Mexico

[[Page S2537]]

     Observation System established under section 6(a).
       (16) Plan.--The term ``Plan'' means the Comprehensive Gulf 
     of Mexico Recovery Plan developed under section 5(a).
       (17) Strategy.--The term ``Strategy'' means the regional 
     ecosystem restoration strategy developed by the Gulf Coast 
     Ecosystem Restoration Task Force established by Executive 
     Order 13554 (16 U.S.C. 1451 note; relating to the Gulf Coast 
     Ecosystem Restoration Task Force).

     SEC. 3. GULF OF MEXICO RECOVERY COUNCIL.

       (a) Establishment.--There is established the Gulf of Mexico 
     Recovery Council.
       (b) Membership.--The Council shall be composed of each 
     member of the Gulf Coast Ecosystem Restoration Task Force 
     established by Executive Order 13554 (16 U.S.C. 1451 note; 
     relating to the Gulf Coast Ecosystem Restoration Task Force).
       (c) Chairperson.--The President shall select a Chairperson 
     from among the members of the Council.
       (d) Duties.--The Council, in coordination with the natural 
     resource trustees, shall--
       (1) develop the Plan;
       (2) establish guidelines for the provision of, and provide, 
     grants in accordance with subsection (e);
       (3) establish the Observation System;
       (4) establish the Fishery Endowment;
       (5) coordinate the sharing of scientific information and 
     other research associated with Gulf coast economic 
     development, ecosystem restoration, and public health 
     rehabilitation;
       (6) form partnerships with Federal and State agencies, 
     institutions of higher education, research consortia, private 
     companies, and other relevant entities; and
       (7) submit to the appropriate committees of Congress an 
     annual report under subsection (f).
       (e) Grants.--
       (1) In general.--Using amounts made available for 
     expenditure from the Fund for a fiscal year, the Council 
     shall provide grants in accordance with this subsection.
       (2) Grants to local political subdivisions.--
       (A) In general.--For each fiscal year, of the amounts made 
     available for expenditure from the Fund, the Council shall 
     use 45 percent of the amounts to provide grants to local 
     political subdivisions.
       (B) Request for grant proposals.--Not later than 30 days 
     after the date of enactment of this Act, and every 180 days 
     thereafter until such time as the percentage of amounts 
     specified in subparagraph (A) for a fiscal year has been 
     provided in the form of grants under this paragraph, the 
     Council shall issue to each local political subdivision 
     affected by the Gulf oil spill, as determined by the Council, 
     a request for proposal for grants for activities relating to 
     Gulf coast economic development, ecosystem restoration, and 
     public health rehabilitation, including--
       (i) environmental restoration and remediation (including 
     remediation in coastal and marine ecosystems);
       (ii) academic and applied research regarding the economy, 
     environment, and public health of the local political 
     subdivision;
       (iii) seafood marketing;
       (iv) tourism and tourism marketing;
       (v) coastal land acquisition;
       (vi) ecosystem resource planning;
       (vii) renewable and clean energy production and 
     development, energy conservation, and related retrofitting 
     projects;
       (viii) workforce development; and
       (ix) environmental education.
       (C) Consistency with regional ecosystem restoration 
     strategy.--The Council shall ensure that any funds made 
     available under this paragraph shall be used for projects and 
     activities that are consistent with the Strategy.
       (D) Timing of provision of grants.--The Council shall 
     provide a grant under this paragraph not later than 120 days 
     after the date on which the Council receives a proposal for 
     the grant described in subparagraph (B).
       (3) Grants from council for plan and observation system.--
       (A) In general.--For each fiscal year, of the amounts made 
     available for expenditure from the Fund, the Council shall 
     use 50 percent of the amounts to provide grants for use in--
       (i) funding projects, programs, or activities to meet the 
     goals described in section 5(b); and
       (ii) carrying out section 6.
       (B) Eligible recipients.--The Council may provide a grant 
     under this paragraph--
       (i) for a purpose described in subparagraph (A)(i), to--

       (I) a Federal or State agency;
       (II) an institution of higher education; or
       (III) a local political subdivision; and

       (ii) for the purpose described in subparagraph (A)(ii), to 
     eligible entities selected by the Council under section 
     6(b)(2)(A).
       (C) Condition for receipt of grant.--As a condition on the 
     receipt of a grant under this paragraph, and eligible 
     recipient described in subparagraph (B)(i) shall agree to 
     coordinate with the Council to develop and modify proposed 
     projects to address needs under, and achieve the goals of, 
     the Plan.
       (4) Method of allocation.--
       (A) In general.--The Council shall allocate the amounts to 
     be used within each Gulf State under this paragraph in 
     accordance with subparagraph (B).
       (B) Allocation.--
       (i) Proportionate share of length of gulf coast 
     shoreline.--Of the amounts allocated to a Gulf State 
     described in subparagraph (A) for each fiscal year, 60 
     percent shall be allocated based on the proportion that, as 
     determined by the Council based on the most recently 
     available data from, or accepted by, the Office of Coast 
     Survey of the National Oceanic and Atmospheric 
     Administration--

       (I) the aggregate length of the Gulf coast shoreline of the 
     Gulf State; bears to
       (II) the aggregate length of the Gulf coast shoreline of 
     all Gulf States.

       (ii) Proportionate share of aggregate population.--Of the 
     amounts allocated to a Gulf State described in subparagraph 
     (A) for each fiscal year, 40 percent shall be allocated based 
     on the proportion that, as determined by the Council based on 
     data collected during the most recent decennial census--

       (I) the aggregate population of all counties located, in 
     whole or in part, within the designated Gulf coast boundaries 
     of the Gulf State; bears to
       (II) the aggregate population of all counties located, in 
     whole or in part, within the designated Gulf coast boundaries 
     in all Gulf States.

       (iii) Adjustment authority.--In carrying out this paragraph 
     for a fiscal year, the Council may increase or decrease the 
     percentages of funds provided under clauses (i) and (ii) for 
     the fiscal year by not more than 5 percent, based on the 
     severity of impacts of the Gulf oil spill on a particular 
     Gulf State, as determined by the Council, on the condition 
     that the total of the percentages under those clauses remains 
     100 percent after all such increases and decreases.
       (5) Administrative expenses.--Not more than 5 percent of 
     the amount of any grant provided under this subsection may be 
     used for administrative expenses.
       (6) Fishery endowment.--For each fiscal year, an amount 
     equal to 5 percent of the amounts in the Fund shall be--
       (A) deposited by the Council in a subaccount in the 
     Treasury; and
       (B) made available to the Administrator of the National 
     Oceanic and Atmospheric Administration and the Regional Gulf 
     of Mexico Fishery Management Council for use in administering 
     and implementing the Fishery Endowment.
       (f) Annual Reports.--Not later than September 30, 2012, and 
     annually thereafter, the Council shall submit to the 
     appropriate committees of Congress a report that, for the 
     period covered by the report, contains a description of 
     each--
       (1) activity of the Council, including each grant provided 
     by the Council under subsection (e); and
       (2) policy, plan, activity, and project carried out under 
     this Act.
       (g) Authority to Transfer Fund.--The Council may transfer 
     amounts from the Fund to Federal agencies for the purpose of 
     carrying out this Act, including for the purposes of--
       (1) carrying out Plan;
       (2) administering the Fishery Endowment; and
       (3) administering the Observation System.
       (h) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Council.

     SEC. 4. GULF OF MEXICO RECOVERY FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Gulf of Mexico 
     Recovery Fund'', to be administered by the Council for 
     authorized uses described in subsection (c).
       (b) Transfers to Fund.--Notwithstanding any other provision 
     of law, the Secretary of the Treasury shall deposit in the 
     Fund amounts equal to not less than 100 percent of any 
     amounts collected by the United States before, on, or after 
     the date of enactment of this Act, and available on or after 
     the date of enactment of this Act, as penalties, settlements, 
     or fines under sections 309 and 311 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1319, 1321) in relation to 
     the Gulf oil spill.
       (c) Authorized Uses.--Amounts in the Fund shall be 
     available to the Council for the conduct of activities 
     relating to Gulf coast economic development, ecosystem 
     restoration, and public health rehabilitation in accordance 
     with this Act, including the provision of grants under 
     section 3(e).

     SEC. 5. COMPREHENSIVE GULF OF MEXICO RECOVERY PLAN.

       (a) Development of Plan.--In accordance with subsection 
     (b), the Council, in accordance with the Strategy and taking 
     into consideration the advice of the Scientific Advisory 
     Committee and the Citizens' Advisory Committee, shall develop 
     a comprehensive plan to restore, revitalize, and increase the 
     resiliency of the Gulf of Mexico ecosystem.
       (b) Goals.--The goals of the Plan shall include, with 
     respect to the Gulf coast--
       (1) ecosystem monitoring; and
       (2) ecosystem recovery and resiliency, with an emphasis on 
     a holistic, comprehensive approach covering coastal, 
     nearshore, deep water.
       (c) Implementation.--The Council shall provide grants under 
     section 4(c)(3)(A) for use in funding projects, programs, or 
     activities to meet the goals described in subsection (b).

     SEC. 6. GULF OF MEXICO OBSERVATION SYSTEM.

       (a) Establishment.--The Council shall establish the Gulf of 
     Mexico Observation System to observe, monitor, and map the 
     Gulf in a comprehensive manner.

[[Page S2538]]

       (b) Administration.--The Observation System shall be--
       (1) implemented through a Gulf of Mexico Exploration 
     Research Center; and
       (2) administered by 1 or more eligible entities that--
       (A) are selected by the Council based on an application 
     demonstrating the ability of the eligible entity to carry out 
     this section; and
       (B) receive a grant for that purpose under section 
     3(e)(3)(A)(ii).
       (c) Facilitation of Existing Technologies.--An eligible 
     entity administering the Observation System under subsection 
     (b) shall facilitate the use of existing technologies to 
     quickly increase, to the maximum extent practicable, 
     observation and monitoring capabilities in the Gulf.
       (d) Development of New Technologies.--An eligible entity 
     administering the Observation System under subsection (b) 
     shall facilitate the development of new monitoring 
     technologies.
       (e) Coordination With National Integrated Coastal and Ocean 
     Observation System.--The Council shall ensure that the 
     Observation System is developed in coordination with the 
     National Integrated Coastal and Ocean Observation System 
     established under section 12304(a) of the Integrated Coastal 
     and Ocean Observation System Act of 2009 (33 U.S.C. 3603(a)).

     SEC. 7. GULF OF MEXICO FISHERY ENDOWMENT.

       (a) Establishment.--As soon as practicable after the date 
     of enactment of this Act, the Council shall establish a 
     fishery endowment to ensure, to the maximum extent 
     practicable, the long-term sustainability of fish stocks and 
     the recreational, commercial, and charter fishing industry in 
     the Gulf of Mexico.
       (b) Funding.--For each fiscal year, of the amounts made 
     available for expenditure from the subaccount described in 
     section 3(e)(6)(A), 95 percent of the interest accrued in the 
     subaccount may be expended for, with respect to the Gulf of 
     Mexico--
       (1) data collection and stock assessments;
       (2) pilot programs for--
       (A) fishery independent data; and
       (B) spawning aggregations reduction;
       (3) cooperative research; and
       (4) training and education on sustainable fishing practices 
     and gear use.
       (c) Administration; Implementation.--The Fishery Endowment 
     shall be--
       (1) administered by the Administrator of the National 
     Oceanic and Atmospheric Administration; and
       (2) implemented by the Regional Gulf of Mexico Fishery 
     Management Council.

     SEC. 8. CITIZENS ADVISORY COMMITTEE.

       (a) Establishment.--There is established the Citizens' 
     Advisory Committee.
       (b) Membership.--
       (1) In general.--The Citizens' Advisory Committee shall be 
     composed of 39 members, of whom--
       (A) 30 members shall be voting members--
       (i) of whom--

       (I) 6 members shall be residents of, and represent, the 
     State of Alabama;
       (II) 6 members shall be residents of, and represent, the 
     State of Florida;
       (III) 6 members shall be residents of, and represent, the 
     State of Louisiana;
       (IV) 6 members shall be residents of, and represent, the 
     State of Mississippi; and
       (V) 6 members shall be residents of, and represent, the 
     State of Texas; and

       (ii) each of whom shall represent an interest of the State 
     of which the member represents, including an interest 
     relating to--

       (I) the commercial fin fish and shellfish industry;
       (II) the charter fishing industry;
       (III) the restaurant, hotel, and tourism industries;
       (IV) indigenous peoples communities;
       (V) the marine and coastal conservation community; and
       (VI) incorporated and unincorporated municipalities; and

       (B) 9 members shall be nonvoting members, of whom--
       (i) 1 member shall be appointed by, and represent, the 
     Secretary of the department in which the Coast Guard is 
     operating;
       (ii) 1 member shall be appointed by, and represent, the 
     Administrator of the Environmental Protection Agency;
       (iii) 1 member shall be appointed by, and represent, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration;
       (iv) 1 member shall be appointed by, and represent, the 
     Secretary of the Interior;
       (v) 1 member shall be appointed by, and represent, the lead 
     maritime environmental and natural resources management and 
     enforcement agency of the State of Alabama;
       (vi) 1 member shall be appointed by, and represent, the 
     lead maritime environmental and natural resources management 
     and enforcement agency of the State of Florida;
       (vii) 1 member shall be appointed by, and represent, the 
     lead maritime environmental and natural resources management 
     and enforcement agency of the State of Louisiana;
       (viii) 1 member shall be appointed by, and represent, the 
     lead maritime environmental and natural resources management 
     and enforcement agency of the State of Mississippi; and
       (ix) 1 member shall be appointed by, and represent, the 
     lead maritime environmental and natural resources management 
     and enforcement agency of the State of Texas.
       (2) Geographic balance.--Voting and nonvoting members 
     representing States shall be appointed equally from each 
     State represented on the Citizens' Advisory Committee.
       (c) Terms.--
       (1) In general.--Except as provided in paragraph (2), the 
     voting members of the Citizens' Advisory Committee shall be 
     appointed for a term of 3 years.
       (2) Initial appointments.--To establish the terms of the 
     group of first appointments of voting members to the 
     Citizens' Advisory Committee, a drawing of lots among the 
     initial members shall be conducted under which--
       (A) \1/3\ of the group shall serve for a period of 3 years;
       (B) \1/3\ of the group shall serve for a period of 2 years; 
     and
       (C) \1/3\ of the group shall serve for a period 1 year.
       (3) Duration of committee.--The authority of the Citizens' 
     Advisory Committee shall continue during the lifetime of 
     energy development, transportation, and facility removal 
     activities in the Gulf of Mexico.
       (d) Administration.--
       (1) In general.--The Citizens' Advisory Committee shall--
       (A) elect a Chairperson from among the members of the 
     Citizens' Advisory Committee;
       (B) select a staff; and
       (C) make policies with regard to the internal operating 
     procedures of the Citizens' Advisory Committee.
       (2) Self-governance.--
       (A) Initial meeting.--After the date on which the Secretary 
     of the department in which the Coast Guard is operating 
     conducts an initial organizational meeting for the Citizens' 
     Advisory Committee, the Citizens' Advisory Committee shall be 
     self-governing.
       (B) Initial meeting.--Not later than 60 days after the date 
     on which all members of the Citizens' Advisory Committee have 
     been appointed, the Citizens' Advisory Committee shall hold 
     the initial meeting of the Citizens' Advisory Committee.
       (C) Periodic meetings.--The Citizens' Advisory Committee 
     shall conduct meetings not less frequently than 1 meeting per 
     calendar year.
       (3) Transparency.--Subject to subsection (e)(2), the 
     Citizens' Advisory Committee shall--
       (A) conduct the operations of the Citizens' Advisory 
     Committee in a manner that is accessible by the public;
       (B) ensure that each work product adopted by the Citizens' 
     Advisory Committee is publicly accessible;
       (C) conduct not less than 1 meeting during each calendar 
     year that is open to the public, for which the Citizens' 
     Advisory Committee shall provide public notice not later than 
     30 days before the date of the meeting; and
       (D) maintain a public website containing, at a minimum--
       (i) recommendations made by the Citizens' Advisory 
     Committee, and information as to whether the recommendations 
     have been adopted (including an explanation of each reason of 
     the Citizens' Advisory Committee for not adopting a 
     recommendation);
       (ii) a description of plans under review, carried out in a 
     manner that does not disclose any confidential or privileged 
     information;
       (iii) a statement of industry standards; and
       (iv) an interactive component that enables the public--

       (I) to submit questions and comments; and
       (II) to report problems.

       (4) Conflicts of interest.--An individual selected as a 
     voting member of the Citizens' Advisory Committee may not 
     engage in any activity that may conflict with the execution 
     of the functions or duties of the individual as a member of 
     the Citizens' Advisory Committee.
       (e) Information From Federal Agencies and Industry.--
       (1) In general.--The Citizens' Advisory Committee may 
     request directly from any Federal agency information, 
     suggestions, estimates, and statistics to carry out this 
     section.
       (2) Access.--The Citizens' Advisory Committee shall have 
     access to--
       (A) facilities and nonproprietary records of the oil and 
     gas industry that are relevant to the proper execution of the 
     duties of the Citizens' Advisory Committee under this 
     section; and
       (B) records containing proprietary information if--
       (i) the records are relevant to the proper execution of the 
     duties of the Citizens' Advisory Committee under this 
     section; and
       (ii) the proprietary information is redacted to the extent 
     necessary and appropriate.
       (f) Committee Recommendations.--All recommendations of the 
     Committee shall only be advisory.
       (g) Location and Compensation.--
       (1) Office locations.--The Council shall establish offices 
     in 1 or more Gulf States, as the Citizens' Advisory Committee 
     determines to be necessary and appropriate to carry out the 
     operations of the Citizens' Advisory Committee.
       (2) Compensation.--A member of the Citizens' Advisory 
     Committee shall--
       (A) serve without compensation; and
       (B) be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for an employee of an 
     agency under subchapter I of chapter 57 of title 5, United 
     States Code (except by express authorization of the Citizens' 
     Advisory Committee in any case in which the rates are 
     inadequate to reimburse a member not eligible for travel 
     rates of the Federal Government).
       (h) Reports.--

[[Page S2539]]

       (1) Duty of comptroller general of the united states.--Not 
     later than 3 years after the date of establishment of the 
     Citizens' Advisory Committee, and every 3 years thereafter, 
     the Comptroller General of the United States shall submit to 
     the President and the appropriate committees of Congress a 
     report that contains a description of, for the period covered 
     by the report, the operations and expenditures of the 
     Citizens' Advisory Committee in carrying out this section 
     (including any recommendation of the Comptroller General of 
     the United States).
       (2) Duty of citizens' advisory committee.--Not later than 2 
     years after the date of establishment of the Citizens' 
     Advisory Committee, and every 2 years thereafter, the 
     Citizens' Advisory Committee shall submit to the appropriate 
     committees of Congress a report that contains, for the period 
     covered by the report, a description of--
       (A) the extent of achievement of safe operations in the 
     Gulf of oil and gas activities;
       (B) unresolved problems and concerns with operations, 
     activities, and plans; and
       (C) the operations and expenditures, needs, issues, and 
     recommendations of the Citizens' Advisory Committee.

     SEC. 9. SCIENTIFIC ADVISORY COMMITTEE.

       (a) Establishment.--There is established the Scientific 
     Advisory Committee to provide advice to the Council regarding 
     the science behind the Plan and long-term monitoring and 
     restoration of the Gulf coast ecosystem.
       (b) Membership.--The Scientific Advisory Committee shall be 
     composed of 16 members, of whom--
       (1) 10 shall be voting members, of whom--
       (A) with respect to the State of Alabama, 2 members shall 
     be appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State;
       (B) with respect to the State of Florida, 2 members shall 
     be appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State;
       (C) with respect to the State of Louisiana, 2 members shall 
     be appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State;
       (D) with respect to the State of Mississippi, 2 members 
     shall be appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State; and
       (E) with respect to the State of Texas, 2 members shall be 
     appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State; and
       (2) 4 shall be nonvoting members, of whom--
       (A) 1 member shall be appointed by the Administrator of the 
     National Oceanic and Atmospheric Administration;
       (B) 1 member shall be appointed by the Administrator of the 
     Environmental Protection Agency;
       (C) 1 member shall be appointed by the Director of the 
     National Institute for Standards and Technology; and
       (D) 1 member shall be appointed by the Secretary of the 
     Interior.
       (c) Duties.--Not later than 2 years after the date of 
     enactment of this Act, and biennially thereafter, the 
     Scientific Advisory Committee shall prepare and submit to the 
     Council a report that describes, for the period covered by 
     the report, the science regarding--
       (1) impacts to the Gulf and Gulf coast from the Gulf oil 
     spill;
       (2) the progress of restoration activities for the Gulf and 
     Gulf coast; and
       (3) the implementation of the Plan.

     SEC. 10. EFFECT ON OTHER LAW.

       Nothing in this section supersedes or otherwise affects any 
     provision of Federal law, including, in particular, laws 
     providing recovery for injury to natural resources under the 
     Oil Pollution Act of 1990 (33 U.S.C 2701 et seq.).

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