IB 

Union Calendar No. 317 

111TH CONGRESS 

2D SESSION H. R. 5716 

[Report No. 111–554, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2010 

Mr. GORDON of Tennessee introduced the following bill; which was referred 

to the Committee on Science and Technology, and in addition to the 

Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

JULY 21, 2010 

Reported from the Committee on Science and Technology with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 21, 2010 

Committee on Natural Resources discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on July 13, 2010] 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safer Oil and Natural 

5 Gas Drilling Technology Research and Development Act’’. 

6 SEC. 2. SUBTITLE AMENDMENT. 

7 Subtitle J of title IX of the Energy Policy Act of 2005 

8 (42 U.S.C. 16371 et seq.) is amended in the subtitle heading 

9 by striking ‘‘Ultra-Deepwater and Unconven10 tional Natural Gas and Other Petroleum Re11 sources’’ and inserting ‘‘Safer Oil and Natural 

12 Gas Drilling Technology Research and Devel13 opment Program’’. 

14 SEC. 3. SAFER OIL AND NATURAL GAS DRILLING TECH15 NOLOGY RESEARCH AND DEVELOPMENT PRO16 GRAM. 

17 (a) PROGRAM AUTHORITY.—Section 999A of the En18 ergy Policy Act of 2005 (42 U.S.C. 16371) is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘ultra-deepwater’’ and in21 serting ‘‘deepwater’’; and 

22 (B) by inserting ‘‘well control and accident 

23 prevention,’’ after ‘‘safe operations,’’; 

24 (2) in subsection (b)— 


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1 (A) by inserting ‘‘, accident prevention and 

2 mitigation,’’ after ‘‘improving safety’’; 

3 (B) by striking paragraph (1) and inserting 

4 the following: 

5 ‘‘(1) Deepwater architecture and technology, in6 cluding those for drilling to formations in water 

7 depths greater than 1,000 feet.’’; and 

8 (C) by striking paragraph (4) and inserting 

9 the following: 

10 ‘‘(4) Complementary research carried out by the 

11 Department.’’; 

12 (3) in subsection (d)— 

13 (A) in the subsection heading, by striking 

14 ‘‘NATIONAL ENERGY TECHNOLOGY LABORA15 TORY’’ and inserting ‘‘DEPARTMENT OF EN16 ERGY’’; and 

17 (B) by striking ‘‘National Energy Tech18 nology Laboratory’’ and inserting ‘‘Office of Fos19 sil Energy of the Department’’; 

20 (4) in subsection (e)— 

21 (A) in the subsection heading, by striking 

22 ‘‘SECRETARY OF THE INTERIOR’’ and inserting 

23 ‘‘OTHER FEDERAL AGENCIES’’; and 

24 (B) by inserting ‘‘and other agencies as ap25 propriate, including those serving on, and colVerDate Mar 15 2010 21:36 Jul 21, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H5716.RH H5716

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1 laborating with, the Interagency Coordinating 

2 Committee on Oil Pollution Research as estab3 lished under section 7001 of the Oil Pollution 

4 Act of 1990 (33 U.S.C. 2761(a))’’ after ‘‘Sec5 retary of the Interior’’; and 

6 (5) by adding at the end the following: 

7 ‘‘(f) PARTNERSHIPS.—In carrying out the program 

8 under this subtitle, the Secretary shall seek to establish part9 nerships with eligible research performers, as described by 

10 section 999E, to undertake research and development not 

11 likely otherwise to be undertaken in the absence of support 

12 from the program.’’. 

13 (b) PROGRAM ELEMENTS.—Section 999B of the En14 ergy Policy Act of 2005 (42 U.S.C. 16372) is amended— 

15 (1) in the section heading, by striking ‘‘ULTRA16 DEEPWATER AND UNCONVENTIONAL ONSHORE

17 NATURAL GAS AND OTHER PETROLEUM’’ and 

18 inserting ‘‘SAFER OIL AND NATURAL GAS DRILL19 ING TECHNOLOGY’’; 

20 (2) by amending subsection (a) to read as fol21 lows: 

22 ‘‘(a) IN GENERAL.—The Secretary shall carry out the 

23 activities under section 999A to maximize the benefits of 

24 natural gas and other petroleum resources of the United 

25 States by advancing the safe and environmentally responVerDate Mar 15 2010 21:36 Jul 21, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H5716.RH H5716

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1 sible exploration, development, and production of those re2 sources.’’; 

3 (3) in subsection (c)(1)— 

4 (A) by redesignating subparagraphs (D) 

5 and (E) as subparagraphs (E) and (F), respec6 tively; and 

7 (B) by inserting after subparagraph (C) the 

8 following: 

9 ‘‘(D) select projects on a competitive basis;’’; 

10 (4) in subsection (c)(3)(A)(ii), by striking 

11 ‘‘under subsection (f)(4)’’; 

12 (5) in subsection (d)— 

13 (A) in paragraph (6), by striking ‘‘ultra14 deepwater’’ and inserting ‘‘deepwater’’; and 

15 (B) by striking paragraph (7) and inserting 

16 the following: 

17 ‘‘(7) FOCUS AREAS FOR AWARDS.— 

18 ‘‘(A) DEEPWATER RESOURCES.—Awards 

19 from allocations under section 999H(d)(1) shall 

20 focus on research, development, demonstration, 

21 and commercial application activities in areas 

22 that include— 

23 ‘‘(i) technologies and systems aimed at 

24 improving operational safety and reducing 

25 potential environmental impacts of deepVerDate Mar 15 2010 21:36 Jul 21, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5716.RH H5716

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1 water exploration and production activities, 

2 including— 

3 ‘‘(I) wellbore integrity, well con4 trol, and blowout prevention; 

5 ‘‘(II) capture and containment of 

6 oil at or near the wellhead; and 

7 ‘‘(III) expanding operational ca8 pabilities and efficiency of remotely 

9 operated devices and mechanics; 

10 ‘‘(ii) safe and environmentally respon11 sible deepwater exploration and production 

12 technologies, integrated systems, and archi13 tectures for enhancing oil and natural gas 

14 drilling and recovery, including under ex15 treme conditions; 

16 ‘‘(iii) methods and technologies for se17 vere weather and ocean surface condition 

18 preparedness; 

19 ‘‘(iv) utilization of exploration and 

20 production methods and materials that re21 duce the potential impact of such activities 

22 on the environment; and 

23 ‘‘(v) other areas as determined appro24 priate by the Secretary. 


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1 ‘‘(B) UNCONVENTIONAL ONSHORE RE2 SOURCES.—Awards from allocations under sec3 tion 999H(d)(2) shall focus on research, develop4 ment, demonstration, and commercial applica5 tion activities in areas that include— 

6 ‘‘(i) advanced coalbed methane, deep 

7 drilling, natural gas production from tight 

8 sands, natural gas production from gas 

9 shales, stranded gas, innovative exploration 

10 and production techniques, and enhanced 

11 recovery techniques; 

12 ‘‘(ii) increased efficiency of energy use 

13 in exploration and production activities; 

14 ‘‘(iii) utilization of exploration and 

15 production methods and materials that re16 duce the potential impact of such activities 

17 on the environment; 

18 ‘‘(iv) recovery, utilization, reduction, 

19 and improved management of produced 

20 water from exploration and production ac21 tivities; and 

22 ‘‘(v) accident prevention and mitiga23 tion of unconventional natural gas and 

24 other petroleum resources exploration and 

25 production. 


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1 ‘‘(C) SMALL PRODUCERS.—Awards from al2 locations under section 999H(d)(3) shall be made 

3 to consortia consisting of small producers or or4 ganized primarily for the benefit of small pro5 ducers, and shall focus on areas that include— 

6 ‘‘(i) safety and accident prevention, en7 vironmental mitigation, waste reduction, 

8 reduction of energy use, and well control 

9 and systems integrity; 

10 ‘‘(ii) complex geology involving rapid 

11 changes in the type and quality of the oil 

12 and gas reserves across the reservoir; 

13 ‘‘(iii) low reservoir pressure and un14 conventional natural gas reservoirs in coal15 beds, deep reservoirs, tight sands, or shales; 

16 and 

17 ‘‘(iv) advancing energy efficient, safe, 

18 and environmentally responsible production 

19 of unconventional oil reservoirs in tar sands 

20 and oil shales. 

21 ‘‘(D) SAFETY, AND ACCIDENT PREVENTION

22 AND MITIGATION, TECHNOLOGY RESEARCH AND

23 DEVELOPMENT BY THE DEPARTMENT.—Awards 

24 from allocations under section 999H(d)(4) shall 

25 focus on safety, and accident prevention and 


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1 mitigation, research, development, demonstra2 tion, and commercial application activities in 

3 areas that may include— 

4 ‘‘(i) improved technologies and best 

5 management practices for enhanced well in6 tegrity including— 

7 ‘‘(I) cementing; 

8 ‘‘(II) casing; 

9 ‘‘(III) wellbore sealant tech10 nologies; 

11 ‘‘(IV) well-plugging and abandon12 ment; 

13 ‘‘(V) improvement and standard14 ization of blowout prevention devices; 

15 ‘‘(VI) actuation and pressure test16 ing; and 

17 ‘‘(VII) other well control activi18 ties; 

19 ‘‘(ii) research to aid in the develop20 ment of industry best practices and stand21 ards for workforce training, design of safe 

22 workplace environments, and safety related 

23 decisionmaking processes, including by 

24 drawing on existing research into human 

25 factors and safety related practices in fields 


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1 such as the nuclear energy, aviation, and 

2 automotive industries; 

3 ‘‘(iii) secondary control systems to ac4 tivate blowout prevention devices and termi5 nate well-flow, including— 

6 ‘‘(I) deadman switches; 

7 ‘‘(II) automatic shears; and 

8 ‘‘(III) remote acoustic switches; 

9 ‘‘(iv) technologies and methods for ac10 cident mitigation, including— 

11 ‘‘(I) capture, containment, or dis12 persing of oil at or near the wellhead; 

13 ‘‘(II) estimating flow rate; 

14 ‘‘(III) diagnostic sensors to deter15 mine equipment malfunction; and 

16 ‘‘(IV) procedures to terminate 

17 flow; 

18 ‘‘(v) continuing ongoing efforts, includ19 ing in resource assessment and character20 ization, and in simulation of safe and effec21 tive drilling under extreme conditions, in22 cluding high temperatures and pressures; 

23 ‘‘(vi) development of methodologies for 

24 risk management decisionmaking, including 

25 comparative risk analysis and quantitative 


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1 risk assessment of potential for failure in 

2 the technologies, management practices, and 

3 systems studies under this subsection; and 

4 ‘‘(vii) other activities as described in 

5 this paragraph or as determined appro6 priate by the Secretary.’’; 

7 (6) in subsection (e)— 

8 (A) in paragraph (2)— 

9 (i) in the second sentence of subpara10 graph (A), by inserting ‘‘to the Secretary 

11 for review’’ after ‘‘submit’’; and 

12 (ii) in the first sentence of subpara13 graph (B), by striking ‘‘Ultra-Deepwater’’ 

14 and all that follows through ‘‘and such Ad15 visory Committees’’ and inserting ‘‘Pro16 gram Advisory Committee established under 

17 section 999D(a), and the Advisory Com18 mittee’’; 

19 (B) in paragraph (4)— 

20 (i) by striking ‘‘and’’ at the end of sub21 paragraph (A); 

22 (ii) by striking the period at the end of 

23 subparagraph (B) and inserting ‘‘; and’’; 

24 and 


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1 (iii) by adding at the end the following 

2 new subparagraph: 

3 ‘‘(C) a summary of ongoing and planned 

4 activities aimed at improving operational safety 

5 and reducing potential environmental impacts of 

6 exploration and production.’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(6) RESEARCH FINDINGS AND RECOMMENDA9 TIONS FOR IMPLEMENTATION.—The Secretary shall 

10 publish in the Federal Register an annual report on 

11 the research findings of the program carried out 

12 under this section and any recommendations for im13 plementation that the Secretary determines to be nec14 essary.’’; 

15 (7) in subsection (f)(2), by inserting ‘‘In car16 rying out this subsection, the Secretary shall ensure 

17 that safety and accident prevention and mitigation be 

18 regularly included as specific focus areas for solicita19 tions.’’ after ‘‘consortium.’’; 

20 (8) in subsection (i)— 

21 (A) in the subsection heading, by striking 

22 ‘‘UNITED STATES GEOLOGICAL SURVEY’’ and in23 serting ‘‘DEPARTMENT OF THE INTERIOR’’; and 

24 (B) by striking ‘‘, through the United States 

25 Geological Survey,’’; and 


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1 (9) in subsection (j), by striking ‘‘National En2 ergy Technology Laboratory’’ and inserting ‘‘Office of 

3 Fossil Energy of the Department’’. 

4 SEC. 4. PROGRAM ADVISORY COMMITTEE. 

5 Section 999D of the Energy Policy Act of 2005 (42 

6 U.S.C. 16374) is amended to read as follows: 

7 ‘‘SEC. 999D. PROGRAM ADVISORY COMMITTEE. 

8 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 

9 the date of enactment of the Safer Oil and Natural Gas 

10 Drilling Technology Research and Development Act, the 

11 Secretary shall establish an advisory committee to be known 

12 as the ‘Program Advisory Committee’ (referred to in this 

13 section as the ‘Advisory Committee’). 

14 ‘‘(b) MEMBERSHIP.— 

15 ‘‘(1) IN GENERAL.—The Advisory Committee 

16 shall be composed of members appointed by the Sec17 retary, each of whom shall be qualified by education, 

18 training, and experience to evaluate scientific and 

19 technical information relevant to the research, devel20 opment, and demonstration under this subtitle. Mem21 bers shall include— 

22 ‘‘(A) individuals with extensive research ex23 perience or operational knowledge of oil and nat24 ural gas exploration and production; 


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1 ‘‘(B) individuals broadly representative of 

2 the affected interests in oil and natural gas pro3 duction, including interests in environmental 

4 protection and operational safety; 

5 ‘‘(C) State regulatory agency representa6 tives; and 

7 ‘‘(D) other individuals, as determined by 

8 the Secretary. 

9 ‘‘(2) LIMITATIONS.— 

10 ‘‘(A) IN GENERAL.—The Advisory Com11 mittee shall not include individuals who are 

12 board members, officers, or employees of the pro13 gram consortium. 

14 ‘‘(B) CATEGORICAL REPRESENTATION.—In 

15 appointing members of the Advisory Committee, 

16 the Secretary shall ensure that no class of indi17 viduals described in any of subparagraphs (B), 

18 (C), or (D) of paragraph (1) comprises more 

than 1 19 ⁄3 of the membership of the Advisory Com20 mittee. 

21 ‘‘(c) SUBCOMMITTEES.—The Advisory Committee may 

22 establish subcommittees or ad hoc working groups for the 

23 research focus areas described in section 999B(d)(7). 

24 ‘‘(d) DUTIES.—The Advisory Committee shall— 


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1 ‘‘(1) advise the Secretary on the development and 

2 implementation of programs under this subtitle; and 

3 ‘‘(2) carry out section 999B(e)(2)(B). 

4 ‘‘(e) COMPENSATION.—A member of the Advisory Com5 mittee shall serve without compensation but shall be entitled 

6 to receive travel expenses in accordance with subchapter I 

7 of chapter 57 of title 5, United States Code. 

8 ‘‘(f) PROHIBITION.—The Advisory Committee shall not 

9 make recommendations on funding awards to particular 

10 consortia or other entities, or for specific projects.’’. 

11 SEC. 5. DEFINITIONS. 

12 Section 999G of the Energy Policy Act of 2005 (42 

13 U.S.C. 16377) is amended— 

14 (1) in paragraph (1), by striking ‘‘200 but less 

15 than 1,500 meters’’ and inserting ‘‘1,000 feet’’; 

16 (2) by striking paragraphs (8), (9), and (10); 

17 (3) by redesignating paragraphs (2) through (7) 

18 and (11) as paragraphs (4) through (9) and (10), re19 spectively; and 

20 (4) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) DEEPWATER ARCHITECTURE.—The term 

23 ‘deepwater architecture’ means the integration of tech24 nologies for the safe and environmentally responsible 


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1 exploration for, or production of, natural gas or other 

2 petroleum resources located at deepwater depths. 

3 ‘‘(3) DEEPWATER TECHNOLOGY.—The term 

4 ‘deepwater technology’ means a discrete technology 

5 that is specially suited to address 1 or more chal6 lenges associated with the safe and environmentally 

7 responsible exploration for, or production of, natural 

8 gas or other petroleum resources located at deepwater 

9 depths.’’. 

10 SEC. 6. FUNDING. 

11 Section 999H of the Energy Policy Act of 2005 (42 

12 U.S.C. 16378) is amended— 

13 (1) in the first sentence of subsection (a) by 

14 striking ‘‘Ultra-Deepwater and Unconventional Nat15 ural Gas and Other Petroleum Research Fund’’ and 

16 inserting ‘‘Safer Oil and Natural Gas Drilling Tech17 nology Research and Development Fund’’; 

18 (2) in subsection (d)— 

19 (A) in paragraph (1), by striking ‘‘35 per20 cent’’ and inserting ‘‘32.5 percent’’; 

21 (B) in paragraph (2), by striking ‘‘32.5 

22 percent’’ and inserting ‘‘25 percent’’; and 

23 (C) in paragraph (4)— 

24 (i) by striking ‘‘25 percent’’ and in25 serting ‘‘35 percent’’; and 


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1 (ii) by striking ‘‘contract manage2 ment,’’ and all that follows through the pe3 riod at the end and inserting ‘‘and contract 

4 management.’’; 

5 (3) in subsection (f), by striking ‘‘Ultra-Deep6 water and Unconventional Natural Gas and Other 

7 Petroleum Research Fund’’ and inserting ‘‘Safer Oil 

8 and Natural Gas Drilling Technology Research and 

9 Development Fund’’; and 

10 (4) at the end of the section, by inserting the fol11 lowing new subsection: 

12 ‘‘(g) COORDINATION AND NONDUPLICATION.—The Sec13 retary shall ensure, to the maximum extent practicable, that 

14 the research activities carried out by the consortium funded 

15 under paragraphs (1), (2), and (3) of subsection (d), and 

16 the research activities carried out by the Department of En17 ergy as funded by subsection (d)(4), shall be coordinated 

18 and not duplicative of one another.’’. 

19 SEC. 7. CONFORMING AMENDMENTS. 

20 The table of contents of the Energy Policy Act of 2005 

21 is amended— 

22 (1) by amending the item relating to subtitle J 

23 of title IX to read as follows: 


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‘‘Subtitle J—Safer Oil and Natural Gas Drilling Technology Research and 

Development Program’’; 

1 (2) by amending the item relating to section 

2 999B to read as follows: 

‘‘Sec. 999B. Safer Oil and Natural Gas Drilling Technology Research and Development Program.’’; 

3 and 

4 (3) by amending the item relating to section 

5 999D to read as follows: 

‘‘Sec. 999D. Program Advisory Committee.’’. 


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Union Calendar No. 317 

111TH CONGRESS 

2D SESSION H. R. 5716 

[Report No. 111–554, Part I] 

A BILL 

To provide for enhancement of existing efforts in 

tion of oil and natural gas resources. sponsible exploration, development, and productechnologies for the safe and environmentally reand commercial application activities to advance support of research, development, demonstration, 

JULY 21, 2010 

Reported from the Committee on Science and Technology 

with an amendment 

JULY 21, 2010 

Committee on Natural Resources discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


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