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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2693 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 2693

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2010

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
  To amend title VII of the Oil Pollution Act of 1990, and for other 
                               purposes.

    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
                    ``(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 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.''.

            Passed the House of Representatives July 21, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```