IIB 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Oil Pollution Research 

3 and Development Program Reauthorization Act of 2010’’. 

4 SEC. 2. FEDERAL OIL POLLUTION RESEARCH COMMITTEE. 

5 (a) PURPOSES.—Section 7001(a)(2) of the Oil Pollu6 tion Act of 1990 (33 U.S.C. 2761(a)(2)) is amended by 

7 striking ‘‘State’’ and inserting ‘‘State and tribal’’. 

8 (b) MEMBERSHIP.—Section 7001(a)(3) of such Act 

9 (33 U.S.C. 2761(a)(3)) is amended to read as follows: 

10 ‘‘(3) STRUCTURE.— 

11 ‘‘(A) MEMBERS.—The Interagency Com12 mittee shall consist of representatives from the 

13 following: 

14 ‘‘(i) The Coast Guard. 

15 ‘‘(ii) The Department of Commerce, 

16 including the National Oceanic and Atmos17 pheric Administration. 

18 ‘‘(iii) The Department of the Interior. 

19 ‘‘(iv) The Environmental Protection 

20 Agency. 

21 ‘‘(B) COLLABORATING AGENCIES.—The 

22 Interagency Committee shall collaborate with 

23 the following: 

24 ‘‘(i) The National Institute of Stand25 ards and Technology. 

26 ‘‘(ii) The Department of Energy. 


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1 ‘‘(iii) The Department of Transpor2 tation, including the Maritime Administra3 tion and the Pipeline and Hazardous Mate4 rials Safety Administration. 

5 ‘‘(iv) The Department of Defense, in6 cluding the Army Corps of Engineers and 

7 the Navy. 

8 ‘‘(v) The Department of Homeland 

9 Security, including the United States Fire 

10 Administration in the Federal Emergency 

11 Management Agency. 

12 ‘‘(vi) The National Aeronautics and 

13 Space Administration. 

14 ‘‘(vii) The National Science Founda15 tion. 

16 ‘‘(viii) Other Federal agencies, as ap17 propriate.’’. 

18 (c) ROLE OF THE CHAIR.—Section 7001(a)(4) of 

19 such Act (33. U.S.C. 2761(a)(4)) is amended to read as 

20 follows: 

21 ‘‘(4) CHAIR.— 

22 ‘‘(A) IN GENERAL.—A representative of 

23 the Coast Guard shall serve as Chair. 

24 ‘‘(B) ROLE OF CHAIR.—The primary role 

25 of the Chair shall be to ensure that— 


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1 ‘‘(i) the activities of the Interagency 

2 Committee and the agencies listed in para3 graph (3)(B) are coordinated; 

4 ‘‘(ii) the implementation plans re5 quired under subsection (b)(1) are com6 pleted and submitted; 

7 ‘‘(iii) the annual reports required 

8 under subsection (e) are completed and 

9 submitted; 

10 ‘‘(iv) the Interagency Committee 

11 meets in accordance with the requirements 

12 of paragraph (5); and 

13 ‘‘(v) the Oil Pollution Research Advi14 sory Committee under subsection (f) is es15 tablished and utilized.’’. 

16 (d) ACTIVITIES.—Section 7001(a) of such Act (33 

17 U.S.C. 2761(a)) is amended by adding at the end the fol18 lowing: 

19 ‘‘(5) ACTIVITIES.— 

20 ‘‘(A) ONGOING, COORDINATED EFFORTS.— 

21 The Interagency Committee shall ensure that 

22 the research, development, and demonstration 

23 efforts authorized by this section are coordi24 nated and conducted on an ongoing basis. 

25 ‘‘(B) MEETINGS.— 


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1 ‘‘(i) IN GENERAL.—The Interagency 

2 Committee shall meet, or otherwise com3 municate, as appropriate, to— 

4 ‘‘(I) plan program-related activi5 ties; and 

6 ‘‘(II) determine whether the pro7 gram is resulting in the development 

8 of new or improved methods and tech9 nologies to prevent, detect, respond to, 

10 contain, and mitigate oil discharge. 

11 ‘‘(ii) FREQUENCY.—In no event shall 

12 the Interagency Committee meet less than 

13 once per year. 

14 ‘‘(C) INFORMATION EXCHANGE.—The 

15 Interagency Committee, acting through the Ad16 ministrator of the National Oceanic and Atmos17 pheric Administration, shall develop a national 

18 information clearinghouse on oil discharge 

19 that— 

20 ‘‘(i) includes scientific information 

21 and research on preparedness, response, 

22 and restoration; and 

23 ‘‘(ii) serves as a single electronic ac24 cess and input point for Federal agencies, 

25 emergency responders, the research comVerDate Mar 15 2010 03:59 Jul 23, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2693.RFS H2693

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1 munity, and other interested parties for 

2 such information.’’. 

3 SEC. 3. OIL POLLUTION RESEARCH AND TECHNOLOGY 

4 PLAN. 

5 (a) IMPLEMENTATION PLAN.—Section 7001(b)(1) of 

6 such Act (33 U.S.C. 2761(b)(1)) is amended— 

7 (1) by striking ‘‘180 days after the date of en8 actment of this Act’’ and inserting ‘‘180 days after 

9 the date of enactment of the Oil Pollution Research 

10 and Development Program Reauthorization Act of 

11 2010 and periodically thereafter, as appropriate, but 

12 not less than once every 5 years’’; 

13 (2) by striking subparagraph (A) and inserting 

14 the following: 

15 ‘‘(A) identify the roles and responsibilities 

16 of each member agency of the Interagency 

17 Committee under subsection (a)(3)(A) and each 

18 of the collaborating agencies under subsection 

19 (a)(3)(B);’’; 

20 (3) in subparagraph (B) by inserting ‘‘contain21 ment,’’ after ‘‘response,’’; 

22 (4) in subparagraph (D) by inserting ‘‘contain23 ment,’’ after ‘‘response,’’; 

24 (5) by striking ‘‘and’’ at the end of subpara25 graph (E); 


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1 (6) in subparagraph (F)— 

2 (A) by striking ‘‘the States’’ through ‘‘re3 search needs’’ and inserting ‘‘State and tribal 

4 governments, regional oil pollution research 

5 needs, including natural seeps and pollution re6 sulting from importing oil from overseas,’’; and 

7 (B) by striking the period at the end and 

8 inserting a semicolon; and 

9 (7) by adding at the end the following new sub10 paragraphs: 

11 ‘‘(G) identify the information needed to 

12 conduct risk assessment and risk analysis re13 search to effectively prevent oil discharges, in14 cluding information on human factors and deci15 sionmaking, and to protect the environment; 

16 and 

17 ‘‘(H) identify a methodology that— 

18 ‘‘(i) provides for the solicitation, eval19 uation, preapproval, funding, and utiliza20 tion of technologies and research projects 

21 developed by the public and private sector 

22 in advance of future oil discharges; and 

23 ‘‘(ii) where appropriate, ensures that 

24 such technologies are readily available for 

25 rapid testing and potential deployment and 


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1 that research projects can be implemented 

2 during an incident response.’’. 

3 (b) ADVICE AND GUIDANCE.—Section 7001(b)(2) of 

4 such Act (33 U.S.C. 2761(b)(2)) is amended to read as 

5 follows: 

6 ‘‘(2) ADVICE AND GUIDANCE.— 

7 ‘‘(A) IN GENERAL.—The Chair shall solicit 

8 advice and guidance in the development of the 

9 research plan under paragraph (1) from— 

10 ‘‘(i) the Oil Pollution Research Advi11 sory Committee established under sub12 section (f); 

13 ‘‘(ii) the National Institute of Stand14 ards and Technology on issues relating to 

15 quality assurance and standards measure16 ments; 

17 ‘‘(iii) third party standard-setting or18 ganizations on issues relating to voluntary 

19 consensus standards; and 

20 ‘‘(iv) the public in accordance with 

21 subparagraph (B). 

22 ‘‘(B) PUBLIC COMMENT.—Prior to the 

23 submission of the research plan to Congress 

24 under paragraph (1), the research plan shall be 

25 published in the Federal Register and subject 


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1 to a public comment period of 30 days. The 

2 Chair shall review the public comments received 

3 and incorporate those comments into the plan, 

4 as appropriate.’’. 

5 (c) REVIEW.—Section 7001(b) of such Act (33 

6 U.S.C. 2761(b)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(3) REVIEW.—After the submission of each re9 search plan to Congress under paragraph (1), the 

10 Chair shall contract with the National Academy of 

11 Sciences— 

12 ‘‘(A) to review the research plan; 

13 ‘‘(B) to assess the adequacy of the re14 search plan; and 

15 ‘‘(C) to submit a report to Congress on the 

16 conclusions of the assessment. 

17 ‘‘(4) INCORPORATION OF RECOMMENDA18 TIONS.—The Chair shall address any recommenda19 tions in the review conducted under paragraph (3) 

20 and shall incorporate such recommendations into the 

21 research plan, as appropriate.’’. 

22 SEC. 4. OIL POLLUTION RESEARCH AND DEVELOPMENT 

23 PROGRAM. 

24 (a) ESTABLISHMENT.—Section 7001(c)(1) of such 

25 Act (33 U.S.C. 2761(c)(1)) is amended by striking ‘‘reVerDate Mar 15 2010 03:59 Jul 23, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2693.RFS H2693

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1 search and development, as provided in this subsection’’ 

2 and inserting ‘‘research, development, and demonstration, 

3 as provided in this subsection and subsection (a)(2)’’. 

4 (b) INNOVATIVE OIL POLLUTION TECHNOLOGY.— 

5 Section 7001(c)(2) of such Act (33 U.S.C. 2761(c)(2)) is 

6 amended— 

7 (1) in the matter before subparagraph (A), by 

8 striking ‘‘preventing or mitigating’’ and inserting 

9 ‘‘preventing, detecting, containing, recovering, or 

10 mitigating’’; 

11 (2) by striking subparagraph (I); 

12 (3) by redesignating subparagraph (J) as sub13 paragraph (I); 

14 (4) by striking the period at the end of sub15 paragraph (I) (as so redesignated) and by inserting 

16 at the end a semicolon; and 

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

18 ‘‘(J) technologies and methods to address 

19 oil discharge on land and in inland waters, 

20 coastal areas, offshore areas, including deep21 water and ultra-deepwater areas, and polar and 

22 other icy areas; and 

23 ‘‘(K) modeling and simulation capabilities, 

24 including tools and technologies, that can be 

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1 ment of oil discharge during incident re2 sponse.’’. 

3 (c) OIL POLLUTION TECHNOLOGY EVALUATION.— 

4 Section 7001(c)(3) of such Act (33 U.S.C. 2761(c)(3)) is 

5 amended to read as follows: 

6 ‘‘(3) OIL POLLUTION TECHNOLOGY EVALUA7 TION.—The program established under this sub8 section shall provide for the evaluation of oil pollu9 tion prevention, containment, and mitigation tech10 nologies, including— 

11 ‘‘(A) the evaluation of the performance and 

12 effectiveness of such technologies in preventing, 

13 detecting, containing, recovering, and miti14 gating oil discharges; 

15 ‘‘(B) the evaluation of the environmental 

16 effects of the use of such technologies; 

17 ‘‘(C) the evaluation and testing of tech18 nologies developed independently of the research 

19 and development program established under 

20 this subsection, including technologies developed 

21 by small businesses; 

22 ‘‘(D) the establishment, with the advice 

23 and guidance of the National Institute of 

24 Standards and Technology, of standards and 

25 testing protocols traceable to national standards 


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1 to measure the performance of oil pollution pre2 vention, containment, or mitigation tech3 nologies; 

4 ‘‘(E) an evaluation of the environmental 

5 effects and utility of controlled field testing; 

6 ‘‘(F) the use, where appropriate, of con7 trolled field testing to evaluate real-world appli8 cation of new or improved oil discharge preven9 tion, response, containment, recovery, or mitiga10 tion technologies; 

11 ‘‘(G) an evaluation of the effectiveness of 

12 oil pollution prevention technologies based on 

13 probabilistic risk analyses of the system; and 

14 ‘‘(H) research conducted by the Environ15 mental Protection Agency and other appro16 priate Federal agencies for the evaluation and 

17 testing of technologies which demonstrate— 

18 ‘‘(i) maximum effectiveness, including 

19 application and delivery mechanisms; and 

20 ‘‘(ii) minimum effects, including tox21 icity, to human health and the environment 

22 in both the near-term and long-term.’’. 

23 (d) OIL POLLUTION EFFECTS RESEARCH.—Section 

24 7001(c)(4) of such Act (33 U.S.C. 2761(c)(4)) is amend25 ed— 


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1 (1) by striking subparagraph (A) and inserting 

2 the following: 

3 ‘‘(A) IN GENERAL.— 

4 ‘‘(i) ESTABLISHMENT.—The Inter5 agency Committee, acting through the Ad6 ministrator of the National Oceanic and 

7 Atmospheric Administration, shall estab8 lish a research program to monitor and 

9 scientifically evaluate the environmental ef10 fects, including long-term effects, of oil dis11 charge. 

12 ‘‘(ii) SPECIFICATIONS.—Such pro13 gram shall include the following elements: 

14 ‘‘(I) Research on and the devel15 opment of effective tools to detect, 

16 measure, observe, analyze, monitor, 

17 model, and forecast the presence, 

18 transport, fate, and effect of an oil 

19 discharge throughout the environ20 ment, including tools and models to 

21 accurately measure and predict the 

22 flow of oil discharged. 

23 ‘‘(II) The development of meth24 ods, including economic methods, to 

25 assess and predict damages to natural 


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1 resources, including air quality, result2 ing from oil discharges, including in 

3 economically disadvantaged commu4 nities and areas. 

5 ‘‘(III) The identification of types 

6 of ecologically sensitive areas at par7 ticular risk from oil discharges, such 

8 as inland waters, coastal areas, off9 shore areas, including deepwater and 

10 ultra-deepwater areas, and polar and 

11 other icy areas. 

12 ‘‘(IV) The preparation of sci13 entific monitoring and evaluation 

14 plans for the areas identified under 

15 subclause (III) to be implemented in 

16 the event of major oil discharges in 

17 such areas. 

18 ‘‘(V) The collection of environ19 mental baseline data in the areas 

20 identified under subclause (III) if 

21 such data are insufficient. 

22 ‘‘(VI) The use of both onshore 

23 and offshore air quality monitoring to 

24 study the effects of an oil discharge 

25 and oil discharge cleanup technologies 


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1 on air quality; and making the results, 

2 health, and safety warnings readily 

3 available to the public, including 

4 emergency responders, the research 

5 community, local residents, and other 

6 interested parties. 

7 ‘‘(VII) Research on technologies, 

8 methods, and standards for protecting 

9 removal personnel and for volunteers 

10 that may participate in incident re11 sponses, including training, adequate 

12 supervision, protective equipment, 

13 maximum exposure limits, and decon14 tamination procedures.’’; 

15 (2) in subparagraph (B)— 

16 (A) by striking ‘‘(B) The Department of 

17 Commerce’’ and all that follows through ‘‘fu18 ture oil discharges.’’ and inserting the following: 

19 ‘‘(B) CONDITIONS.—The Interagency Com20 mittee, acting through the Administrator of the 

21 National Oceanic and Atmospheric Administra22 tion, shall conduct research activities under 

23 subparagraph (A) for areas in which— 

24 ‘‘(i) the amount of oil discharged ex25 ceeds 250,000 gallons; and 


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1 ‘‘(ii) a study of the long-term environ2 mental effects of the discharge would be of 

3 significant scientific value, especially for 

4 preventing or responding to future oil dis5 charges.’’; 

6 (B) by striking ‘‘ATHOS I, and’’ and in7 serting ‘‘ATHOS I;’’; and 

8 (C) by striking the period at the end and 

9 inserting ‘‘; Prince William Sound, where oil 

10 was discharged by the EXXON VALDEZ; and 

11 the Gulf of Mexico, where oil was discharged by 

12 the DEEPWATER HORIZON.’’; and 

13 (3) in subparagraph (C) by striking ‘‘Research’’ 

14 and inserting ‘‘COORDINATION.—Research’’. 

15 (e) DEMONSTRATION PROJECTS.—Section 

16 7001(c)(6) of such Act (33 U.S.C. 2761(c)(6)) is amend17 ed— 

18 (1) by striking the first sentence and inserting 

19 the following: ‘‘The United States Coast Guard, in 

20 conjunction with such agencies as the President may 

21 designate, shall conduct a total of 2 port oil pollu22 tion minimization demonstration projects, 1 with the 

23 Ports of Los Angeles and Long Beach, California, 

24 and 1 with a port on the Great Lakes, for the pur25 pose of developing and demonstrating integrated 


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1 port oil pollution prevention and cleanup systems 

2 that utilize the information and implement the im3 proved practices and technologies developed from the 

4 research, development, and demonstration program 

5 established in this section.’’; and 

6 (2) in the second sentence by striking ‘‘oil spill’’ 

7 and inserting ‘‘oil discharge’’. 

8 (f) SIMULATED ENVIRONMENTAL TESTING.—Section 

9 7001(c)(7) of such Act (33 U.S.C. 2761(c)(7)) is amended 

10 by inserting ‘‘Oil pollution technology testing and evalua11 tions shall be given priority over all other activities per12 formed at such Research Center.’’ after ‘‘evaluations.’’. 

13 (g) REGIONAL RESEARCH PROGRAM.— 

14 (1) IN GENERAL.—Section 7001(c)(8) of such 

15 Act (33 U.S.C. 2761(c)(8)) is amended— 

16 (A) in subparagraph (A)— 

17 (i) by striking ‘‘program of competi18 tive grants’’ and inserting ‘‘program of 

19 peer-reviewed, competitive grants’’; and 

20 (ii) by striking ‘‘(1989)’’ and inserting 

21 ‘‘(2009)’’; 

22 (B) in subparagraph (C) by striking ‘‘the 

23 entity or entities which’’ and inserting ‘‘at least 

24 one entity that’’; and 


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1 (C) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(H) In carrying out this paragraph, the 

4 Interagency Committee shall coordinate the 

5 program of peer-reviewed, competitive grants to 

6 universities or other research institutions, in7 cluding Minority Serving Institutions as defined 

8 under section 371(a) of the Higher Education 

9 Act of 1965 (20 U.S.C. 1067q(a)), and provide 

10 consideration to such institutions in the rec11 ommendations for awarding grants.’’. 

12 (2) FUNDING.—Section 7001(c)(9) of such Act 

13 (33 U.S.C. 2761(c)(9)) is amended by striking 

14 ‘‘1991’’ and all that follows through ‘‘shall be avail15 able’’ and inserting ‘‘2011, 2012, 2013, 2014, and 

16 2015, there are authorized to be appropriated from 

17 amounts in the Fund $12,000,000’’. 

18 SEC. 5. INTERNATIONAL COOPERATION. 

19 Section 7001(d) of such Act (33 U.S.C. 2761(d)) is 

20 amended to read as follows: 

21 ‘‘(d) INTERNATIONAL COOPERATION.—In accordance 

22 with the research plan submitted under subsection (b), the 

23 Interagency Committee shall engage in international co24 operation by— 


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1 ‘‘(1) harnessing global expertise through col2 laborative partnerships with foreign governments 

3 and research entities, and domestic and foreign pri4 vate actors, including nongovernmental organizations 

5 and private sector companies; and 

6 ‘‘(2) leveraging public and private capital, tech7 nology, expertise, and services towards innovative 

8 models that can be instituted to conduct collabo9 rative oil pollution research, development, and dem10 onstration activities, including controlled field tests 

11 of oil discharges and other activities designed to im12 prove oil recovery and cleanup.’’. 

13 SEC. 6. ANNUAL REPORTS. 

14 Section 7001(e) of such Act (33 U.S.C. 2761(e)) is 

15 amended to read as follows: 

16 ‘‘(e) ANNUAL REPORT.— 

17 ‘‘(1) Concurrent with the submission to Con18 gress of the President’s annual budget request in 

19 each year after the date of enactment of the Oil Pol20 lution Research and Development Program Reau21 thorization Act of 2010, the Chair of the Inter22 agency Committee shall submit to Congress a report 

23 describing the— 

24 ‘‘(A) activities carried out under this sec25 tion in the preceding fiscal year, including— 


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1 ‘‘(i) a description of major research 

2 conducted on oil discharge prevention, de3 tection, containment, recovery, and mitiga4 tion techniques in all environments by each 

5 agency described in subsection (a)(3)(A) 

6 and (B); and 

7 ‘‘(ii) a summary of— 

8 ‘‘(I) projects in which the agency 

9 contributed funding or other re10 sources; 

11 ‘‘(II) major projects undertaken 

12 by State and tribal governments, and 

13 foreign governments; and 

14 ‘‘(III) major projects undertaken 

15 by the private sector and educational 

16 institutions; 

17 ‘‘(B) activities being carried out under this 

18 section in the current fiscal year, including a 

19 description of major research and development 

20 activities on oil discharge prevention, detection, 

21 containment, recovery, and mitigation tech22 nologies and techniques in all environments that 

23 each agency will conduct or contribute to; and 

24 ‘‘(C) activities proposed to be carried out 

25 under this section in the subsequent fiscal year, 


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1 including an analysis of how these activities will 

2 further the purposes of the program authorized 

3 by this section. 

4 ‘‘(2) If the National Academy of Sciences pro5 vides recommendations on the research plan under 

6 section 7001(b)(3), the Chair shall include, in the 

7 first annual report under paragraph (1) of this sub8 section, a description of those recommendations in9 corporated into the research plan, and a description 

10 of, and explanation for, any recommendations that 

11 are not included in such plan.’’. 

12 SEC. 7. ADVISORY COMMITTEE. 

13 Section 7001 of such Act (33 U.S.C. 2761) is further 

14 amended— 

15 (1) by redesignating subsection (f) as sub16 section (g); and 

17 (2) by inserting after subsection (e) the fol18 lowing: 

19 ‘‘(f) ADVISORY COMMITTEE.— 

20 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

21 after the date of enactment of the Oil Pollution Re22 search and Development Program Reauthorization 

23 Act of 2010, the Chair of the Interagency Com24 mittee shall establish an advisory committee to be 

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1 mittee (in this subsection referred to as the ‘advisory 

2 committee’). 

3 ‘‘(2) MEMBERSHIP.— 

4 ‘‘(A) IN GENERAL.—The advisory com5 mittee shall be composed of members appointed 

6 by the Chair, in consultation with the each 

7 member agency described in subsection (a)(3), 

8 including— 

9 ‘‘(i) individuals with extensive knowl10 edge and research experience or oper11 ational knowledge of prevention, detection, 

12 response, containment, and mitigation of 

13 oil discharges; 

14 ‘‘(ii) individuals broadly representative 

15 of stakeholders affected by oil discharges; 

16 and 

17 ‘‘(iii) other individuals, as determined 

18 by the Chair. 

19 ‘‘(B) LIMITATIONS.—The Chair shall— 

20 ‘‘(i) appoint no more than 25 mem21 bers that shall not include representatives 

22 of the Federal Government, but may in23 clude representatives from State, tribal, 

24 and local governments; and 


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1 ‘‘(ii) ensure that no class of individ2 uals described in clause (ii) or (iii) of subparagraph (A) comprises more than 1 3 ⁄3 of 

4 the membership of the advisory committee. 

5 ‘‘(C) TERMS OF SERVICE.— 

6 ‘‘(i) IN GENERAL.—Members shall be 

7 appointed for a 3-year term and may serve 

8 for not more than 2 terms, except as pro9 vided in clause (iii). 

10 ‘‘(ii) VACANCIES.—Vacancy appoint11 ments shall be for the remainder of the un12 expired term of the vacancy. 

13 ‘‘(iii) SPECIAL RULE.—If a member is 

14 appointed to fill a vacancy and the remain15 der of the unexpired term is less than 1 

16 year, the member may subsequently be ap17 pointed for 2 full terms. 

18 ‘‘(D) COMPENSATION AND EXPENSES.— 

19 Members of the advisory committee shall not be 

20 compensated for service on the advisory com21 mittee, but may be allowed travel expenses, in22 cluding per diem in lieu of subsistence, in ac23 cordance with subchapter I of chapter 57 of 

24 title 5, United States Code. 


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1 ‘‘(3) DUTIES.—The advisory committee shall 

2 review, advise, and comment on Interagency Com3 mittee activities, including the following: 

4 ‘‘(A) Management and functioning of the 

5 Interagency Committee. 

6 ‘‘(B) Collaboration of the Interagency 

7 Committee and the agencies listed in subsection 

8 (a)(3)(B). 

9 ‘‘(C) The research and technology develop10 ment of new or improved response capabilities. 

11 ‘‘(D) The use of cost-effective research 

12 mechanisms. 

13 ‘‘(E) Research, computation, and modeling 

14 needs and other resources needed to develop a 

15 comprehensive program of oil pollution re16 search. 

17 ‘‘(4) SUBCOMMITTEES.—The advisory com18 mittee may establish subcommittees of its members. 

19 ‘‘(5) MEETINGS.—The advisory committee shall 

20 meet at least once per year and at other times at the 

21 call of the chairperson. 

22 ‘‘(6) REPORT.—The advisory committee shall 

23 submit biennial reports to the Interagency Com24 mittee and Congress on the function, activities, and 


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1 progress of the Interagency Committee and the pro2 grams established under this section. 

3 ‘‘(7) EXPIRATION.—Section 14 of the Federal 

4 Advisory Committee Act (5 U.S.C. App.) shall not 

5 apply to the advisory committee.’’. 

6 SEC. 8. FUNDING. 

7 (a) IN GENERAL.—Section 7001(g) of such Act, as 

8 redesignated by section 7 of this Act, is amended to read 

9 as follows: 

10 ‘‘(g) FUNDING.— 

11 ‘‘(1) IN GENERAL.—There are authorized to be 

12 appropriated from amounts in the Fund not more 

13 than $48,000,000 annually to carry out this section, 

14 except for subsection (c)(8). 

15 ‘‘(2) SPECIFIC ALLOCATIONS.—From the 

16 amounts in paragraph (1), there are authorized to 

17 be appropriated— 

18 ‘‘(A) $16,000,000 to the Administrator of 

19 the National Oceanic and Atmospheric Admin20 istration annually to carry out this section; and 

21 ‘‘(B) $2,000,000 for each of fiscal years 

22 2011, 2012, 2013, and 2014 to carry out the 

23 activities in subsection (c)(6).’’. 


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1 (b) AUTHORIZATION.—Section 1012(a)(5)(C) of such 

2 Act (33 U.S.C. 2712(a)(5)(C)) is amended to read as fol3 lows: 

4 ‘‘(C) notwithstanding section 9509(f) of 

5 the Internal Revenue Code of 1986, not more 

6 than $48,000,000 in each fiscal year shall be 

7 available to carry out title VII of this Act; 

8 and’’. 

9 SEC. 9. ACCESS TO RESEARCH DURING AN EMERGENCY. 

10 Section 7001 of such Act (33 U.S.C. 2761) is amend11 ed by adding at the end the following new subsection: 

12 ‘‘(h) ACCESS TO RESEARCH DURING AN EMER13 GENCY.—Any entity that receives Federal funding for re14 search, the methodologies or results of which may be use15 ful for response activities in the event of an oil discharge 

16 incident described in sections 300.300-334 of title 40 of 

17 the Code of Federal Regulations, shall, upon request to 

18 that entity, make the methodologies or results of such re19 search available to the Interagency Committee and the 

20 Federal On-Scene Coordinator (as defined in section 

21 311(a)(21) of the Federal Water Pollution Control Act 

22 (33 U.S.C. 1321(a)(21)). Any methodologies or research 

23 results made available under this subsection shall be for 

24 use only for purposes of the response activities with re25 spect to the oil discharge incident, and shall not be availVerDate Mar 15 2010 03:59 Jul 23, 2010 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2693.RFS H2693

smartinez on DSKB9S0YB1PROD with BILLS
27 

HR 2693 RFS

1 able for disclosure under section 552 of title 5, United 

2 States Code, or included in information made publicly 

3 available pursuant to this Act.’’. 

Passed the House of Representatives July 21, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


smartinez on DSKB9S0YB1PROD with BILLS