‘‘(iii) The Department of Transpor-
tation, including the Maritime Administra-
tion and the Pipeline and Hazardous Mate-
rials Safety Administration. 
‘‘(iv) The Department of Defense, in-
cluding 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 Founda-
tion. 
‘‘(viii) Other Federal agencies, as ap-
propriate.’’. 
(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 para-
graph (3)(B) are coordinated; 
‘‘(ii) the implementation plans re-
quired under subsection (b)(1) are com-
pleted 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 Advi-
sory Committee under subsection (f) is es-
tablished and utilized.’’. 
(d) ACTIVITIES.—Section 7001(a) of such Act (33 
U.S.C. 2761(a)) is amended by adding at the end the fol-
lowing: 
‘‘(5) ACTIVITIES.— 
‘‘(A) ONGOING, COORDINATED EFFORTS.— 
The Interagency Committee shall ensure that 
the research, development, and demonstration 
efforts authorized by this section are coordi-
nated and conducted on an ongoing basis. 
‘‘(B) MEETINGS.—
‘‘(i) IN
GENERAL.—The Interagency 
Committee shall meet, or otherwise com-
municate, as appropriate, to— 
‘‘(I) plan program-related activi-
ties; and 
‘‘(II) determine whether the pro-
gram is resulting in the development 
of new or improved methods and tech-
nologies 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 Ad-
ministrator of the National Oceanic and Atmos-
pheric 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 ac-
cess and input point for Federal agencies, 
emergency responders, the research com-
munity, 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 en-
actment 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 ‘‘contain-
ment,’’ after ‘‘response,’’; 
(4) in subparagraph (D) by inserting ‘‘contain-
ment,’’ after ‘‘response,’’; 
(5) by striking ‘‘and’’ at the end of subpara-
graph (E);
(6) in subparagraph (F)— 
(A) by striking ‘‘the States’’ through ‘‘re-
search needs’’ and inserting ‘‘State and tribal 
governments, regional oil pollution research 
needs, including natural seeps and pollution re-
sulting 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 sub-
paragraphs: 
‘‘(G) identify the information needed to 
conduct risk assessment and risk analysis re-
search to effectively prevent oil discharges, in-
cluding information on human factors and deci-
sionmaking, and to protect the environment; 
and 
‘‘(H) identify a methodology that— 
‘‘(i) provides for the solicitation, eval-
uation, preapproval, funding, and utiliza-
tion 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
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 fol-
lowing: 
‘‘(3) REVIEW.—After the submission of each re-
search 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 re-
search plan; and 
‘‘(C) to submit a report to Congress on the 
conclusions of the assessment. 
‘‘(4) 
INCORPORATION
OF
RECOMMENDA-
TIONS.—The Chair shall address any recommenda-
tions 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 ‘‘re-
search 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 sub-
paragraph (I); 
(4) by striking the period at the end of sub-
paragraph (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 deep-
water 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 contain-
ment of oil discharge during incident re-
sponse.’’. 
(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
EVALUA-
TION.—The program established under this sub-
section shall provide for the evaluation of oil pollu-
tion prevention, containment, and mitigation tech-
nologies, including— 
‘‘(A) the evaluation of the performance and 
effectiveness of such technologies in preventing, 
detecting, containing, recovering, and miti-
gating oil discharges; 
‘‘(B) the evaluation of the environmental 
effects of the use of such technologies; 
‘‘(C) the evaluation and testing of tech-
nologies 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 pre-
vention, 
containment, 
or 
mitigation 
tech-
nologies; 
‘‘(E) an evaluation of the environmental 
effects and utility of controlled field testing; 
‘‘(F) the use, where appropriate, of con-
trolled field testing to evaluate real-world appli-
cation of new or improved oil discharge preven-
tion, response, containment, recovery, or mitiga-
tion 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 Environ-
mental Protection Agency and other appro-
priate Federal agencies for the evaluation and 
testing of technologies which demonstrate— 
‘‘(i) maximum effectiveness, including 
application and delivery mechanisms; and 
‘‘(ii) minimum effects, including tox-
icity, 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 amend-
ed—
(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) IN GENERAL.— 
‘‘(i) 
ESTABLISHMENT.—The 
Inter-
agency Committee, acting through the Ad-
ministrator of the National Oceanic and 
Atmospheric Administration, shall estab-
lish a research program to monitor and 
scientifically evaluate the environmental ef-
fects, including long-term effects, of oil dis-
charge. 
‘‘(ii) 
SPECIFICATIONS.—Such 
pro-
gram shall include the following elements: 
‘‘(I) Research on and the devel-
opment of effective tools to detect, 
measure, observe, analyze, monitor, 
model, and forecast the presence, 
transport, fate, and effect of an oil 
discharge throughout the environ-
ment, including tools and models to 
accurately measure and predict the 
flow of oil discharged. 
‘‘(II) The development of meth-
ods, including economic methods, to 
assess and predict damages to natural
resources, including air quality, result-
ing from oil discharges, including in 
economically disadvantaged commu-
nities and areas. 
‘‘(III) The identification of types 
of ecologically sensitive areas at par-
ticular risk from oil discharges, such 
as inland waters, coastal areas, off-
shore areas, including deepwater and 
ultra-deepwater areas, and polar and 
other icy areas. 
‘‘(IV) The preparation of sci-
entific 
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 environ-
mental 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 re-
sponses, including training, adequate 
supervision, 
protective 
equipment, 
maximum exposure limits, and decon-
tamination procedures.’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘(B) The Department of 
Commerce’’ and all that follows through ‘‘fu-
ture oil discharges.’’ and inserting the following: 
‘‘(B) CONDITIONS.—The Interagency Com-
mittee, acting through the Administrator of the 
National Oceanic and Atmospheric Administra-
tion, shall conduct research activities under 
subparagraph (A) for areas in which— 
‘‘(i) the amount of oil discharged ex-
ceeds 250,000 gallons; and
‘‘(ii) a study of the long-term environ-
mental effects of the discharge would be of 
significant scientific value, especially for 
preventing or responding to future oil dis-
charges.’’; 
(B) by striking ‘‘ATHOS I, and’’ and in-
serting ‘‘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 amend-
ed— 
(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 pollu-
tion 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 pur-
pose of developing and demonstrating integrated
port oil pollution prevention and cleanup systems 
that utilize the information and implement the im-
proved 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 evalua-
tions shall be given priority over all other activities per-
formed 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 competi-
tive 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, in-
cluding 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 rec-
ommendations 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 avail-
able’’ 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 co-
operation by—
‘‘(1) harnessing global expertise through col-
laborative partnerships with foreign governments 
and research entities, and domestic and foreign pri-
vate actors, including nongovernmental organizations 
and private sector companies; and 
‘‘(2) leveraging public and private capital, tech-
nology, expertise, and services towards innovative 
models that can be instituted to conduct collabo-
rative oil pollution research, development, and dem-
onstration activities, including controlled field tests 
of oil discharges and other activities designed to im-
prove 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 Con-
gress of the President’s annual budget request in 
each year after the date of enactment of the Oil Pol-
lution Research and Development Program Reau-
thorization Act of 2010, the Chair of the Inter-
agency Committee shall submit to Congress a report 
describing the— 
‘‘(A) activities carried out under this sec-
tion in the preceding fiscal year, including—
‘‘(i) a description of major research 
conducted on oil discharge prevention, de-
tection, containment, recovery, and mitiga-
tion 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 re-
sources; 
‘‘(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 tech-
nologies 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 pro-
vides recommendations on the research plan under 
section 7001(b)(3), the Chair shall include, in the 
first annual report under paragraph (1) of this sub-
section, a description of those recommendations in-
corporated 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 sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) ADVISORY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of the Oil Pollution Re-
search and Development Program Reauthorization 
Act of 2010, the Chair of the Interagency Com-
mittee shall establish an advisory committee to be 
known as the Oil Pollution Research Advisory Com-
mittee (in this subsection referred to as the ‘advisory 
committee’). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN
GENERAL.—The advisory com-
mittee 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 knowl-
edge and research experience or oper-
ational 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 mem-
bers that shall not include representatives 
of the Federal Government, but may in-
clude representatives from State, tribal, 
and local governments; and
‘‘(ii) ensure that no class of individ-
uals described in clause (ii) or (iii) of sub-
paragraph (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 pro-
vided in clause (iii). 
‘‘(ii) VACANCIES.—Vacancy appoint-
ments shall be for the remainder of the un-
expired term of the vacancy. 
‘‘(iii) SPECIAL RULE.—If a member is 
appointed to fill a vacancy and the remain-
der of the unexpired term is less than 1 
year, the member may subsequently be ap-
pointed for 2 full terms. 
‘‘(D) COMPENSATION
AND
EXPENSES.— 
Members of the advisory committee shall not be 
compensated for service on the advisory com-
mittee, but may be allowed travel expenses, in-
cluding per diem in lieu of subsistence, in ac-
cordance with subchapter I of chapter 57 of 
title 5, United States Code.
‘‘(3) DUTIES.—The advisory committee shall 
review, advise, and comment on Interagency Com-
mittee 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 develop-
ment 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 re-
search. 
‘‘(4) SUBCOMMITTEES.—The advisory com-
mittee 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 Com-
mittee and Congress on the function, activities, and
progress of the Interagency Committee and the pro-
grams 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 Admin-
istration 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).’’.
able 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: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 2693 
AN ACT 
To amend title VII of the Oil Pollution Act of 
1990, and for other purposes.