IB 
Union Calendar No. 316 
111TH CONGRESS 
2D SESSION 
H. R. 2693 
[Report No. 111–553] 
To amend title VII of the Oil Pollution Act of 1990, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 3, 2009 
Ms. WOOLSEY (for herself and Mr. BAIRD) introduced the following bill; which 
was referred to the Committee on Science and Technology 
JULY 21, 2010 
Additional sponsors: Ms. EDDIE BERNICE JOHNSON of Texas, Mr. LUJA´N, 
and Mr. SESTAK 
JULY 21, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 3, 2009] 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
A BILL 
To amend title VII of the Oil Pollution Act of 1990, and 
for other purposes. 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives 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 Pollu-
tion 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 Com-
mittee shall consist of representatives from the 
following: 
‘‘(i) The Coast Guard. 
‘‘(ii) The Department of Commerce, in-
cluding the National Oceanic and Atmos-
pheric Administration. 
‘‘(iii) The Department of the Interior. 
‘‘(iv) The Environmental Protection 
Agency. 
‘‘(B) 
COLLABORATING
AGENCIES.—The 
Interagency Committee shall collaborate with the 
following: 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(i) The National Institute of Stand-
ards and Technology. 
‘‘(ii) The Department of Energy. 
‘‘(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 Se-
curity, 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. 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(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 sub-
mitted; 
‘‘(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 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
authorized by this section are coordinated and 
conducted on an ongoing basis. 
‘‘(B) MEETINGS.— 
‘‘(i) IN
GENERAL.—The Interagency 
Committee shall meet, or otherwise commu-
nicate, 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 Inter-
agency Committee, acting through the Adminis-
trator of the National Oceanic and Atmospheric 
Administration, shall develop a national infor-
mation clearinghouse on oil discharge that— 
‘‘(i) includes scientific information 
and research on preparedness, response, and 
restoration; and 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(ii) serves as a single electronic access 
and input point for Federal agencies, emer-
gency responders, the research community, 
and other interested parties for such infor-
mation.’’. 
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 enact-
ment 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 Com-
mittee 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,’’; 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
(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 con-
duct risk assessment and risk analysis research 
to effectively prevent oil discharges, including in-
formation on human factors and decisionmaking, 
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 de-
veloped by the public and private sector in 
advance of future oil discharges; and 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(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 fol-
lows: 
‘‘(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 Advi-
sory Committee established under subsection 
(f); 
‘‘(ii) the National Institute of Stand-
ards and Technology on issues relating to 
quality assurance and standards measure-
ments; 
‘‘(iii) third party standard-setting or-
ganizations on issues relating to voluntary 
consensus standards; and 
‘‘(iv) the public in accordance with 
subparagraph (B). 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(B) PUBLIC COMMENT.—Prior to the sub-
mission of the research plan to Congress under 
paragraph (1), the research plan shall be pub-
lished 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 ap-
propriate.’’. 
(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 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 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 in-
corporate such recommendations into the research 
plan, as appropriate.’’. 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
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 in-
serting ‘‘research, development, and demonstration, as pro-
vided in this subsection and subsection (a)(2)’’. 
(b) INNOVATIVE OIL POLLUTION TECHNOLOGY.—Sec-
tion 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 subpara-
graph (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; 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(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; and 
‘‘(L) research conducted by the Environ-
mental Protection Agency on the development 
and approval of technologies with maximum ef-
fectiveness, including application and delivery 
mechanisms, and minimum toxicity to natural 
resources, the public, and the environment in 
both the near and long-term.’’. 
(c) OIL POLLUTION TECHNOLOGY EVALUATION.—Sec-
tion 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 subsection 
shall provide for the evaluation of oil pollution pre-
vention, containment, and mitigation technologies, in-
cluding— 
‘‘(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 ef-
fects of the use of such technologies; 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(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 proto-
cols traceable to national standards to measure 
the performance of oil pollution prevention, con-
tainment, or mitigation technologies; 
‘‘(E) an evaluation of the environmental ef-
fects 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; and 
‘‘(G) an evaluation of the effectiveness of oil 
pollution prevention technologies based on prob-
abilistic risk analyses of the system.’’. 
(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: 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(A) IN GENERAL.— 
‘‘(i) 
ESTABLISHMENT.—The 
Inter-
agency Committee, acting through the Ad-
ministrator of the National Oceanic and At-
mospheric Administration, shall establish a 
research program to monitor and scientif-
ically evaluate the environmental effects, in-
cluding long-term effects, of oil discharge. 
‘‘(ii) SPECIFICATIONS.—Such program 
shall include the following elements: 
‘‘(I) Research on and the develop-
ment of effective tools to detect, meas-
ure, 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 re-
sources, including air quality, result-
ing from oil discharges, including in 
economically disadvantaged commu-
nities and areas. 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(III) The identification of types 
of ecologically sensitive areas at par-
ticular 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 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 iden-
tified under subclause (III) if such 
data are insufficient. 
‘‘(VI) The use of both onshore and 
offshore air quality monitoring to 
study the effects of oil pollution and oil 
pollution cleanup technologies on air 
quality; and making the results, health, 
and safety warnings readily available 
to the public, including emergency re-
sponders, 
the 
research 
community, 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
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 ‘‘future 
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 sub-
paragraph (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 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
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 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 pol-
lution prevention and cleanup systems that utilize the 
information and implement the improved practices 
and technologies developed from the research, develop-
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
ment, 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 competitive 
grants’’ and inserting ‘‘program of peer-re-
viewed, 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 pro-
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
gram of peer-reviewed, competitive grants to uni-
versities 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 consid-
eration to such institutions in the recommenda-
tions for awarding grants.’’. 
(2) FUNDING.—Section 7001(c)(9) of such Act 
(33 U.S.C. 2741(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 co-
operation by harnessing global expertise through collabo-
rative partnerships with foreign governments and research 
entities, and domestic and foreign private actors, including 
nongovernmental organizations and private sector compa-
nies, and by leveraging public and private capital, tech-
nology, expertise, and services towards innovative models 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
that can be instituted to conduct collaborative oil pollution 
research, development, and demonstration activities, includ-
ing controlled field tests of oil discharges, oil recovery, and 
cleanup standards.’’. 
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 Re-
search 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 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 resources; 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(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 de-
scription of major research and development ac-
tivities 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 subsection, 
a description of those recommendations incorporated 
into the research plan, and a description of, and ex-
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
planation for, any recommendations that are not in-
cluded 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 Re-
search 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 com-
mittee’). 
‘‘(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), includ-
ing— 
‘‘(i) individuals with extensive knowl-
edge and research experience or operational 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
knowledge of prevention, detection, response, 
containment, and mitigation of oil dis-
charges; 
‘‘(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 rep-
resentatives 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). 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(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 re-
view, advise, and comment on Interagency Committee 
activities, including the following: 
‘‘(A) Management and functioning of the 
Interagency Committee. 
‘‘(B) Collaboration of the Interagency Com-
mittee and the agencies listed in subsection 
(a)(3)(B). 
‘‘(C) The research and technology develop-
ment of new or improved response capabilities. 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(D) The use of cost-effective research mech-
anisms. 
‘‘(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 estab-
lished 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 re-
designated 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 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
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 Adminis-
tration 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 ac-
tivities 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 fol-
lows: 
‘‘(C) not more than $48,000,000 in each fis-
cal 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
EMER-
GENCY.—Any entity that receives Federal funding for re-
search, the methodologies or results of which may be useful 
for response activities in the event of an oil discharge inci-
dent described in sections 300.300-334 of title 40 of the Code 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
of Federal Regulations, shall, upon request, make the meth-
odologies or results of such research available to the Inter-
agency Committee and the Federal On-Scene Coordinator 
(as defined in section 311(a)(21) of the Federal Water Pol-
lution Control Act (33 U.S.C. 1321(a)(21)), except to the 
extent that the information is protected from disclosure 
under section 552(b) of title 5, United States Code. Such 
information shall be for use in response activities in the 
event of an oil discharge, and shall not be included in infor-
mation made publicly available pursuant to this Act.’’. 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS
Union Calendar No. 316 
111TH CONGRESS 
2D SESSION 
H. R. 2693 
[Report No. 111–553] 
A BILL 
To amend title VII of the Oil Pollution Act of 
1990, and for other purposes. 
JULY 21, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Mar 15 2010 
21:13 Jul 21, 2010
Jkt 089200
PO 00000
Frm 00028
Fmt 6651
Sfmt 6651
E:\BILLS\H2693.RH
H2693
jlentini on DSKJ8SOYB1PROD with BILLS