[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4236 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4236

 To establish a National Undersea Research Program within the National 
                Oceanic and Atmospheric Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 1994

Mr. Ortiz (for himself, Mr. Weldon, Mr. Fields of Texas, Mr. Gene Green 
of Texas, Mr. Laughlin, Mr. Andrews of Texas, Mr. Washington, Mr. Rose, 
and Mr. Gejdenson) introduced the following bill; which was referred to 
             the Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL


 
 To establish a National Undersea Research Program within the National 
                Oceanic and Atmospheric Administration.

    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 ``National Undersea Research Program 
Act of 1994''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act, the term--
            (1) ``Administration'' means the National Oceanic and 
        Atmospheric Administration;
            (2) ``Center'' means any National Undersea Research Center 
        in existence on the day before the date of enactment of this 
        Act or established under section 5;
            (3) ``Center Director'' means the Director of any National 
        Undersea Research Center;
            (4) ``Committee'' means the National Undersea Research 
        Advisory Committee established under section 4;
            (5) ``Office'' means the Office of Undersea Research 
        established by section 3(d)(1);
            (6) ``priority research area'' means any of the priority 
        research areas set forth in section 3(f)(1), as those areas may 
        be revised by the Under Secretary under section 3(f)(2);
            (7) ``Program'' means the National Undersea Research 
        Program established under section 3;
            (8) ``Program Director'' means the Director of the National 
        Undersea Research Program appointed pursuant to section 
        3(d)(2);
            (9) ``undersea region'' means each of--
                    (A) the United States Northern Atlantic region, 
                comprised of the coastal and oceanic waters and seabed 
                north of Montauk, New York, and off Maine, New 
                Hampshire, Massachusetts, Rhode Island, and 
                Connecticut;
                    (B) the Mid-Atlantic Bight region, comprised of the 
                coastal and oceanic waters and seabed south of Montauk, 
                New York, and off New York, New Jersey, Pennsylvania, 
                Delaware, Maryland, and Virginia;
                    (C) the United States Southern Atlantic region, 
                comprised of the coastal and oceanic waters and seabed 
                off North Carolina, South Carolina, Georgia, and the 
                Atlantic coast of Florida (including the Florida Keys);
                    (D) the Gulf of Mexico region, comprised of the 
                coastal and oceanic waters and seabed of the Gulf of 
                Mexico off Florida, Alabama, Mississippi, Louisiana, 
                and Texas;
                    (E) the Great Lakes region, comprised of the waters 
                and lake beds of the Great Lakes;
                    (F) the California region, comprised of the coastal 
                and oceanic waters and seabed off California;
                    (G) the United States Northeast Pacific region, 
                comprised of the coastal and oceanic waters and seabed 
                off Oregon, Washington, and Alaska;
                    (H) the Western Pacific region, comprised of the 
                coastal and oceanic waters and seabed off Hawaii, 
                Johnston Island, Guam, American Samoa, and the Northern 
                Mariana Islands, and other Western Pacific waters and 
                seabed relevant to the purpose of the Program;
                    (I) the Caribbean region, comprised of the coastal 
                and oceanic waters and seabed off Puerto Rico, the 
                United States Virgin Islands, and other tropical and 
                subtropical waters and seabed relevant to the purposes 
                of the Program; and
                    (J) any other undersea region resulting from a 
                modification under section 3(e)(5);
            (10) ``undersea research'' means scientific research 
        carried out in the oceans or large lakes of the world, using 
        advanced underwater technology including diving, underwater 
        observatories and laboratories, research submersibles, remotely 
        operated vehicles, autonomous vehicles, and any other research 
        techniques necessary to carry out the provisions of this Act; 
        and
            (11) ``Under Secretary'' means the Under Secretary of 
        Commerce for Oceans and Atmosphere.

SEC. 3. ESTABLISHMENT AND ADMINISTRATION OF NATIONAL UNDERSEA RESEARCH 
              PROGRAM.

    (a) Program Establishment and Maintenance.--The Under Secretary 
shall establish and maintain in the Administration a program to be 
known as the ``National Undersea Research Program''.
    (b) Program Purpose.--The purpose of the Program shall be to 
enhance scientific understanding of processes in the oceans and large 
lakes of the world, by--
            (1) developing, maintaining, and carrying out undersea 
        research programs;
            (2) investigating, developing, and applying technology for 
        undersea research; and
            (3) developing new approaches to undersea technology 
        transfer and marine science education.
    (c) National Undersea Research Centers.--The Program shall be 
conducted by the National Undersea Research Centers established 
pursuant to section 5(a).
    (d) Office of Undersea Research.--
            (1) Establishment.--There is established in the 
        Administration the Office of Undersea Research.
            (2) Program director.--The head of the Office and Program 
        Officer of the National Undersea Research Program is the 
        Director of the National Undersea Research Program, who shall 
        be appointed by the Under Secretary from among individuals with 
        extensive knowledge and expertise in undersea research and 
        having appropriate administrative experience.
    (e) Duties of Program Director.--Subject to the supervision of the 
Under Secretary, the Program Director shall carry out only the 
following duties:
            (1) Facilitating and supporting the activities of Centers.
            (2) Establishing guidelines for the submission and review 
        of proposals from the Centers and proposals from individual 
        researchers that are submitted to the Centers for research 
        under the Program.
            (3) Making grants and entering into contracts and 
        cooperative agreements under section 8 to advance knowledge in 
        the priority research areas through the Centers.
            (4) Supporting the Memorandum of Agreement Concerning 
        Support of a National Academic Deep Submergence Facility for 
        Scientific Use.
            (5) Modifying undersea regions as necessary and 
        appropriate.
    (f) Priority Research Areas.--
            (1) In general.--The Under Secretary may use amounts 
        appropriated for the Program to fund research, including long-
        term studies, within the following priority research areas:
                    (A) Oceanic, coastal, estuarine, and limnological 
                processes.
                    (B) Pathways and fates of materials in the oceans 
                and large lakes.
                    (C) Diversity, distribution, productivity, and 
                recruitment of organisms, including commercially 
                valuable species, with respect to habitat 
                characteristics in the oceans and large lakes.
                    (D) Global change processes.
                    (E) Ocean lithosphere processes and mineral 
                resources.
                    (F) Undersea research platform and instrument 
                technology.
                    (G) Diving safety, physiology, and technology.
                    (H) Studies under section 21(e) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1347(e)).
            (2) Revision of priority areas.--Upon the recommendation of 
        the Committee, the Under Secretary may, after public comment, 
        revise the priority research areas under paragraph (1).

SEC. 4. ADVISORY COMMITTEE.

    (a) Establishment of Committee.--The Under Secretary shall 
establish an independent advisory committee to be known as the 
``National Undersea Research Advisory Committee''.
    (b) Composition.--
            (1) In general.--The Committee shall consist of 9 members 
        appointed by the Under Secretary from individuals who are 
        eminent professional scientists or engineers and active in at 
        least one priority research area, of whom 2 members shall be 
        appointed from individuals nominated by Center Directors. The 
        Under Secretary shall complete appointments under this 
        paragraph by not later than 6 months after the date of the 
        enactment of this Act.
            (2) Balance.--In appointing members of the Committee, the 
        Under Secretary shall seek to ensure balanced representation 
        of--
                    (A) priority research areas,
                    (B) disciplines related to priority research areas, 
                and
                    (C) geographic regions of the United States.
            (3) Prohibition on appointments.--Except as provided in 
        paragraph (4), no member of the Committee may be an employee of 
        a Center or of the Administration.
            (4) Ex officio members of the committee.--The Chief 
        Scientist of the Administration shall be a nonvoting ex officio 
        member of the Committee.
    (c) Duties.--The Committee shall advise the Under Secretary and the 
Program Director concerning--
            (1) the quality of research performed with grants awarded 
        under this Act, including the applicability of such research to 
        the priority research areas;
            (2) the designation, establishment, and operation of 
        Centers;
            (3) the modification of undersea regions;
            (4) the need to revise the priority research areas; and
            (5) any other matters the Under Secretary refers to the 
        Committee for review and advice or that the Committee considers 
        appropriate.
    (d) Term of Membership.--
            (1) In general.--Subject to paragraph (2), the term of 
        membership on the Committee shall be 3 years.
            (2) Initial appointments.--Of the members first appointed 
        to the Committee--
                    (A) 3 members shall serve a term of 1 year;
                    (B) 3 members shall serve a term of 2 years; and
                    (C) 3 members shall serve a term of 3 years;
        as specified by the Under Secretary at the time of appointment.
            (3) Term limitation.--No individual may serve consecutive 
        terms as a member of the Committee.
    (e) Compensation.--Members of the Committee, while performing 
official duties as members of the Committee, are entitled to receive 
compensation for travel and transportation expenses under section 5703 
of title 5, United States Code.
    (f) Chairperson.--The members of the Committee shall select 
annually from among the voting members of the Committee an individual 
who shall serve as Chairperson of the Committee. No member of the 
Committee may serve more than 2 annual terms as Chairperson.
    (g) Conduct of Business.--The Committee shall conduct its business 
according to the majority vote of those members present at a meeting of 
the Committee.
    (h) Public Participation.--The following guidelines apply to the 
conduct of business by the Committee:
            (1) Each meeting shall be open to the public, and 
        interested persons shall be permitted an opportunity to present 
        oral or written statements on items on the agenda.
            (2) Timely notice of each meeting, including the time, 
        place, and agenda, shall be published in the Federal Register 
        and copies sent to all Center Directors.
    (i) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Committee.

SEC. 5. ESTABLISHMENT OF NATIONAL UNDERSEA RESEARCH CENTERS.

    (a) Assignment of Existing Regions and Establishment of New 
Centers.--
            (1) Assignment of regions to existing centers.--There are 
        assigned to the Centers in existence on the day before the date 
        of the enactment of this Act undersea regions, as follows:
                    (A) The Western Pacific region is assigned to the 
                Hawaii Undersea Research Laboratory.
                    (B) The United States Northeast Pacific and 
                Californian regions are assigned to the West Coast 
                National Undersea Research Center at the University of 
                Alaska-Fairbanks.
                    (C) The United States Northern Atlantic and Great 
                Lakes regions are assigned to the National Undersea 
                Research Center at the University of Connecticut at 
                Avery Point.
                    (D) The Mid-Atlantic Bight region is assigned to 
                the New York Bight National Undersea Research Center.
                    (E) The United States Southern Atlantic region is 
                assigned to the National Undersea Research Center at 
                the University of North Carolina at Wilmington.
                    (F) The Caribbean region is assigned to the 
                National Undersea Research Center at the Caribbean 
                Marine Research Center.
                    (G) The Gulf of Mexico region is assigned to a new 
                center to be established pursuant to subsection (f).
            (2) Establishment of new centers.--The Under Secretary may 
        establish a new Center to implement the Program for any 
        undersea region at an institution of higher education or 
        oceanographic research located in a State bordering the 
        region--
                    (A) if there is a clearly demonstrated, scientific 
                need for such a Center;
                    (B) if there are adequate funds available for the 
                establishment of the Center;
                    (C) after reviewing each proposal submitted under 
                subsection (b) with respect to that region; and
                    (D) if the Committee concurs in the selection of 
                that institution.
            (3) Limitation.--The Under Secretary may not establish a 
        new Center for an undersea region if the expenditure of amounts 
        for that Center would result in any reduction of amounts 
        available for expenditure for any other undersea region.
    (b) Solicitation of Proposals for New Centers.--
            (1) In general.--The Under Secretary may solicit proposals 
        for the establishment of a new Center under subsection (a)(2) 
        from institutions of higher education or oceanographic 
        research.
            (2) Proposal requirements.--A proposal under this 
        subsection shall consist of--
                    (A) a proposed science program;
                    (B) a program management plan;
                    (C) a description of the facilities of the 
                institution at which the new Center is proposed to be 
                established;
                    (D) a description of relevant capabilities of that 
                institution;
                    (E) an operational safety plan;
                    (F) mechanisms for information transfer;
                    (G) a budget for the proposed Center; and
                    (H) any other information the Under Secretary 
                considers necessary.
    (c) Review of Proposals.--The Under Secretary and the Committee 
shall review each proposal submitted under subsection (b) on the basis 
of--
            (1) relevance of the proposal to priority research areas; 
        and
            (2) the capability of the applicant institution to 
        administer and direct research in those areas.
    (d) Center Director.--Each institution at which a Center is 
established under this section may select, in consultation with the 
Office, an individual who shall be the Center Director of that Center.
    (e) 6-Year Review of Centers and Regions.--
            (1) In general.--Every 6 years the Under Secretary and the 
        Committee shall jointly review--
                    (A) the operation of each Center, except that in 
                the case of a Center in existence on the day before the 
                date of the enactment of this Act, the first review of 
                the Center shall be completed by not later than the 
                date which is 5 years after that date of enactment; and
                    (B) the configuration of undersea regions to 
                determine whether those regions meet scientific needs 
                for research in priority research areas.
            (2) Content of review.--A review under this subsection 
        shall consist of--
                    (A) an evaluation of the quality of the research 
                conducted at the Center under the Program and the 
                applicability of the research to the priority research 
                areas, including consideration of the reviews conducted 
                under section 6(c);
                    (B) recommendations for changes in the scientific 
                research program and the operation of the Center, that 
                are considered beneficial by the Committee and the 
                Under Secretary;
                    (C) a determination of whether the continued 
                operation of the Center will increase knowledge in the 
                priority research areas; and
                    (D) recommendations for the modification of the 
                undersea regions of the Center.
            (3) Establishment of new center at different institution.--
        If the Under Secretary and the Committee determine as a result 
        of a review under this subsection that continued operation of a 
        Center is not warranted, the Under Secretary--
                    (A) shall provide notification of that 
                determination to the Center, including a description of 
                any changes in the operations of the Center the Under 
                Secretary considers necessary for continued operation 
                of the Center;
                    (B) shall after 18 months after providing that 
                notice, and not later than 2 years after providing that 
                notice, review the implementation of those changes by 
                the Center; and
                    (C) may establish, at a different institution of 
                higher education or oceanographic research, a new 
                Center for the same undersea region in accordance with 
                this section, if the Under Secretary determines as a 
                result of the review under subparagraph (B) that those 
                changes are not implemented.
    (f) New Center.--
            (1) Gulf of mexico.--
                    (A) Establishment.--Notwithstanding subsection 
                (a)(2) and (a)(3), the Under Secretary shall establish 
                at a qualified public institution a Center to conduct 
                the Program for the Gulf of Mexico undersea region, 
                which shall be known as the ``Gulf of Mexico National 
                Undersea Research Center''. The Under Secretary shall 
                establish that Center no later than 180 days after the 
                date of enactment of this Act.
                    (B) Definition.--For the purposes of this 
                paragraph, the term ``qualified public institution'' 
                means a public institution or consortium of public 
                institutions of higher education--
                            (i) located directly on the coastline of, 
                        or having direct access to, the Gulf of Mexico, 
                        and proximate to the Flower Garden Banks 
                        National Marine Sanctuary;
                            (ii) with strong undergraduate and graduate 
                        programs in engineering, science, and 
                        technology as they may apply to undersea 
                        research;
                            (iii) with nationally recognized programs 
                        in marine science and maritime studies, 
                        including the presence of a degree granting 
                        maritime academy;
                            (iv) with facilities for maintaining and 
                        operating research and other vessels 
                        appropriate for deployment of equipment 
                        necessary to conduct undersea research;
                            (v) with faculty and other personnel with 
                        expertise in undersea research;
                            (vi) which maintains cooperative 
                        institutional relationships with Federal 
                        agencies responsible for research work in the 
                        Gulf of Mexico and along the Gulf of Mexico 
                        coast;
                            (vii) which participates in cooperative 
                        undersea research programs with Mexico; and
                            (viii) which has received funding for 
                        undersea research from the Under Secretary in 
                        the past.
            (2) Limitation.--In carrying out this subsection, the Under 
        Secretary shall not reduce amounts available for carrying out 
        the Memorandum of Agreement Concerning Support of a National 
        Academic Deep Submergence Facility for Scientific Use.

SEC. 6. NATIONAL UNDERSEA RESEARCH CENTER RESEARCH PROGRAMS.

    (a) Individual Research Proposals.--
            (1) Solicitation.--Each Center Director shall annually 
        solicit individual proposals from the scientific community for 
        research to advance the priority research areas of the Program. 
        Research under each proposal shall be primarily conducted 
        within the undersea region of the Center, but may be conducted 
        in another undersea region in cooperation with the Center for 
        that region, or other geographic areas with the approval of the 
        Program Director. Individual proposals shall adhere to 
        guidelines established by the Program Director pursuant to 
        section 3(e)(2). Proposals under this paragraph may be for 
        multiyear research.
            (2) Individual proposal review process.--
                    (A) In general.--Each individual proposal shall be 
                reviewed by an independent review panel and by not less 
                than 3 anonymous mail reviewers. Each independent 
                review panel shall be composed of not less than 4 
                individuals with experience in undersea research 
                appointed by the Program Director, at least one of whom 
                shall be a member of the Committee.
                    (B) Panel review.--Each review by an independent 
                review panel shall--
                            (i) assess the scientific merit of the 
                        individual research proposal;
                            (ii) assess the ability of the Center to 
                        carry out the proposed research; and
                            (iii) the applicability of the proposal to 
                        the priority research areas.
                    (C) Mail reviews.--Each mail review shall 
                consider--
                            (i) the scientific merit of the proposal; 
                        and
                            (ii) the capability of the principal 
                        investigator to carry out the proposed 
                        research.
            (3) Allowance for response.--
                    (A) In general.--Subject to any regulation that is 
                issued by the Program Director, a Center Director 
                shall--
                            (i) provide to each person who submits to 
                        the Center a proposal under this section 
                        blinded copies of all mail reviews of the 
                        proposal conducted under paragraph (2), and
                            (ii) give the person not more than 14 days 
                        to respond to those reviews before rendering 
                        any final decision regarding funding for the 
                        proposal.
                    (B) Review of process by committee.--Not later than 
                3 years after the date of the enactment of this Act, 
                the Committee shall--
                            (i) determine whether all Centers are 
                        implementing subparagraph (A);
                            (ii) determine whether the opportunity of 
                        persons who submit proposals to respond to 
                        reviews pursuant to subparagraph (A) has been 
                        utilized by those persons;
                            (iii) determine whether those responses 
                        have been effective in ensuring full and fair 
                        consideration of those proposals; and
                            (iv) recommend to the Program Director that 
                        the procedures established by subparagraph (A) 
                        be continued, terminated, or modified 
                        (including the specific modifications which 
                        should be made).
                    (C) Regulations implementing recommendations.--The 
                Program Director may issue regulations implementing any 
                recommendation made by the Committee under subparagraph 
                (B)(iv).
    (b) Proposed Center Program.--Each fiscal year each Center Director 
shall submit to the Program Director--
            (1) a proposed program for the Center for the upcoming 
        fiscal year, which shall adhere to guidelines established by 
        the Program Director pursuant to section 3(e)(2) and shall 
        include--
                    (A) a description of the activities performed and 
                research funded by the Center in the previous fiscal 
                year;
                    (B) those individual research proposals submitted 
                under subsection (a) that the Center Director 
                determines to be meritorious based on reviews conducted 
                under that subsection;
                    (C) a proposed budget for the operation of the 
                Center for the current fiscal year;
                    (D) any other materials requested by the Program 
                Director to clarify the proposed program; and
                    (E) an annually revised long-range research and 
                operations plan; and
            (2) reviews, and responses thereto, of all individual 
        research proposals submitted to the Center Director for the 
        upcoming fiscal year.
    (c) Review of Proposed Center Programs.--The Program Director shall 
review the proposed programs submitted by each Center Director under 
subsection (b).
    (d) Gifts, Devises, and Bequests.--Each Center may accept, solicit, 
and use the services of volunteers, and may accept, receive, hold, 
administer, and use gifts, devises, and bequests, to carry out the 
research program of the Center.

SEC. 7. PROCEDURES FOR JOINT REVIEW OF RESEARCH PROPOSALS.

    The Under Secretary, in consultation with the Program Director and 
the Committee and jointly with the Director of the National Science 
Foundation and the Secretary of the Navy, shall--
            (1) develop procedures for the submittal and joint review 
        of proposals for research in priority research areas to be 
        carried out with assistance from 2 or more agencies within the 
        Department of Commerce, the National Science Foundation, or the 
        Department of Defense; and
            (2) issue final rules establishing those procedures by not 
        later than 1 year after the date of the enactment of this Act.

SEC. 8. GRANTS AND CONTRACTS FOR NATIONAL UNDERSEA RESEARCH CENTERS.

    (a) Authorization.--The Under Secretary may make grants and enter 
into contracts and cooperative agreements under this section to fund 
any Center program if the Under Secretary finds that the program will 
advance knowledge in the priority research areas.
    (b) Allocation of Funding.--
            (1) In general.--Based on the reviews under section 6(c) of 
        proposed Center programs, the Under Secretary shall--
                    (A) allocate among the Centers, in such manner as 
                will best advance knowledge in the priority research 
                areas, all amounts available for the current fiscal 
                year for research to be conducted by the Centers and 
                administration of the Centers, consistent with each 
                Center's long-term responsibilities to conduct priority 
                research; and
                    (B) notify each Center Director of the amount 
                allocated to that Center under subparagraph (A).
    (c) Terms and Conditions.--
            (1) In general.--Any grant made or contract entered into 
        under this section shall be subject to paragraphs (2) and (3) 
        and to any other terms, conditions, and requirements the Under 
        Secretary considers necessary.
            (2) Limitations on use for land and buildings.--Amounts 
        provided under any grant or contract under this section may not 
        be used for--
                    (A) the purchase of any land; or
                    (B) the purchase or construction of any building.
            (3) Maintenance of records.--Any person who receives or 
        utilizes any proceeds of any grant of contract under this 
        section shall keep any records the Under Secretary prescribes 
        as necessary to facilitate effective audit and evaluation, 
        including reports which full disclose the amount and 
        disposition of funds received under this Act, the total cost of 
        activities for which those funds were used, and the amount, if 
        any, of costs which were provided through other sources. The 
        records shall be maintained for 6 years after the completion of 
        the activity. The Under Secretary and the Comptroller General 
        of the United States, or any of their duly authorized 
        representatives, shall have access, for the purpose of audit 
        and evaluation, to any books, documents, papers, and records of 
        receipts, which in the opinion of the Under Secretary or of the 
        Comptroller General may be related or pertinent to the grants 
        and contracts.

SEC. 9. FINANCIAL ASSISTANCE REVIEW BOARD.

    After the date of the enactment of this Act, grants and contracts 
under the Program shall not be subject to review by the board in the 
Department of Commerce known as the Financial Assistance Review Board.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Center Program Funding.--There is authorized to be appropriated 
to the Under Secretary for use for grants and contracts under section 
8, to remain available until expended, $20,000,000 for fiscal year 
1995, $22,000,000 for fiscal year 1996, $24,000,000 for fiscal year 
1997, $26,000,000 for fiscal year 1998, and $28,000,000 for fiscal year 
1999.
    (b) Office of Undersea Research.--There is authorized to be 
appropriated to the Under Secretary for the administration of the 
Office of Undersea Research and support of the Memorandum of Agreement 
Concerning Support of a National Academic Deep Submergence Facility for 
Scientific Use, to remain available until expended, $2,100,000 for 
fiscal year 1995, $2,200,000 for fiscal year 1996, $2,300,000 for 
fiscal year 1997, $2,400,000 for fiscal year 1998, and $2,500,000 for 
fiscal year 1999.
    (c) Reversion of Unobligated Amounts.--The amount of any grant, 
contract, or portion of a grant or contract, made under section 3 or 8 
that is not obligated before the end of the third fiscal year in which 
it is authorized to be obligated--
            (1) shall revert to the Under Secretary; and
            (2) shall remain available for grants or contracts under 
        that section.
    (d) Limitations on Use.--Amounts appropriated under the authority 
of subsection (a) shall not be available for administration of this Act 
by the Office, or for program or administrative expenses of the 
Administration or the Department of Commerce.

                                 <all>

HR 4236 IH----2