[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5106 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5106

   To authorize the Marine Mammal Commission to establish a national 
research program to fund basic and applied research on marine mammals, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2008

 Mr. Abercrombie introduced the following bill; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To authorize the Marine Mammal Commission to establish a national 
research program to fund basic and applied research on marine mammals, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Marine Mammal Research 
Program Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) populations of marine mammals that occur in waters of 
        the United States are resources of substantial ecological, 
        scientific, socioeconomic, and esthetic value;
            (2) although progress has been made toward understanding 
        the impacts of human activities and natural environmental 
        changes on marine mammal populations, much work remains to be 
        done;
            (3) some marine mammal populations are in various stages of 
        recovery, while many others remain critically endangered and 
        their status has not improved or has declined;
            (4) there is a clear need to better understand, evaluate, 
        and mitigate the impacts on marine mammals and other marine 
        species of an array of anthropogenic activities;
            (5) data gaps and scientific uncertainty present resource 
        managers with significant challenges in implementing the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.);
            (6) funding has been insufficient to support all of the 
        research required to fully understand and properly conserve and 
        manage marine mammal populations;
            (7) in particular, in a recent report to Congress the 
        Marine Mammal Commission recommended the establishment of a 
        research program, the initial goal of which is to improve 
        understanding of anthropogenic sound, its biologically 
        significant effects on marine mammals and marine ecosystems, 
        and effective means for mitigating and monitoring those 
        effects;
            (8) understanding marine mammals through research is 
        essential for using the oceans wisely and protecting marine 
        living resources, and the United States should maintain its 
        world leadership in marine mammal science and oceanography as 
        one key to its competitive future; and
            (9) the Marine Mammal Commission established under section 
        201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
        1401) has research and management responsibilities under that 
        Act that make it the appropriate entity to administer a marine 
        mammal research program.

SEC. 3. NATIONAL MARINE MAMMAL RESEARCH PROGRAM.

    (a) Establishment of Program.--Title II of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1401 et seq.) is amended--
            (1) by inserting after the title heading the following:

                  ``Subtitle A--General Provisions'';

        and
            (2) by adding at the end the following:

                  ``Subtitle B--Marine Mammal Research

``SEC. 221. NATIONAL MARINE MAMMAL RESEARCH PROGRAM.

    ``(a) Establishment.--The Commission shall establish a program to 
be known as the `National Marine Mammal Research Program'.
    ``(b) Purposes.--The purposes of the program are as follows:
            ``(1) To undertake research to improve the Nation's 
        understanding of marine mammals, the factors, natural and human 
        related, that affect and threaten the health of their 
        populations and habitats, and the means of mitigating those 
        effects to ensure marine mammal conservation.
            ``(2) To coordinate and strengthen scientific research 
        efforts in support of those goals by--
                    ``(A) identifying and developing partnerships among 
                Federal agencies, academia, industry, and other members 
                of the oceanographic and marine mammal scientific 
                communities in the areas of data collection, research, 
                resource management public education, and 
                communication; and
                    ``(B) reporting annually to Congress on the 
                program.
    ``(c) Duties.--The Commission shall--
            ``(1) prescribe such policies and procedures necessary to 
        implement the Research Program;
            ``(2) implement and support the Research Coordinating 
        Committee, established under section 222;
            ``(3) supervise the performance of duties by the Program 
        Office established under subsection (d);
            ``(4) prepare an annual report to Congress on research 
        undertaken and benefits thereof; and
            ``(5) conduct periodic program reviews.
    ``(d) Authorities.--The Commission shall have the authority, within 
the limits of available appropriations, to do all things necessary to 
carry out the provisions of this section, including the authority to--
            ``(1) enter into contracts, make grants, or enter other 
        arrangements as may be necessary for the purpose of 
        implementing the Research Program and carrying out the 
        responsibilities of the Research Coordinating Committee 
        established under section 222--
                    ``(A) with any agency or instrumentality of the 
                United States, with any State, territory, or possession 
                or any political subdivision thereof, or with any 
                person, firm, association, corporation, or educational 
                institution;
                    ``(B) with or without reimbursement;
                    ``(C) without performance or other bonds; and
                    ``(D) without regard to section 3709 of the Revised 
                Statutes (41 U.S.C. 5);
            ``(2) accept and use the services of voluntary and 
        uncompensated personnel necessary for the conduct of the work 
        of the Research Program and provide transportation and 
        subsistence as authorized by section 5703 of title 5, United 
        States Code, for persons serving without compensation; and
            ``(3) prescribe such rules and regulations as it determines 
        necessary governing the operation and organization of the 
        Research Program.
    ``(e) National Marine Mammal Research Program Office.--
            ``(1) Establishment.--The Commission shall establish a 
        National Marine Mammal Research Program Office for the Research 
        Program. The Commission shall use competitive procedures in 
        selecting an operator for the Program Office.
            ``(2) Duties.--The Commission shall assign the following 
        duties to the Program Office:
                    ``(A) Work with the Commission and the Research 
                Coordinating Committee to draft the program 
                announcement, identify proposal selection criteria, 
                organize and conduct an independent peer review of the 
                proposals, and recommend to the Commission and Research 
                Coordinating Committee projects and funding allocations 
                for implementation under the Research Program.
                    ``(B) Manage the process for soliciting proposals 
                for research, including managing peer review of such 
                projects, subject to oversight and approval by the 
                Commission and the Research Coordinating Committee.
                    ``(C) Submit an annual report on the status of all 
                projects and activities of the office, for review by 
                the Research Coordinating Committee and final approval 
                and release by the Commission.
                    ``(D) Undertake any additional duties for the 
                administration of the Research Program that the 
                Commission or the Research Coordinating Committee 
                considers appropriate.
    ``(f) Annual Report.--The Commission shall transmit to Congress an 
annual report on progress made in implementing this subtitle. The 
report shall contain the following:
            ``(1) A description of activities of the Research Program 
        carried out during the preceding fiscal year, with a list of 
        the members of the Research Coordinating Committee and any 
        subcommittees in existence during the fiscal year.
            ``(2) A general outline of the activities planned or 
        conducted for the Research Program during the fiscal year for 
        which the report is prepared.
            ``(3) A description of the involvement of the Research 
        Program with Federal interagency coordinating entities.
            ``(4) The programs, projects, and activities of the 
        Research Program and the estimated expenditures under such 
        programs, projects, and activities during the subsequent fiscal 
        year.

``SEC. 222. NATIONAL MARINE MAMMAL RESEARCH COORDINATING COMMITTEE.

    ``(a) Committee.--The President, after consultation with the 
Commission, shall create a National Marine Mammal Research Coordinating 
Committee.
    ``(b) Membership.--
            ``(1) In general.--The Research Coordinating Committee 
        shall be composed of representatives of the following with 
        experience relevant to the purposes of this subtitle:
                    ``(A) The Secretary of the Navy.
                    ``(B) The Administrator of the National Oceanic and 
                Atmospheric Administration.
                    ``(C) The Director of the National Science 
                Foundation.
                    ``(D) The Administrator of the National Aeronautics 
                and Space Administration.
                    ``(E) The Administrator of the Environmental 
                Protection Agency.
                    ``(F) The Commandant of the Coast Guard.
                    ``(G) The Director of the United States Fish and 
                Wildlife Service.
                    ``(H) The Director of the United States Geological 
                Survey.
                    ``(I) The Director of the Minerals Management 
                Service.
                    ``(J) The President of the National Academy of 
                Sciences.
                    ``(K) The Director of the Office of Science and 
                Technology Policy.
                    ``(L) The Director of the Office of Management and 
                Budget.
                    ``(M) The Executive Director of the Commission.
                    ``(N) One member appointed by the Research 
                Coordinating Committee from among individuals who will 
                represent the views of ocean industries with expertise 
                in marine mammal biology, marine ecology, oceanography, 
                or marine policy.
                    ``(O) One member appointed by the Research 
                Coordinating Committee from among individuals who will 
                represent the views of State governments with expertise 
                in marine mammal biology, marine ecology, oceanography, 
                or marine policy.
                    ``(P) One member appointed by the Research 
                Coordinating Committee from among individuals who will 
                represent the views of academia with expertise in 
                marine mammal biology, marine ecology, oceanography, or 
                marine policy.
                    ``(Q) One member appointed by the Research 
                Coordinating Committee from among individuals who will 
                represent the views of the marine conservation 
                community with expertise in marine mammal biology, 
                marine ecology, oceanography, or marine policy.
                    ``(R) One member appointed by the Research 
                Coordinating Committee from among individuals who will 
                represent such other views as the chairman of such 
                committee considers appropriate.
            ``(2) FACA.--The Federal Advisory Committee Act (5 App. 
        U.S.C.) shall not apply to the Research Coordinating Committee.
            ``(3) Limitation on service on committee of scientific 
        advisors on marine mammals.--A member of the Research 
        Coordinating Committee may not simultaneously serve as a member 
        of the Committee of Scientific Advisors on Marine Mammals 
        established under section 203.
    ``(c) Chairman and Vice Chairman.--The Executive Director of the 
Marine Mammal Commission shall be the chairman of the Research 
Coordinating Committee and the Administrator of the National Oceanic 
and Atmospheric Administration shall be the vice chairman of the 
Research Coordinating Committee. The chairman may create subcommittees 
chaired by the representative of any member agency of the Research 
Coordinating Committee to, among other tasks, receive advice, input, or 
comments from experts on the national marine mammal research plan 
developed under section 223.
    ``(d) Term of Office.--The term of office of a member of the 
Research Coordinating Committee appointed under subparagraph (N), (O), 
(P), (Q), or (R) of subsection (b)(1) shall be 3 years, except that any 
member appointed to fill a vacancy occurring before the expiration of 
the term for which the member's predecessor was appointed shall be 
appointed for the remainder of such term.
    ``(e) Responsibilities.--The Research Coordinating Committee shall 
have the following responsibilities:
            ``(1) Develop a national marine mammal research plan under 
        section 223.
            ``(2) Facilitate cooperation among Federal agencies and 
        departments with respect to marine mammal research.
            ``(3) Revise as necessary and approve the program 
        announcement developed by the Program Office.
            ``(4) Estimate, to the extent practicable, Federal funding 
        needed for marine mammal research activities to be conducted 
        under the Plan.
            ``(5) Review and revise, at a minimum every 3 years or as 
        necessary the marine mammal research plan.
    ``(f) Contract and Grant Authority.--
            ``(1) In general.--The Federal departments and agencies 
        involved in the Research Coordinating Committee may participate 
        in interagency financing and share, transfer, receive, 
        obligate, and expend funds appropriated to any Federal 
        participant on the Research Coordinating Committee for the 
        purposes of carrying out any administrative or programmatic 
        project or activity under this subtitle, including support for 
        the Program Office and the Research Program. Funds may be 
        transferred among such departments and agencies through an 
        appropriate instrument that specifies the goods, services, or 
        space being acquired from another Research Coordinating 
        Committee member and the costs of the same.
            ``(2) Volunteers and gifts, devises, and bequests.--For the 
        purposes of carrying out this subtitle the Commission may 
        accept, solicit, and use the services of volunteers, and may 
        accept, solicit, receive, hold, administer, and use gifts, 
        devises, and bequests.
    ``(g) National Research Council Evaluation.--The chairman of the 
Research Coordinating Committee shall seek to enter into an agreement 
with the National Research Council under which the National Research 
Council shall periodically evaluate the scientific content of the Plan 
and the implementation of the research conducted under the Research 
Program and provide information and advice obtained from United States 
and international sources and recommendations for priorities for future 
marine mammal research.
    ``(h) Public Participation.--The Executive Director of the 
Commission shall publish the Plan, and any revision thereof, in the 
Federal Register for a public comment period of not less than 60 days.

``SEC. 223. NATIONAL MARINE MAMMAL RESEARCH PLAN.

    ``The Research Coordinating Committee shall develop within one year 
after the date of enactment of this subtitle a comprehensive 5-year 
national marine mammal research plan to--
            ``(1) improve understanding of marine mammals, their 
        health, and their role in the marine environment;
            ``(2) characterize the impact of human-related activities 
        on marine mammals, at the individual, population, and ecosystem 
        levels;
            ``(3) evaluate existing conservation, mitigation, and 
        monitoring measures;
            ``(4) develop more effective management measures for marine 
        mammals; and
            ``(5) identify critical research gaps and uncertainties, 
        establish research priorities, and estimate the budgets needs 
        for each of the priorities.

``SEC. 224. DEFINITIONS.

    ``In this subtitle:
            ``(1) Plan.--The term `Plan' means the national marine 
        mammal research plan developed under section 223.
            ``(2) Program.--The term `Program' means the National 
        Marine Mammal Research Program established under section 
        221(a).
            ``(3) Program office.--The term `Program Office' means the 
        National Marine Mammal Research Program Office established 
        under section 221(f).
            ``(4) Research coordinating committee.--The term `Research 
        Coordinating Committee' means the National Marine Mammal 
        Research Coordinating Committee created under section 222(a).

``SEC. 225. AUTHORIZATION OF APPROPRIATIONS.

    ``In addition to amounts otherwise authorized to be appropriated, 
there is to be authorized to be appropriated to the Commission to 
implement this subtitle $25,000,000 for each of fiscal years 2008, 
2009, 2010, 2011, and 2012.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended--
            (1) by inserting after the item for the heading for title 
        II the following:

                  ``Subtitle A--General Provisions'';

        and
            (2) by adding at the end of the items for title II the 
        following:

                  ``Subtitle B--Marine Mammal Research

``221. National Marine Mammal Research Program.
``222. National Marine Mammal Research Coordinating Committee.
``223. National Marine Mammal Research Plan.
``224. Definitions.
``225. Authorization of appropriations.''.
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