II 

111TH CONGRESS 

1ST SESSION S. 172 

To establish a coordinated national ocean exploration program within the 

National Oceanic and Atmospheric Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2009 

Ms. SNOWE (for herself, Mr. INOUYE, and Mr. ROCKEFELLER) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘NOAA Ocean Explo5 ration and Undersea Research Program Act of 2009’’. 

6 TITLE I—OCEAN EXPLORATION 

7 SEC. 101. PURPOSE. 

8 The purpose of this title is to establish the national 

9 ocean exploration program and the national undersea reVerDate Nov 24 2008 20:21 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S172.IS S172

jlentini on PROD1PC65 with BILLS
2 

•S 172 IS 

1 search program within the National Oceanic and Atmos2 pheric Administration. 

3 SEC. 102. PROGRAM ESTABLISHED. 

4 The Administrator of the National Oceanic and At5 mospheric Administration shall, in consultation with the 

6 National Science Foundation and other appropriate Fed7 eral agencies, establish a coordinated national ocean explo8 ration program within the National Oceanic and Atmos9 pheric Administration that promotes collaboration with 

10 other Federal ocean and undersea research and explo11 ration programs. To the extent appropriate, the Adminis12 trator shall seek to facilitate coordination of data and in13 formation management systems, outreach and education 

14 programs to improve public understanding of ocean and 

15 coastal resources, and development and transfer of tech16 nologies to facilitate ocean and undersea research and ex17 ploration. 

18 SEC. 103. POWERS AND DUTIES OF THE ADMINISTRATOR. 

19 (a) IN GENERAL.—In carrying out the program au20 thorized by section 102, the Administrator of the National 

21 Oceanic and Atmospheric Administration shall— 

22 (1) conduct interdisciplinary voyages or other 

23 scientific activities in conjunction with other Federal 

24 agencies or academic or educational institutions, to 

25 explore and survey little known areas of the marine 


jlentini on PROD1PC65 with BILLS
3 

•S 172 IS 

1 environment, inventory, observe, and assess living 

2 and nonliving marine resources, and report such 

3 findings; 

4 (2) give priority attention to deep ocean re5 gions, with a focus on deep water marine systems 

6 that hold potential for important scientific discov7 eries, such as hydrothermal vent communities and 

8 seamounts; 

9 (3) conduct scientific voyages to locate, define, 

10 and document historic shipwrecks, submerged sites, 

11 and other ocean exploration activities that combine 

12 archaeology and oceanographic sciences; 

13 (4) develop and implement, in consultation with 

14 the National Science Foundation, a transparent, 

15 competitive process for merit-based peer-review and 

16 approval of proposals for activities to be conducted 

17 under this program, taking into consideration advice 

18 of the Board established under section 105; 

19 (5) enhance the technical capability of the 

20 United States marine science community by pro21 moting the development of improved oceanographic 

22 research, communication, navigation, and data col23 lection systems, as well as underwater platforms and 

24 sensor and autonomous vehicles; and 


jlentini on PROD1PC65 with BILLS
4 

•S 172 IS 

1 (6) establish an ocean exploration forum to en2 courage partnerships and promote communication 

3 among experts and other stakeholders in order to 

4 enhance the scientific and technical expertise and 

5 relevance of the national program. 

6 (b) DONATIONS.—The Administrator may accept do7 nations of property, data, and equipment to be applied for 

8 the purpose of exploring the oceans or increasing knowl9 edge of the oceans. 

10 SEC. 104. OCEAN EXPLORATION AND UNDERSEA RESEARCH 

11 TECHNOLOGY AND INFRASTRUCTURE TASK 

12 FORCE. 

13 (a) IN GENERAL.— The Administrator of the Na14 tional Oceanic and Atmospheric Administration, in coordi15 nation with the National Science Foundation, the National 

16 Aeronautics and Space Administration, the United States 

17 Geological Survey, the Department of the Navy, the Min18 eral Management Service, and relevant governmental, 

19 non-governmental, academic, industry, and other experts, 

20 shall convene an ocean exploration and undersea research 

21 technology and infrastructure task force to develop and 

22 implement a strategy— 

23 (1) to facilitate transfer of new exploration and 

24 undersea research technology to the programs au25 thorized under this Act; 


jlentini on PROD1PC65 with BILLS
5 

•S 172 IS 

1 (2) to improve availability of communications 

2 infrastructure, including satellite capabilities, to 

3 such programs; 

4 (3) to develop an integrated, workable, and 

5 comprehensive data management information proc6 essing system that will make information on unique 

7 and significant features obtained by such programs 

8 available for research and management purposes; 

9 (4) to conduct public outreach activities that 

10 improve the public understanding of ocean science, 

11 resources, and processes, in conjunction with rel12 evant programs of the National Oceanic and Atmos13 pheric Administration, the National Science Founda14 tion, and other agencies; and 

15 (5) to encourage cost-sharing partnerships with 

16 governmental and nongovernmental entities that will 

17 assist in transferring exploration and undersea re18 search technology and technical expertise to the pro19 grams. 

20 (b) BUDGET COORDINATION.—The task force shall 

21 coordinate the development of agency budgets and identify 

22 the items in their annual budget that support the activities 

23 identified in the strategy developed under subsection (a). 


jlentini on PROD1PC65 with BILLS
6 

•S 172 IS 

1 SEC. 105. OCEAN EXPLORATION ADVISORY BOARD. 

2 (a) ESTABLISHMENT.—The Administrator of the Na3 tional Oceanic and Atmospheric Administration shall ap4 point an Ocean Exploration Advisory Board composed of 

5 experts in relevant fields— 

6 (1) to advise the Administrator on priority 

7 areas for survey and discovery; 

8 (2) to assist the program in the development of 

9 a 5-year strategic plan for the fields of ocean, ma10 rine, and Great Lakes science, exploration, and dis11 covery; 

12 (3) to annually review the quality and effective13 ness of the proposal review process established under 

14 section 103(a)(4); and 

15 (4) to provide other assistance and advice as re16 quested by the Administrator. 

17 (b) FEDERAL ADVISORY COMMITTEE ACT.—Section 

18 14 of the Federal Advisory Committee Act (5 U.S.C. 

19 App.) shall not apply to the Board appointed under sub20 section (a). 

21 (c) APPLICATION WITH OUTER CONTINENTAL

22 SHELF LANDS ACT.—Nothing in this title supersedes, or 

23 limits the authority of the Secretary of the Interior under 

24 the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

25 et seq.). 


jlentini on PROD1PC65 with BILLS
7 

•S 172 IS 

1 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Na3 tional Oceanic and Atmospheric Administration to carry 

4 out this title— 

5 (1) $33,550,000 for fiscal year 2009; 

6 (2) $36,905,000 for fiscal year 2010; 

7 (3) $40,596,000 for fiscal year 2011; 

8 (4) $44,655,000 for fiscal year 2012; 

9 (5) $49,121,000 for fiscal year 2013; 

10 (6) $54,033,000 for fiscal year 2014; and 

11 (7) $59,436,000 for fiscal year 2015. 

12 TITLE II—UNDERSEA RESEARCH 

13 PROGRAM 

14 SEC. 201. PROGRAM ESTABLISHED. 

15 (a) IN GENERAL.—The Administrator of the Na16 tional Oceanic and Atmospheric Administration shall es17 tablish and maintain an undersea research program and 

18 shall designate a Director of that program. 

19 (b) PURPOSE.—The purpose of the program is to in20 crease scientific knowledge essential for the informed man21 agement, use, and preservation of oceanic, marine, and 

22 coastal areas and the Great Lakes. 

23 SEC. 202. POWERS OF PROGRAM DIRECTOR. 

24 The Director of the program, in carrying out the pro25 gram, shall— 


jlentini on PROD1PC65 with BILLS
8 

•S 172 IS 

1 (1) cooperate with institutions of higher edu2 cation and other educational marine and ocean 

3 science organizations, and shall make available un4 dersea research facilities, equipment, technologies, 

5 information, and expertise to support undersea re6 search efforts by these organizations; 

7 (2) enter into partnerships, as appropriate and 

8 using existing authorities, with the private sector to 

9 achieve the goals of the program and to promote 

10 technological advancement of the marine industry; 

11 and 

12 (3) coordinate the development of agency budg13 ets and identify the items in their annual budget 

14 that support the activities described in paragraphs 

15 (1) and (2). 

16 SEC. 203. ADMINISTRATIVE STRUCTURE. 

17 (a) IN GENERAL.—The program shall be conducted 

18 through a national headquarters, a network of extramural 

19 regional undersea research centers that represent all rel20 evant National Oceanic and Atmospheric Administration 

21 regions, and the National Institute for Undersea Science 

22 and Technology. 

23 (b) DIRECTION.—The Director shall develop the over24 all direction of the program in coordination with a Council 

25 of Center Directors comprised of the directors of the exVerDate Nov 24 2008 20:21 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S172.IS S172

jlentini on PROD1PC65 with BILLS
9 

•S 172 IS 

1 tramural regional centers and the National Institute for 

2 Undersea Science and Technology. The Director shall pub3 lish a draft program direction document not later than 

4 1 year after the date of enactment of this Act in the Fed5 eral Register for a public comment period of not less than 

6 120 days. The Director shall publish a final program di7 rection, including responses to the comments received dur8 ing the public comment period, in the Federal Register 

9 within 90 days after the close of the comment period. The 

10 program director shall update the program direction, with 

11 opportunity for public comment, at least every 5 years. 

12 SEC. 204. RESEARCH, EXPLORATION, EDUCATION AND 

13 TECHNOLOGY PROGRAMS. 

14 (a) IN GENERAL.—The following research, explo15 ration, education, and technology programs shall be con16 ducted through the network of regional centers and the 

17 National Institute for Undersea Science and Technology: 

18 (1) Core research and exploration based on na19 tional and regional undersea research priorities. 

20 (2) Advanced undersea technology development 

21 to support the National Oceanic and Atmospheric 

22 Administration’s research mission and programs. 

23 (3) Undersea science-based education and out24 reach programs to enrich ocean science education 


jlentini on PROD1PC65 with BILLS
10 

•S 172 IS 

1 and public awareness of the oceans and Great 

2 Lakes. 

3 (4) Development, testing, and transition of ad4 vanced undersea technology associated with ocean 

5 observatories, submersibles, advanced diving tech6 nologies, remotely operated vehicles, autonomous un7 derwater vehicles, and new sampling and sensing 

8 technologies. 

9 (5) Discovery, study, and development of nat10 ural resources and products from ocean, coastal, and 

11 aquatic systems. 

12 (b) OPERATIONS.—The Director of the program, 

13 through operation of the extramural regional centers and 

14 the National Institute for Undersea Science and Tech15 nology, shall leverage partnerships and cooperative re16 search with academia and private industry. 

17 SEC. 205. COMPETITIVENESS. 

18 (a) DISCRETIONARY FUND.—The Program shall allo19 cate no more than 10 percent of its annual budget to a 

20 discretionary fund that may be used only for program ad21 ministration and priority undersea research projects iden22 tified by the Director but not covered by funding available 

23 from centers. 

24 (b) COMPETITIVE SELECTION.—The Administrator 

25 shall conduct an initial competition to select the regional 


jlentini on PROD1PC65 with BILLS
11 

•S 172 IS 

1 centers that will participate in the program 90 days after 

2 the publication of the final program direction under sec3 tion 203 and every 5 years thereafter. Funding for 

4 projects conducted through the regional centers shall be 

5 awarded through a competitive, merit-reviewed process on 

6 the basis of their relevance to the goals of the program 

7 and their technical feasibility. 

8 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to the Na10 tional Oceanic and Atmospheric Administration to carry 

11 out this title— 

12 (1) for fiscal year 2009— 

13 (A) $13,750,000 for the regional centers, 

14 of which 50 percent shall be for West Coast re15 gional centers and 50 percent shall be for East 

16 Coast regional centers; and 

17 (B) $5,500,000 for the National Tech18 nology Institute; 

19 (2) for fiscal year 2010— 

20 (A) $15,125,000 for the regional centers, 

21 of which 50 percent shall be for West Coast re22 gional centers and 50 percent shall be for East 

23 Coast regional centers; and 

24 (B) $6,050,000 for the National Tech25 nology Institute; 


jlentini on PROD1PC65 with BILLS
12 

•S 172 IS 

1 (3) for fiscal year 2011— 

2 (A) $16,638,000 for the regional centers, 

3 of which 50 percent shall be for West Coast re4 gional centers and 50 percent shall be for East 

5 Coast regional centers; and 

6 (B) $6,655,000 for the National Tech7 nology Institute; 

8 (4) for fiscal year 2012— 

9 (A) $18,301,000 for the regional centers, 

10 of which 50 percent shall be for West Coast re11 gional centers and 50 percent shall be for East 

12 Coast regional centers; and 

13 (B) $7,321,000 for the National Tech14 nology Institute; 

15 (5) for fiscal year 2013— 

16 (A) $20,131,000 for the regional centers, 

17 of which 50 percent shall be for West Coast re18 gional centers and 50 percent shall be for East 

19 Coast regional centers; and 

20 (B) $8,053,000 for the National Tech21 nology Institute; 

22 (6) for fiscal year 2014— 

23 (A) $22,145,000 for the regional centers, 

24 of which 50 percent shall be for West Coast reVerDate Nov 24 2008 20:21 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S172.IS S172

jlentini on PROD1PC65 with BILLS
13 

•S 172 IS 

1 gional centers and 50 percent shall be for East 

2 Coast regional centers; and 

3 (B) $8,859,000 for the National Tech4 nology Institute; and 

5 (7) for fiscal year 2015— 

6 (A) $24,359,000 for the regional centers, 

7 of which 50 percent shall be for West Coast re8 gional centers and 50 percent shall be for East 

9 Coast regional centers; and 

10 (B) $9,744,000 for the National Tech11 nology Institute. 

Æ 


jlentini on PROD1PC65 with BILLS