I 

111TH CONGRESS 

1ST SESSION H. R. 366 

To establish the national ocean exploration program and the national undersea 

research program within the National Oceanic and Atmospheric Administration, to direct the Administrator of the National Oceanic and Atmospheric Administration to establish and maintain an undersea research 

program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Mr. FARR (for himself, Mrs. CAPPS, Ms. BORDALLO, Ms. SHEA-PORTER, Mr. 

MCINTYRE, and Mr. EHLERS) introduced the following bill; which was referred to the Committee on Science and Technology, and in addition to 

the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To establish the national ocean exploration program and 

the national undersea research program within the National Oceanic and Atmospheric Administration, to direct 

the Administrator of the National Oceanic and Atmospheric Administration to establish and maintain an undersea research program, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ocean Research and 

3 Exploration Enhancement Act of 2009’’. 

4 TITLE I—EXPLORATION 

5 SEC. 101. PURPOSE. 

6 The purpose of this title is to establish the national 

7 ocean exploration program and the national undersea re8 search program within the National Oceanic and Atmos9 pheric Administration. 

10 SEC. 102. PROGRAM ESTABLISHED. 

11 The Administrator or the National Oceanic and At12 mospheric Administration shall, in consultation with the 

13 National Science Foundation and other appropriate Fed14 eral agencies, establish a coordinated national ocean explo15 ration program within the National Oceanic and Atmos16 pheric Administration that promotes collaboration with 

17 other Federal ocean and undersea research and explo18 ration programs. To the extent appropriate, the Adminis19 trator shall seek to facilitate coordination of data and in20 formation management systems, outreach and education 

21 programs to improve public understanding of ocean and 

22 coastal resources, and development and transfer of tech23 nologies to facilitate ocean and undersea research and ex24 ploration. 


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

2 (a) IN GENERAL.—In carrying out the program au3 thorized by section 102, the Administrator of the National 

4 Oceanic and Atmospheric Administration shall— 

5 (1) conduct interdisciplinary voyages or other 

6 scientific activities in conjunction with other Federal 

7 agencies or academic or educational institutions, to 

8 explore and survey little known areas of the marine 

9 environment, inventory, observe, and assess living 

10 and nonliving marine resources, and report such 

11 findings; 

12 (2) give priority attention to deep ocean re13 gions, with a focus on deep water marine systems 

14 that hold potential for important scientific discov15 eries, such as hydrothermal vent communities and 

16 seamounts; 

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

18 and document historic shipwrecks, submerged sites, 

19 and other ocean exploration activities that combine 

20 archaeology and oceanographic sciences; 

21 (4) develop and implement, in consultation with 

22 the National Science Foundation, a transparent, 

23 competitive process for merit-based peer-review and 

24 approval of proposals for activities to be conducted 

25 under this program, taking into consideration advice 

26 of the Board established under section 105; 


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1 (5) enhance the technical capability of the 

2 United States marine science community by pro3 moting the development of improved oceanographic 

4 research, communication, navigation, and data col5 lection systems, as well as underwater platforms and 

6 sensor and autonomous vehicles; and 

7 (6) establish an ocean exploration forum to en8 courage partnerships and promote communication 

9 among experts and other stakeholders in order to 

10 enhance the scientific and technical expertise and 

11 relevance of the national program. 

12 (b) DONATIONS.—The Administrator may accept do13 nations of property, data, and equipment to be applied for 

14 the purpose of exploring the oceans or increasing knowl15 edge of the oceans. 

16 SEC. 104. OCEAN EXPLORATION AND UNDERSEA RESEARCH 

17 TECHNOLOGY AND INFRASTRUCTURE TASK 

18 FORCE. 

19 (a) IN GENERAL.—The Administrator of the Na20 tional Oceanic and Atmospheric Administration, in coordi21 nation with the National Science Foundation, the National 

22 Aeronautics and Space Administration, the United States 

23 Geological Survey, the Department of the Navy, the Min24 eral Management Service, and relevant governmental, 

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


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1 shall convene an ocean exploration and undersea research 

2 technology and infrastructure task force to develop and 

3 implement a strategy— 

4 (1) to facilitate transfer of new exploration and 

5 undersea research technology to the programs au6 thorized under this Act; 

7 (2) to improve availability of communications 

8 infrastructure, including satellite capabilities, to 

9 such programs; 

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

11 comprehensive data management information proc12 essing system that will make information on unique 

13 and significant features obtained by such programs 

14 available for research and management purposes; 

15 (4) to conduct public outreach activities that 

16 improve the public understanding of ocean science, 

17 resources, and processes, in conjunction with rel18 evant programs of the National Oceanic and Atmos19 pheric Administration, the National Science Founda20 tion, and other agencies; and 

21 (5) to encourage cost-sharing partnerships with 

22 governmental and nongovernmental entities that will 

23 assist in transferring exploration and undersea re24 search technology and technical expertise to the pro25 grams. 


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

2 coordinate the development of agency budgets and identify 

3 the items in their annual budget that support the activities 

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

5 SEC. 105. OCEAN EXPLORATION ADVISORY BOARD. 

6 (a) ESTABLISHMENT.—The Administrator of the Na7 tional Oceanic and Atmospheric Administration shall ap8 point an Ocean Exploration Advisory Board composed of 

9 experts in relevant fields— 

10 (1) to advise the Administrator on priority 

11 areas for survey and discovery; 

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

13 a 5-year strategic plan for the fields of ocean, ma14 rine, and Great Lakes science, exploration, and dis15 covery; 

16 (3) to annually review the quality and effective17 ness of the proposal review process established under 

18 section 103(a)(4); and 

19 (4) to provide other assistance and advice as re20 quested by the Administrator. 

21 (b) FEDERAL ADVISORY COMMITTEE ACT.—Section 

22 14 of the Federal Advisory Committee Act (5 U.S.C. 

23 App.) shall not apply to the Board appointed under sub24 section (a). 


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1 (c) APPLICATION WITH OUTER CONTINENTAL

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

3 limits the authority of the Secretary of the Interior under 

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

5 et seq.). 

6 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to the Na8 tional Oceanic and Atmospheric Administration to carry 

9 out this title— 

10 (1) $33,550,000 for fiscal year 2009; 

11 (2) $36,905,000 for fiscal year 2010; 

12 (3) $40,596,000 for fiscal year 2011; 

13 (4) $44,655,000 for fiscal year 2012; 

14 (5) $49,121,000 for fiscal year 2013; 

15 (6) $54,033,000 for fiscal year 2014; and 

16 (7) $59,436,000 for fiscal year 2015. 

17 TITLE II—NOAA UNDERSEA RE18 SEARCH PROGRAM ACT OF 

19 2009 

20 SEC. 201. SHORT TITLE. 

21 This title may be cited as the ‘‘NOAA Undersea Re22 search Program Act of 2009’’. 

23 SEC. 202. PROGRAM ESTABLISHED. 

24 (a) IN GENERAL.—The Administrator of the Na25 tional Oceanic and Atmospheric Administration shall esVerDate Nov 24 2008 00:53 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H366.IH H366

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1 tablish and maintain an undersea research program and 

2 shall designate a Director of that program. 

3 (b) PURPOSE.—The purpose of the program is to in4 crease scientific knowledge essential for the informed man5 agement, use, and preservation of oceanic, marine, and 

6 coastal areas and the Great Lakes. 

7 SEC. 203. POWERS OF PROGRAM DIRECTOR. 

8 The Director of the program, in carrying out the pro9 gram, shall— 

10 (1) cooperate with institutions of higher edu11 cation and other educational marine and ocean 

12 science organizations, and shall make available un13 dersea research facilities, equipment, technologies, 

14 information, and expertise to support undersea re15 search efforts by these organizations; 

16 (2) enter into partnerships, as appropriate and 

17 using existing authorities, with the private sector to 

18 achieve the goals of the program and to promote 

19 technological advancement of the marine industry; 

20 and 

21 (3) coordinate the development of agency budg22 ets and identify the items in their annual budget 

23 that support the activities described in paragraphs 

24 (1) and (2). 


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1 SEC. 204. ADMINISTRATIVE STRUCTURE. 

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

3 through a national headquarters, a network of extramural 

4 regional undersea research centers that represent all rel5 evant National Oceanic and Atmospheric Administration 

6 regions, and the National Institute for Undersea Science 

7 and Technology. 

8 (b) DIRECTION.—The Director shall develop the over9 all direction of the program in coordination with a Council 

10 of Center Directors comprised of the directors of the ex11 tramural regional centers and the National Institute for 

12 Undersea Science and Technology. The Director shall pub13 lish a draft program direction document not later than 

14 1 year after the date of enactment of this Act in the Fed15 eral Register for a public comment period of not less than 

16 120 days. The Director shall publish a final program di17 rection, including responses to the comments received dur18 ing the public comment period, in the Federal Register 

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

20 program director shall update the program direction, with 

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

22 SEC. 205. RESEARCH, EXPLORATION, EDUCATION, AND 

23 TECHNOLOGY PROGRAMS. 

24 (a) IN GENERAL.—The following research, explo25 ration, education, and technology programs shall be conVerDate Nov 24 2008 00:53 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H366.IH H366

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1 ducted through the network of regional centers and the 

2 National Institute for Undersea Science and Technology: 

3 (1) Core research and exploration based on na4 tional and regional undersea research priorities. 

5 (2) Advanced undersea technology development 

6 to support the National Oceanic and Atmospheric 

7 Administration’s research mission and programs. 

8 (3) Undersea science-based education and out9 reach programs to enrich ocean science education 

10 and public awareness of the oceans and Great 

11 Lakes. 

12 (4) Development, testing, and transition of ad13 vanced undersea technology associated with ocean 

14 observatories, submersibles, advanced diving tech15 nologies, remotely operated vehicles, autonomous un16 derwater vehicles, and new sampling and sensing 

17 technologies. 

18 (5) Discovery, study, and development of nat19 ural resources and products from ocean, coastal, and 

20 aquatic systems. 

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

22 through operation of the extramural regional centers and 

23 the National Institute for Undersea Science and Tech24 nology, shall leverage partnerships and cooperative re25 search with academia and private industry. 


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1 SEC. 206. COMPETITIVENESS. 

2 (a) DISCRETIONARY FUND.—The Program shall allo3 cate no more than 10 percent of its annual budget to a 

4 discretionary fund that may be used only for program ad5 ministration and priority undersea research projects iden6 tified by the Director but not covered by funding available 

7 from centers. 

8 (b) COMPETITIVE SELECTION.—The Administrator 

9 shall conduct an initial competition to select the regional 

10 centers that will participate in the program 90 days after 

11 the publication of the final program direction under sec12 tion 204 and every 5 years thereafter. Funding for 

13 projects conducted through the regional centers shall be 

14 awarded through a competitive, merit-reviewed process on 

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

16 and their technical feasibility. 

17 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Na19 tional Oceanic and Atmospheric Administration— 

20 (1) for fiscal year 2009— 

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

22 of which 50 percent shall be for West Coast re23 gional centers and 50 percent shall be for East 

24 Coast regional centers; and 

25 (B) $5,500,000 for the National Tech26 nology Institute; 


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1 (2) for fiscal year 2010— 

2 (A) $15,125,000 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) $6,050,000 for the National Tech7 nology Institute; 

8 (3) for fiscal year 2011— 

9 (A) $16,638,000 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) $6,655,000 for the National Tech14 nology Institute; 

15 (4) for fiscal year 2012— 

16 (A) $18,301,000 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) $7,321,000 for the National Tech21 nology Institute; 

22 (5) for fiscal year 2013— 

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

24 of which 50 percent shall be for West Coast reVerDate Nov 24 2008 00:53 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H366.IH H366

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1 gional centers and 50 percent shall be for East 

2 Coast regional centers; and 

3 (B) $8,053,000 for the National Tech4 nology Institute; 

5 (6) for fiscal year 2014— 

6 (A) $22,145,000 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) $8,859,000 for the National Tech11 nology Institute; and 

12 (7) for fiscal year 2015— 

13 (A) $24,359,000 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) $9,744,000 for the National Tech18 nology Institute. 

Æ 


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