I 

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. 

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 ‘‘National Marine Mam5 mal Research Program Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) populations of marine mammals that occur 

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1 stantial ecological, scientific, socioeconomic, and es2 thetic value; 

3 (2) although progress has been made toward 

4 understanding the impacts of human activities and 

5 natural environmental changes on marine mammal 

6 populations, much work remains to be done; 

7 (3) some marine mammal populations are in 

8 various stages of recovery, while many others remain 

9 critically endangered and their status has not im10 proved or has declined; 

11 (4) there is a clear need to better understand, 

12 evaluate, and mitigate the impacts on marine mam13 mals and other marine species of an array of anthro14 pogenic activities; 

15 (5) data gaps and scientific uncertainty present 

16 resource managers with significant challenges in im17 plementing the Marine Mammal Protection Act of 

18 1972 (16 U.S.C. 1361 et seq.) the Endangered Spe19 cies Act of 1973 (16 U.S.C. 1531 et seq.), and the 

20 National Environmental Policy Act of 1969 (42 

21 U.S.C. 4321 et seq.); 

22 (6) funding has been insufficient to support all 

23 of the research required to fully understand and 

24 properly conserve and manage marine mammal pop25 ulations; 


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1 (7) in particular, in a recent report to Congress 

2 the Marine Mammal Commission recommended the 

3 establishment of a research program, the initial goal 

4 of which is to improve understanding of anthropo5 genic sound, its biologically significant effects on 

6 marine mammals and marine ecosystems, and effec7 tive means for mitigating and monitoring those ef8 fects; 

9 (8) understanding marine mammals through re10 search is essential for using the oceans wisely and 

11 protecting marine living resources, and the United 

12 States should maintain its world leadership in ma13 rine mammal science and oceanography as one key 

14 to its competitive future; and 

15 (9) the Marine Mammal Commission estab16 lished under section 201 of the Marine Mammal 

17 Protection Act of 1972 (16 U.S.C. 1401) has re18 search and management responsibilities under that 

19 Act that make it the appropriate entity to admin20 ister a marine mammal research program. 

21 SEC. 3. NATIONAL MARINE MAMMAL RESEARCH PROGRAM. 

22 (a) ESTABLISHMENT OF PROGRAM.—Title II of the 

23 Marine Mammal Protection Act of 1972 (16 U.S.C. 1401 

24 et seq.) is amended— 


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1 (1) by inserting after the title heading the fol2 lowing: 

3 ‘‘Subtitle A—General Provisions’’; 

4 and 

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

6 ‘‘Subtitle B—Marine Mammal 

7 Research 

8 ‘‘SEC. 221. NATIONAL MARINE MAMMAL RESEARCH PRO9 GRAM. 

10 ‘‘(a) ESTABLISHMENT.—The Commission shall es11 tablish a program to be known as the ‘National Marine 

12 Mammal Research Program’. 

13 ‘‘(b) PURPOSES.—The purposes of the program are 

14 as follows: 

15 ‘‘(1) To undertake research to improve the Na16 tion’s understanding of marine mammals, the fac17 tors, natural and human related, that affect and 

18 threaten the health of their populations and habi19 tats, and the means of mitigating those effects to 

20 ensure marine mammal conservation. 

21 ‘‘(2) To coordinate and strengthen scientific re22 search efforts in support of those goals by— 

23 ‘‘(A) identifying and developing partner24 ships among Federal agencies, academia, indus25 try, and other members of the oceanographic 


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1 and marine mammal scientific communities in 

2 the areas of data collection, research, resource 

3 management public education, and communica4 tion; and 

5 ‘‘(B) reporting annually to Congress on the 

6 program. 

7 ‘‘(c) DUTIES.—The Commission shall— 

8 ‘‘(1) prescribe such policies and procedures nec9 essary to implement the Research Program; 

10 ‘‘(2) implement and support the Research Co11 ordinating Committee, established under section 

12 222; 

13 ‘‘(3) supervise the performance of duties by the 

14 Program Office established under subsection (d); 

15 ‘‘(4) prepare an annual report to Congress on 

16 research undertaken and benefits thereof; and 

17 ‘‘(5) conduct periodic program reviews. 

18 ‘‘(d) AUTHORITIES.—The Commission shall have the 

19 authority, within the limits of available appropriations, to 

20 do all things necessary to carry out the provisions of this 

21 section, including the authority to— 

22 ‘‘(1) enter into contracts, make grants, or enter 

23 other arrangements as may be necessary for the pur24 pose of implementing the Research Program and 

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1 ordinating Committee established under section 

2 222— 

3 ‘‘(A) with any agency or instrumentality of 

4 the United States, with any State, territory, or 

5 possession or any political subdivision thereof, 

6 or with any person, firm, association, corpora7 tion, or educational institution; 

8 ‘‘(B) with or without reimbursement; 

9 ‘‘(C) without performance or other bonds; 

10 and 

11 ‘‘(D) without regard to section 3709 of the 

12 Revised Statutes (41 U.S.C. 5); 

13 ‘‘(2) accept and use the services of voluntary 

14 and uncompensated personnel necessary for the con15 duct of the work of the Research Program and pro16 vide transportation and subsistence as authorized by 

17 section 5703 of title 5, United States Code, for per18 sons serving without compensation; and 

19 ‘‘(3) prescribe such rules and regulations as it 

20 determines necessary governing the operation and 

21 organization of the Research Program. 

22 ‘‘(e) NATIONAL MARINE MAMMAL RESEARCH PRO23 GRAM OFFICE.— 

24 ‘‘(1) ESTABLISHMENT.—The Commission shall 

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1 gram Office for the Research Program. The Com2 mission shall use competitive procedures in selecting 

3 an operator for the Program Office. 

4 ‘‘(2) DUTIES.—The Commission shall assign 

5 the following duties to the Program Office: 

6 ‘‘(A) Work with the Commission and the 

7 Research Coordinating Committee to draft the 

8 program announcement, identify proposal selec9 tion criteria, organize and conduct an inde10 pendent peer review of the proposals, and rec11 ommend to the Commission and Research Co12 ordinating Committee projects and funding allo13 cations for implementation under the Research 

14 Program. 

15 ‘‘(B) Manage the process for soliciting pro16 posals for research, including managing peer re17 view of such projects, subject to oversight and 

18 approval by the Commission and the Research 

19 Coordinating Committee. 

20 ‘‘(C) Submit an annual report on the sta21 tus of all projects and activities of the office, 

22 for review by the Research Coordinating Com23 mittee and final approval and release by the 

24 Commission. 


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1 ‘‘(D) Undertake any additional duties for 

2 the administration of the Research Program 

3 that the Commission or the Research Coordi4 nating Committee considers appropriate. 

5 ‘‘(f) ANNUAL REPORT.—The Commission shall trans6 mit to Congress an annual report on progress made in 

7 implementing this subtitle. The report shall contain the 

8 following: 

9 ‘‘(1) A description of activities of the Research 

10 Program carried out during the preceding fiscal 

11 year, with a list of the members of the Research Co12 ordinating Committee and any subcommittees in ex13 istence during the fiscal year. 

14 ‘‘(2) A general outline of the activities planned 

15 or conducted for the Research Program during the 

16 fiscal year for which the report is prepared. 

17 ‘‘(3) A description of the involvement of the Re18 search Program with Federal interagency coordi19 nating entities. 

20 ‘‘(4) The programs, projects, and activities of 

21 the Research Program and the estimated expendi22 tures under such programs, projects, and activities 

23 during the subsequent fiscal year. 


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1 ‘‘SEC. 222. NATIONAL MARINE MAMMAL RESEARCH CO2 ORDINATING COMMITTEE. 

3 ‘‘(a) COMMITTEE.—The President, after consultation 

4 with the Commission, shall create a National Marine 

5 Mammal Research Coordinating Committee. 

6 ‘‘(b) MEMBERSHIP.— 

7 ‘‘(1) IN GENERAL.—The Research Coordinating 

8 Committee shall be composed of representatives of 

9 the following with experience relevant to the pur10 poses of this subtitle: 

11 ‘‘(A) The Secretary of the Navy. 

12 ‘‘(B) The Administrator of the National 

13 Oceanic and Atmospheric Administration. 

14 ‘‘(C) The Director of the National Science 

15 Foundation. 

16 ‘‘(D) The Administrator of the National 

17 Aeronautics and Space Administration. 

18 ‘‘(E) The Administrator of the Environ19 mental Protection Agency. 

20 ‘‘(F) The Commandant of the Coast 

21 Guard. 

22 ‘‘(G) The Director of the United States 

23 Fish and Wildlife Service. 

24 ‘‘(H) The Director of the United States 

25 Geological Survey. 


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1 ‘‘(I) The Director of the Minerals Manage2 ment Service. 

3 ‘‘(J) The President of the National Acad4 emy of Sciences. 

5 ‘‘(K) The Director of the Office of Science 

6 and Technology Policy. 

7 ‘‘(L) The Director of the Office of Man8 agement and Budget. 

9 ‘‘(M) The Executive Director of the Com10 mission. 

11 ‘‘(N) One member appointed by the Re12 search Coordinating Committee from among in13 dividuals who will represent the views of ocean 

14 industries with expertise in marine mammal bi15 ology, marine ecology, oceanography, or marine 

16 policy. 

17 ‘‘(O) One member appointed by the Re18 search Coordinating Committee from among in19 dividuals who will represent the views of State 

20 governments with expertise in marine mammal 

21 biology, marine ecology, oceanography, or ma22 rine policy. 

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1 demia with expertise in marine mammal biol2 ogy, marine ecology, oceanography, or marine 

3 policy. 

4 ‘‘(Q) One member appointed by the Re5 search Coordinating Committee from among in6 dividuals who will represent the views of the 

7 marine conservation community with expertise 

8 in marine mammal biology, marine ecology, 

9 oceanography, or marine policy. 

10 ‘‘(R) One member appointed by the Re11 search Coordinating Committee from among in12 dividuals who will represent such other views as 

13 the chairman of such committee considers ap14 propriate. 

15 ‘‘(2) FACA.—The Federal Advisory Committee 

16 Act (5 App. U.S.C.) shall not apply to the Research 

17 Coordinating Committee. 

18 ‘‘(3) LIMITATION ON SERVICE ON COMMITTEE

19 OF SCIENTIFIC ADVISORS ON MARINE MAMMALS.—A 

20 member of the Research Coordinating Committee 

21 may not simultaneously serve as a member of the 

22 Committee of Scientific Advisors on Marine Mam23 mals established under section 203. 

24 ‘‘(c) CHAIRMAN AND VICE CHAIRMAN.—The Execu25 tive Director of the Marine Mammal Commission shall be 


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1 the chairman of the Research Coordinating Committee 

2 and the Administrator of the National Oceanic and At3 mospheric Administration shall be the vice chairman of 

4 the Research Coordinating Committee. The chairman may 

5 create subcommittees chaired by the representative of any 

6 member agency of the Research Coordinating Committee 

7 to, among other tasks, receive advice, input, or comments 

8 from experts on the national marine mammal research 

9 plan developed under section 223. 

10 ‘‘(d) TERM OF OFFICE.—The term of office of a 

11 member of the Research Coordinating Committee ap12 pointed under subparagraph (N), (O), (P), (Q), or (R) of 

13 subsection (b)(1) shall be 3 years, except that any member 

14 appointed to fill a vacancy occurring before the expiration 

15 of the term for which the member’s predecessor was ap16 pointed shall be appointed for the remainder of such term. 

17 ‘‘(e) RESPONSIBILITIES.—The Research Coordi18 nating Committee shall have the following responsibilities: 

19 ‘‘(1) Develop a national marine mammal re20 search plan under section 223. 

21 ‘‘(2) Facilitate cooperation among Federal 

22 agencies and departments with respect to marine 

23 mammal research. 


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1 ‘‘(3) Revise as necessary and approve the pro2 gram announcement developed by the Program Of3 fice. 

4 ‘‘(4) Estimate, to the extent practicable, Fed5 eral funding needed for marine mammal research ac6 tivities to be conducted under the Plan. 

7 ‘‘(5) Review and revise, at a minimum every 3 

8 years or as necessary the marine mammal research 

9 plan. 

10 ‘‘(f) CONTRACT AND GRANT AUTHORITY.— 

11 ‘‘(1) IN GENERAL.—The Federal departments 

12 and agencies involved in the Research Coordinating 

13 Committee may participate in interagency financing 

14 and share, transfer, receive, obligate, and expend 

15 funds appropriated to any Federal participant on 

16 the Research Coordinating Committee for the pur17 poses of carrying out any administrative or pro18 grammatic project or activity under this subtitle, in19 cluding support for the Program Office and the Re20 search Program. Funds may be transferred among 

21 such departments and agencies through an appro22 priate instrument that specifies the goods, services, 

23 or space being acquired from another Research Co24 ordinating Committee member and the costs of the 

25 same. 


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1 ‘‘(2) VOLUNTEERS AND GIFTS, DEVISES, AND

2 BEQUESTS.—For the purposes of carrying out this 

3 subtitle the Commission may accept, solicit, and use 

4 the services of volunteers, and may accept, solicit, 

5 receive, hold, administer, and use gifts, devises, and 

6 bequests. 

7 ‘‘(g) NATIONAL RESEARCH COUNCIL EVALUATION.— 

8 The chairman of the Research Coordinating Committee 

9 shall seek to enter into an agreement with the National 

10 Research Council under which the National Research 

11 Council shall periodically evaluate the scientific content of 

12 the Plan and the implementation of the research con13 ducted under the Research Program and provide informa14 tion and advice obtained from United States and inter15 national sources and recommendations for priorities for 

16 future marine mammal research. 

17 ‘‘(h) PUBLIC PARTICIPATION.—The Executive Direc18 tor of the Commission shall publish the Plan, and any re19 vision thereof, in the Federal Register for a public com20 ment period of not less than 60 days. 

21 ‘‘SEC. 223. NATIONAL MARINE MAMMAL RESEARCH PLAN. 

22 ‘‘The Research Coordinating Committee shall develop 

23 within one year after the date of enactment of this subtitle 

24 a comprehensive 5-year national marine mammal research 

25 plan to— 


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1 ‘‘(1) improve understanding of marine mam2 mals, their health, and their role in the marine envi3 ronment; 

4 ‘‘(2) characterize the impact of human-related 

5 activities on marine mammals, at the individual, 

6 population, and ecosystem levels; 

7 ‘‘(3) evaluate existing conservation, mitigation, 

8 and monitoring measures; 

9 ‘‘(4) develop more effective management meas10 ures for marine mammals; and 

11 ‘‘(5) identify critical research gaps and uncer12 tainties, establish research priorities, and estimate 

13 the budgets needs for each of the priorities. 

14 ‘‘SEC. 224. DEFINITIONS. 

15 ‘‘In this subtitle: 

16 ‘‘(1) PLAN.—The term ‘Plan’ means the na17 tional marine mammal research plan developed 

18 under section 223. 

19 ‘‘(2) PROGRAM.—The term ‘Program’ means 

20 the National Marine Mammal Research Program es21 tablished under section 221(a). 

22 ‘‘(3) PROGRAM OFFICE.—The term ‘Program 

23 Office’ means the National Marine Mammal Re24 search Program Office established under section 

25 221(f). 


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1 ‘‘(4) RESEARCH COORDINATING COMMITTEE.— 

2 The term ‘Research Coordinating Committee’ means 

3 the National Marine Mammal Research Coordi4 nating Committee created under section 222(a). 

5 ‘‘SEC. 225. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘In addition to amounts otherwise authorized to be 

7 appropriated, there is to be authorized to be appropriated 

8 to the Commission to implement this subtitle $25,000,000 

9 for each of fiscal years 2008, 2009, 2010, 2011, and 

10 2012.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 in the first section of such Act is amended— 

13 (1) by inserting after the item for the heading 

14 for title II the following: 

‘‘Subtitle A—General Provisions’’; 

15 and 

16 (2) by adding at the end of the items for title 

17 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.’’. 

Æ 


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