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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Marine Mam-
mal 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 sub-
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stantial ecological, scientific, socioeconomic, and es-
thetic 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 im-
proved or has declined; 
(4) there is a clear need to better understand, 
evaluate, and mitigate the impacts on marine mam-
mals and other marine species of an array of anthro-
pogenic activities; 
(5) data gaps and scientific uncertainty present 
resource managers with significant challenges in im-
plementing the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1361 et seq.) the Endangered Spe-
cies 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 pop-
ulations; 
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(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 anthropo-
genic sound, its biologically significant effects on 
marine mammals and marine ecosystems, and effec-
tive means for mitigating and monitoring those ef-
fects; 
(8) understanding marine mammals through re-
search is essential for using the oceans wisely and 
protecting marine living resources, and the United 
States should maintain its world leadership in ma-
rine mammal science and oceanography as one key 
to its competitive future; and 
(9) the Marine Mammal Commission estab-
lished under section 201 of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1401) has re-
search and management responsibilities under that 
Act that make it the appropriate entity to admin-
ister 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— 
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(1) by inserting after the title heading the fol-
lowing: 
‘‘Subtitle A—General Provisions’’; 
and 
(2) by adding at the end the following: 
‘‘Subtitle B—Marine Mammal 
Research 
‘‘SEC. 221. NATIONAL MARINE MAMMAL RESEARCH PRO-
GRAM. 
‘‘(a) ESTABLISHMENT.—The Commission shall es-
tablish 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 Na-
tion’s understanding of marine mammals, the fac-
tors, natural and human related, that affect and 
threaten the health of their populations and habi-
tats, and the means of mitigating those effects to 
ensure marine mammal conservation. 
‘‘(2) To coordinate and strengthen scientific re-
search efforts in support of those goals by— 
‘‘(A) identifying and developing partner-
ships among Federal agencies, academia, indus-
try, and other members of the oceanographic 
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and marine mammal scientific communities in 
the areas of data collection, research, resource 
management public education, and communica-
tion; and 
‘‘(B) reporting annually to Congress on the 
program. 
‘‘(c) DUTIES.—The Commission shall— 
‘‘(1) prescribe such policies and procedures nec-
essary to implement the Research Program; 
‘‘(2) implement and support the Research Co-
ordinating 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 pur-
pose of implementing the Research Program and 
carrying out the responsibilities of the Research Co-
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ordinating 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, corpora-
tion, 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 con-
duct of the work of the Research Program and pro-
vide transportation and subsistence as authorized by 
section 5703 of title 5, United States Code, for per-
sons 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 PRO-
GRAM OFFICE.— 
‘‘(1) ESTABLISHMENT.—The Commission shall 
establish a National Marine Mammal Research Pro-
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gram Office for the Research Program. The Com-
mission 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 selec-
tion criteria, organize and conduct an inde-
pendent peer review of the proposals, and rec-
ommend to the Commission and Research Co-
ordinating Committee projects and funding allo-
cations for implementation under the Research 
Program. 
‘‘(B) Manage the process for soliciting pro-
posals for research, including managing peer re-
view of such projects, subject to oversight and 
approval by the Commission and the Research 
Coordinating Committee. 
‘‘(C) Submit an annual report on the sta-
tus of all projects and activities of the office, 
for review by the Research Coordinating Com-
mittee and final approval and release by the 
Commission. 
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‘‘(D) Undertake any additional duties for 
the administration of the Research Program 
that the Commission or the Research Coordi-
nating Committee considers appropriate. 
‘‘(f) ANNUAL REPORT.—The Commission shall trans-
mit 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 Co-
ordinating Committee and any subcommittees in ex-
istence 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 Re-
search Program with Federal interagency coordi-
nating entities. 
‘‘(4) The programs, projects, and activities of 
the Research Program and the estimated expendi-
tures under such programs, projects, and activities 
during the subsequent fiscal year. 
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‘‘SEC. 222. NATIONAL MARINE MAMMAL RESEARCH CO-
ORDINATING 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 pur-
poses 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 Environ-
mental 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. 
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‘‘(I) The Director of the Minerals Manage-
ment Service. 
‘‘(J) The President of the National Acad-
emy of Sciences. 
‘‘(K) The Director of the Office of Science 
and Technology Policy. 
‘‘(L) The Director of the Office of Man-
agement and Budget. 
‘‘(M) The Executive Director of the Com-
mission. 
‘‘(N) One member appointed by the Re-
search Coordinating Committee from among in-
dividuals who will represent the views of ocean 
industries with expertise in marine mammal bi-
ology, marine ecology, oceanography, or marine 
policy. 
‘‘(O) One member appointed by the Re-
search Coordinating Committee from among in-
dividuals who will represent the views of State 
governments with expertise in marine mammal 
biology, marine ecology, oceanography, or ma-
rine policy. 
‘‘(P) One member appointed by the Re-
search Coordinating Committee from among in-
dividuals who will represent the views of aca-
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demia with expertise in marine mammal biol-
ogy, marine ecology, oceanography, or marine 
policy. 
‘‘(Q) One member appointed by the Re-
search Coordinating Committee from among in-
dividuals 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 Re-
search Coordinating Committee from among in-
dividuals who will represent such other views as 
the chairman of such committee considers ap-
propriate. 
‘‘(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 Mam-
mals established under section 203. 
‘‘(c) CHAIRMAN AND VICE CHAIRMAN.—The Execu-
tive Director of the Marine Mammal Commission shall be 
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‘‘(3) Revise as necessary and approve the pro-
gram announcement developed by the Program Of-
fice. 
‘‘(4) Estimate, to the extent practicable, Fed-
eral funding needed for marine mammal research ac-
tivities 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 pur-
poses of carrying out any administrative or pro-
grammatic project or activity under this subtitle, in-
cluding support for the Program Office and the Re-
search Program. Funds may be transferred among 
such departments and agencies through an appro-
priate instrument that specifies the goods, services, 
or space being acquired from another Research Co-
ordinating Committee member and the costs of the 
same. 
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‘‘(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 con-
ducted under the Research Program and provide informa-
tion and advice obtained from United States and inter-
national sources and recommendations for priorities for 
future marine mammal research. 
‘‘(h) PUBLIC PARTICIPATION.—The Executive Direc-
tor of the Commission shall publish the Plan, and any re-
vision thereof, in the Federal Register for a public com-
ment 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— 
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‘‘(1) improve understanding of marine mam-
mals, their health, and their role in the marine envi-
ronment; 
‘‘(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 meas-
ures for marine mammals; and 
‘‘(5) identify critical research gaps and uncer-
tainties, 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 na-
tional marine mammal research plan developed 
under section 223. 
‘‘(2) PROGRAM.—The term ‘Program’ means 
the National Marine Mammal Research Program es-
tablished under section 221(a). 
‘‘(3) PROGRAM
OFFICE.—The term ‘Program 
Office’ means the National Marine Mammal Re-
search Program Office established under section 
221(f). 
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‘‘(4) RESEARCH COORDINATING COMMITTEE.— 
The term ‘Research Coordinating Committee’ means 
the National Marine Mammal Research Coordi-
nating 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.’’. 
Æ 
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