IB
Union Calendar No. 468
103D CONGRESS
2D SESSION
H. R. 4236
[Report No. 103–850]
To establish a National Undersea Research Program within the National
Oceanic and Atmospheric Administration.
IN THE HOUSE OF REPRESENTATIVES
APRIL 18, 1994
Mr. ORTIZ (for himself, Mr. WELDON, Mr. FIELDS of Texas, Mr. GENE
GREEN of Texas, Mr. LAUGHLIN, Mr. ANDREWS of Texas, Mr. WASHING-
TON, Mr. ROSE, and Mr. GEJDENSON) introduced the following bill;
which was referred to the Committee on Merchant Marine and Fisheries
OCTOBER 7, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 18, 1994]
A BILL
To establish a National Undersea Research Program within
the National Oceanic and Atmospheric Administration.
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 Undersea
Research Program Act of 1994’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘Administration’’ means the National Oce-
anic and Atmospheric Administration;
(2) ‘‘Center’’ means any National Undersea Re-
search Center in existence on the day before the date
of enactment of this Act or established under section
5;
(3) ‘‘Center Director’’ means the Director of any
National Undersea Research Center;
(4) ‘‘Committee’’ means the National Undersea
Research Advisory Committee established under sec-
tion 4;
(5) ‘‘Office’’ means the Office of Undersea Re-
search established by section 3(d)(1);
(6) ‘‘priority research area’’ means any of the
priority research areas set forth in section 3(f)(1), as
those areas may be revised by the Under Secretary
under section 3(f)(2);
(7) ‘‘Program’’ means the National Undersea Re-
search Program established under section 3;
(8) ‘‘Program Director’’ means the Director of
the National Undersea Research Program appointed
pursuant to section 3(d)(2);
(9) ‘‘undersea region’’ means each of—
(A) the United States Northern Atlantic re-
gion, comprised of the coastal and oceanic waters
and seabed north of Montauk, New York, and off
Maine, New Hampshire, Massachusetts, Rhode
Island, and Connecticut;
(B) the Mid-Atlantic Bight region, com-
prised of the coastal and oceanic waters and sea-
bed south of Montauk, New York, and off New
York, New Jersey, Pennsylvania, Delaware,
Maryland, and Virginia;
(C) the United States Southern Atlantic re-
gion, comprised of the coastal and oceanic waters
and seabed off North Carolina, South Carolina,
Georgia, and the Atlantic coast of Florida (in-
cluding the Florida Keys);
(D) the Gulf of Mexico region, comprised of
the coastal and oceanic waters and seabed of the
Gulf of Mexico off Florida, Alabama, Mis-
sissippi, Louisiana, and Texas;
(E) the Great Lakes region, comprised of
the waters and lake beds of the Great Lakes;
(F) the California region, comprised of the
coastal and oceanic waters and seabed off Cali-
fornia;
(G) the United States Northeast Pacific re-
gion, comprised of the coastal and oceanic waters
and seabed off Oregon, Washington, and Alaska;
(H) the Western Pacific region, comprised
of the coastal and oceanic waters and seabed off
Hawaii, Johnston Island, Guam, American
Samoa, and the Northern Mariana Islands, and
other Western Pacific waters and seabed relevant
to the purpose of the Program;
(I) the Caribbean region, comprised of the
coastal and oceanic waters and seabed off Puerto
Rico, the United States Virgin Islands, and other
tropical and subtropical waters and seabed rel-
evant to the purposes of the Program; and
(J) any other undersea region resulting
from a modification under section 3(e)(5);
(10) ‘‘undersea research’’ means scientific re-
search carried out in the oceans or large lakes of the
world, using advanced underwater technology includ-
ing diving, underwater observatories and laboratories,
research submersibles, remotely operated vehicles, au-
tonomous vehicles, and any other research techniques
necessary to carry out the provisions of this Act; and
(11) ‘‘Under Secretary’’ means the Under Sec-
retary of Commerce for Oceans and Atmosphere.
SEC. 3. ESTABLISHMENT AND ADMINISTRATION OF NA-
TIONAL UNDERSEA RESEARCH PROGRAM.
(a) PROGRAM ESTABLISHMENT AND MAINTENANCE.—
The Under Secretary shall establish and maintain in the
Administration a program to be known as the ‘‘National
Undersea Research Program’’.
(b) PROGRAM PURPOSE.—The purpose of the Program
shall be to enhance scientific understanding of processes in
the oceans and large lakes of the world, by—
(1) developing, maintaining, and carrying out
undersea research programs;
(2) investigating, developing, and applying tech-
nology for undersea research; and
(3) developing new approaches to undersea tech-
nology transfer and marine science education.
(c) NATIONAL UNDERSEA RESEARCH CENTERS.—The
Program shall be conducted by the National Undersea Re-
search Centers established pursuant to section 5(a).
(d) OFFICE OF UNDERSEA RESEARCH.—
(1) ESTABLISHMENT.—There is established in
the Administration the Office of Undersea Research.
(2) PROGRAM DIRECTOR.—The head of the Office
and Program Officer of the National Undersea Re-
search Program is the Director of the National Un-
dersea Research Program, who shall be appointed by
the Under Secretary from among individuals with ex-
tensive knowledge and expertise in undersea research
and having appropriate administrative experience.
(e) DUTIES OF PROGRAM DIRECTOR.—Subject to the
supervision of the Under Secretary, the Program Director
shall carry out only the following duties:
(1) Facilitating and supporting the activities of
Centers.
(2) Establishing guidelines for the submission
and review of proposals from the Centers and propos-
als from individual researchers that are submitted to
the Centers for research under the Program.
(3) Making grants and entering into contracts
and cooperative agreements under section 8 to ad-
vance knowledge in the priority research areas
through the Centers.
(4) Supporting the Memorandum of Agreement
Concerning Support of a National Academic Deep
Submergence Facility for Scientific Use.
(5) Modifying undersea regions as necessary and
appropriate.
(6) Any other duty specifically assigned to the
Program Director by this Act.
(f) PRIORITY RESEARCH AREAS.—
(1) IN GENERAL.—The Under Secretary may use
amounts appropriated for the Program to fund re-
search, including long-term studies, within the follow-
ing priority research areas:
(A) 
Oceanic, 
coastal, 
estuarine, 
and
limnological processes.
(B) Pathways and fates of materials in the
oceans and large lakes.
(C) Diversity, distribution, productivity,
and recruitment of organisms, including com-
mercially valuable species, with respect to habi-
tat characteristics in the oceans and large lakes.
(D) Global change processes.
(E) Ocean lithosphere processes and mineral
resources.
(F) Undersea research platform and instru-
ment technology.
(G) Diving safety, physiology, and tech-
nology.
(H) Studies under section 21(e) of the Outer
Continental 
Shelf 
Lands 
Act 
(43 
U.S.C.
1347(e)).
(2) REVISION OF PRIORITY AREAS.—Upon the
recommendation of the Committee, the Under Sec-
retary may, after public comment, revise the priority
research areas under paragraph (1).
SEC. 4. ADVISORY COMMITTEE.
(a) ESTABLISHMENT
OF COMMITTEE.—The Under
Secretary shall establish an independent advisory commit-
tee to be known as the ‘‘National Undersea Research Advi-
sory Committee’’.
(b) COMPOSITION.—
(1) IN GENERAL.—The Committee shall consist
of 9 members appointed by the Under Secretary from
individuals who are eminent professional scientists or
engineers and active in at least one priority research
area, of whom 2 members shall be appointed from in-
dividuals nominated by Center Directors. The Under
Secretary shall complete appointments under this
paragraph by not later than 6 months after the date
of the enactment of this Act.
(2) BALANCE.—In appointing members of the
Committee, the Under Secretary shall seek to ensure
balanced representation of—
(A) priority research areas,
(B) disciplines related to priority research
areas, and
(C) geographic regions of the United States.
(3) PROHIBITION ON APPOINTMENTS.—Except as
provided in paragraph (4), no member of the Com-
mittee may be an employee of a Center or of the Ad-
ministration.
(4) EX
OFFICIO
MEMBERS
OF
THE
COMMIT-
TEE.—The Chief Scientist of the Administration shall
be a nonvoting ex officio member of the Committee.
(c) DUTIES.—The Committee shall—
(1) advise the Under Secretary and the Program
Director concerning—
(A) the quality of research performed with
grants awarded under this Act, including the ap-
plicability of such research to the priority re-
search areas;
(B) the designation, establishment, and op-
eration of Centers;
(C) the modification of undersea regions;
(D) the need to revise the priority research
areas; and
(E) any other matter that the Under Sec-
retary refers to the Committee for review and ad-
vice, or that the Committee considers appro-
priate; and
(2) carry out any other duty specifically as-
signed to the Committee by this Act.
(d) TERM OF MEMBERSHIP.—
(1) IN GENERAL.—Subject to paragraph (2), the
term of membership on the Committee shall be 3
years.
(2) INITIAL
APPOINTMENTS.—Of the members
first appointed to the Committee—
(A) 3 members shall serve a term of 1 year;
(B) 3 members shall serve a term of 2 years;
and
(C) 3 members shall serve a term of 3 years;
as specified by the Under Secretary at the time of ap-
pointment.
(3) TERM
LIMITATION.—No individual may
serve consecutive terms as a member of the Commit-
tee.
(e) COMPENSATION.—Members of the Committee, while
performing official duties as members of the Committee, are
entitled to receive compensation for travel and transpor-
tation expenses under section 5703 of title 5, United States
Code.
(f) CHAIRPERSON.—The members of the Committee
shall select annually from among the voting members of the
Committee an individual who shall serve as Chairperson
of the Committee. No member of the Committee may serve
more than 2 annual terms as Chairperson.
(g) CONDUCT
OF BUSINESS.—The Committee shall
conduct its business according to the majority vote of those
members present at a meeting of the Committee.
(h) PUBLIC PARTICIPATION.—The following guidelines
apply to the conduct of business by the Committee:
(1) Each meeting shall be open to the public, and
interested persons shall be permitted an opportunity
to present oral or written statements on items on the
agenda.
(2) Timely notice of each meeting, including the
time, place, and agenda, shall be published in the
Federal Register and copies sent to all Center Direc-
tors.
(i) EXEMPTION.—The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Committee.
SEC. 5. ESTABLISHMENT OF NATIONAL UNDERSEA RE-
SEARCH CENTERS.
(a) ASSIGNMENT OF EXISTING REGIONS AND ESTAB-
LISHMENT OF NEW CENTERS.—
(1) ASSIGNMENT OF REGIONS TO EXISTING CEN-
TERS.—There are assigned to the Centers in existence
on the day before the date of the enactment of this Act
undersea regions, as follows:
(A) The Western Pacific region is assigned
to the Hawaii Undersea Research Laboratory.
(B) The United States Northeast Pacific
and California regions are assigned to the West
Coast National Undersea Research Center at the
University of Alaska-Fairbanks.
(C) The United States Northern Atlantic
and Great Lakes regions are assigned to the Na-
tional Undersea Research Center at the Univer-
sity of Connecticut at Avery Point.
(D) The Mid-Atlantic Bight region is as-
signed to the New York Bight National Undersea
Research Center.
(E) The United States Southern Atlantic
region is assigned to the National Undersea Re-
search Center at the University of North Caro-
lina at Wilmington.
(F) The Caribbean region is assigned to the
National Undersea Research Center at the Carib-
bean Marine Research Center.
(G) The Gulf of Mexico region is assigned
to a new center to be established pursuant to sub-
section (f).
(2) ESTABLISHMENT
OF
NEW
CENTERS.—The
Under Secretary may establish a new Center to im-
plement the Program for any undersea region at an
institution of higher education or oceanographic re-
search located in a State bordering the region—
(A) if there is a clearly demonstrated, sci-
entific need for such a Center;
(B) if there are adequate funds available for
the establishment of the Center;
(C) after reviewing each proposal submitted
under subsection (b) with respect to that region;
and
(D) if the Committee concurs in the selec-
tion of that institution.
(3) LIMITATION.—The Under Secretary may not
establish a new Center for an undersea region if the
expenditure of amounts for that Center would result
in any reduction of amounts available for expenditure
for any other undersea region.
(b) SOLICITATION
OF PROPOSALS
FOR NEW CEN-
TERS.—
(1) IN GENERAL.—The Under Secretary may so-
licit proposals for the establishment of a new Center
under subsection (a)(2) from institutions of higher
education or oceanographic research.
(2) PROPOSAL
REQUIREMENTS.—A proposal
under this subsection shall consist of—
(A) a proposed science program;
(B) a program management plan;
(C) a description of the facilities of the in-
stitution at which the new Center is proposed to
be established;
(D) a description of relevant capabilities of
that institution;
(E) an operational safety plan;
(F) mechanisms for information transfer;
(G) a budget for the proposed Center; and
(H) any other information the Under Sec-
retary considers necessary.
(c) REVIEW OF PROPOSALS.—The Under Secretary
and the Committee shall review each proposal submitted
under subsection (b) on the basis of—
(1) relevance of the proposal to priority research
areas; and
(2) the capability of the applicant institution to
administer and direct research in those areas.
(d) CENTER DIRECTOR.—Each institution at which a
Center is established under this section may select, in con-
sultation with the Office, an individual who shall be the
Center Director of that Center.
(e) 6-YEAR REVIEW OF CENTERS AND REGIONS.—
(1) IN GENERAL.—Every 6 years the Under Sec-
retary and the Committee shall jointly review—
(A) the operation of each Center, except that
in the case of a Center in existence on the day
before the date of the enactment of this Act, the
first review of the Center shall be completed by
not later than the date which is 5 years after
that date of enactment; and
(B) the configuration of undersea regions to
determine whether those regions meet scientific
needs for research in priority research areas.
(2) CONTENT OF REVIEW.—A review under this
subsection shall consist of—
(A) an evaluation of the quality of the re-
search conducted at the Center under the Pro-
gram and the applicability of the research to the
priority research areas, including consideration
of the reviews conducted under section 6(c);
(B) recommendations for changes in the sci-
entific research program and the operation of the
Center, that are considered beneficial by the
Committee and the Under Secretary;
(C) a determination of whether the contin-
ued operation of the Center will increase knowl-
edge in the priority research areas; and
(D) recommendations for the modification
of the undersea regions of the Center.
(3) ESTABLISHMENT OF NEW CENTER AT DIF-
FERENT INSTITUTION.—If the Under Secretary and
the Committee determine as a result of a review
under this subsection that continued operation of a
Center is not warranted, the Under Secretary—
(A) shall provide notification of that deter-
mination to the Center, including a description
of any changes in the operations of the Center
the Under Secretary considers necessary for con-
tinued operation of the Center;
(B) shall after 18 months after providing
that notice, and not later than 2 years after pro-
viding that notice, review the implementation of
those changes by the Center; and
(C) may establish, at a different institution
of higher education or oceanographic research, a
new Center for the same undersea region in ac-
cordance with this section, if the Under Sec-
retary determines as a result of the review under
subparagraph (B) that those changes are not im-
plemented.
(f) NEW CENTER.—
(1) GULF OF MEXICO.—
(A) 
ESTABLISHMENT.—Notwithstanding
subsection (a)(2) and (a)(3), the Under Secretary
shall establish at a qualified public institution a
Center to conduct the Program for the Gulf of
Mexico undersea region, which shall be known as
the ‘‘Gulf of Mexico National Undersea Research
Center’’. The Under Secretary shall establish that
Center no later than 180 days after the date of
enactment of this Act.
(B) DEFINITION.—For the purposes of this
paragraph, the term ‘‘qualified public institu-
tion’’ means a public institution or consortium
of public institutions of higher education—
(i) located directly on the coastline of,
or having direct access to, the Gulf of Mex-
ico, and proximate to the Flower Garden
Banks National Marine Sanctuary;
(ii) with strong undergraduate and
graduate programs in engineering, science,
and technology as they may apply to under-
sea research;
(iii) with nationally recognized pro-
grams in marine science and maritime
studies, including the presence of a degree
granting maritime academy;
(iv) with facilities for maintaining
and operating research and other vessels ap-
propriate for deployment of equipment nec-
essary to conduct undersea research;
(v) with faculty and other personnel
with expertise in undersea research;
(vi) which maintains cooperative insti-
tutional relationships with Federal agencies
responsible for research work in the Gulf of
Mexico and along the Gulf of Mexico coast;
(vii) which participates in cooperative
undersea research programs with Mexico;
and
(viii) which has received funding for
undersea research from the Under Secretary
in the past.
(2) LIMITATION.—In carrying out this sub-
section, the Under Secretary shall not reduce amounts
available for carrying out the Memorandum of Agree-
ment Concerning Support of a National Academic
Deep Submergence Facility for Scientific Use.
SEC. 6. NATIONAL UNDERSEA RESEARCH CENTER RE-
SEARCH PROGRAMS.
(a) INDIVIDUAL RESEARCH PROPOSALS.—
(1) SOLICITATION.—Each Center Director shall
annually solicit individual proposals from the sci-
entific community for research to advance the prior-
ity research areas of the Program. Research under
each proposal shall be primarily conducted within the
undersea region of the Center, but may be conducted
in another undersea region in cooperation with the
Center for that region, or other geographic areas with
the approval of the Program Director. Individual pro-
posals shall adhere to guidelines established by the
Program Director pursuant to section 3(e)(2). Propos-
als under this paragraph may be for multiyear re-
search.
(2) INDIVIDUAL PROPOSAL REVIEW PROCESS.—
(A) IN
GENERAL.—Each individual pro-
posal shall be reviewed by an independent review
panel and by not less than 3 anonymous mail
reviewers. Each independent review panel shall
be composed of not less than 4 individuals with
experience in undersea research appointed by the
Program Director, at least one of whom shall be
a member of the Committee.
(B) PANEL REVIEW.—Each review by an
independent review panel shall—
(i) assess the scientific merit of the in-
dividual research proposal;
(ii) assess the ability of the Center to
carry out the proposed research; and
(iii) the applicability of the proposal
to the priority research areas.
(C) MAIL
REVIEWS.—Each mail review
shall consider—
(i) the scientific merit of the proposal;
and
(ii) the capability of the principal in-
vestigator to carry out or support the pro-
posed research.
(3) ALLOWANCE FOR RESPONSE.—
(A) IN GENERAL.—Subject to any regula-
tion that is issued by the Program Director, a
Center Director shall—
(i) provide to each person who submits
to the Center a proposal under this section
blinded copies of all mail reviews of the pro-
posal conducted under paragraph (2), and
(ii) give the person not more than 14
days to respond to those reviews before ren-
dering any final decision regarding funding
for the proposal.