[Senate Report 110-508]
[From the U.S. Government Publishing Office]
110th Congress
2d Session SENATE Report
110-508
_______________________________________________________________________
Calendar No. 1091
NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2008
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 3160
September 25 (legislative day September 17), 2008.--Ordered to be
printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
second session
DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West KAY BAILEY HUTCHISON, Texas
Virginia TED STEVENS, Alaska
JOHN F. KERRY, Massachusetts JOHN McCAIN, Arizona
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK L. PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS R. CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri ROGER F. WICKER, Mississippi
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 1091
110th Congress Report
SENATE
2d Session 110-508
======================================================================
NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2008
_______
September 25 (legislative day, September 17), 2008.--Ordered to be
printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 3160]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3160) to reauthorize and amend
the National Sea Grant College Program Act, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 3160, the National Sea Grant College
Program Amendments Act of 2008, is to reauthorize the National
Sea Grant College Program Act and strengthen the National Sea
Grant Program to promote integrated research, education,
training, and extension service activities related to ocean,
coastal, and Great Lakes resources.
Background and Needs
The National Sea Grant College Program Act of 1966 created
the National Sea Grant College Program (Sea Grant), modeled
after the existing Land Grant College System. Sea Grant is a
partnership between the National Oceanic and Atmospheric
Administration (NOAA), universities, coastal and Great Lakes
states, industry, and 300 partner institutions that addresses
national, regional, and local coastal, ocean, and Great Lakes
issues. Sea Grant produces a wide range of applied and basic
scientific research and provides education, training, and
technical assistance programs that promote the understanding
and utilization of ocean, coastal, and Great Lakes resources.
The National Sea Grant College Program Act has been
reauthorized nine times, most recently in 2002.
The National Sea Grant Office (NSGO) within NOAA provides
oversight for the individual state programs, coordinates
national competitions and initiatives, and directs regional
collaboration between individual state programs. The NSGO has
identified four national priorities affecting all coastal and
Great Lakes areas. These national priorities are: (1) Healthy
coastal ecosystems; (2) sustainable coastal development; (3)
safe and sustainable seafood supply; and (4) hazard resilience
in coastal communities. Sea Grant aims to increase their
partnerships throughout the NOAA and with other government and
non-government agencies to address these issues. Regional
collaboration is an important component of Sea Grant's efforts
to address national priorities, which often extend beyond
individual state borders.
The NSGO is responsible for the establishment of new Sea
Grant programs. Establishing a Sea Grant College program is a
sequential process that occurs over a period of time. The NSGO
first provides funding for a specific project or series of
projects. Programs that have demonstrated success in research
and outreach over time through these projects are eligible to
become Sea Grant Institutes. Once an Institute has developed
solid partnerships with Federal, state, and local governments
and other stakeholders and demonstrated the ability to obtain
matching funds it can be elevated to the level of a Sea Grant
College. Sea Grant Colleges have broad responsibilities for
state, regional, and national activities and engage all of the
institutions of higher learning in a state. Currently there are
32 university-based programs including Sea Grant Colleges and
Sea Grant Institutes that represent every coastal and Great
Lakes state, as well as the territory of Puerto Rico.
The NSGO benefits from the advisory services of the Sea Grant
Review Panel. The Review Panel is an independent committee
consisting of 15 members from academia and industry with
expertise in the fields where Sea Grant works. The Review Panel
was established by legislation in 1976 to review research
directives of state programs and to advise the Secretary of
Commerce and the Director of the NSGO regarding grant
proposals, national priorities, and the designation and
operation of Sea Grant programs.
The 2002 reauthorization of the National Sea Grant College
Program Act called for a National Research Council (NRC) report
on the process by which individual Sea Grant programs were
being evaluated. The report, ``Evaluation of the Sea Grant
Program Review Process,'' was released in 2006. The NRC report
recommended strengthening planning and coordination at the
national and individual program level and improving the program
evaluation process. The NRC report recommended that the NSGO
evaluate programs based on their successes in meeting the
objectives of individual, state specific strategic plans.
The National Sea Grant College Program Act Amendments of 2002
created a new system that ranked programs according to their
relative performance and further required that a portion of the
funding they receive be based on the programs' relative
rankings. Programs are divided into five categories based on
their performance with each category receiving a different
level of merit funding. Currently, no more than 25 percent of
the programs can be placed within each of the two best
performing categories, which receive the highest levels of
merit funding. This ranking system had the unintended
consequence of increasing competition and decreasing
cooperation between programs.
Additionally, the NRC report highlighted the lack of NSGO
oversight and evaluation of the state programs and called for
the NSGO and the Review Panel to carry out meaningful, ongoing
assessments of the individual programs. The NRC report also
called for increased strategic planning at the national and
program level.
Summary of Provisions
The National Sea Grant College Program Amendments Act of 2008
would reauthorize the National Sea Grant College Program Act
through fiscal year (FY) 2014. The bill would place an
increased emphasis on collaboration among state Sea Grant
programs, specifically at the regional level.
The bill would replace the current rating system. Programs
would be evaluated based on metrics related to their strategic
plans that incorporate local, regional, and national
priorities. Merit funding would be allocated according to the
ability of each program to meet the objectives of its own
strategic plan.
The bill would exempt five percent of grants from requiring a
33 and 1/3 percent match from external funds. Under current
law, the NSGO can exempt one percent of Federal funding from
this match requirement. This change would allow for increased
cooperative efforts with other offices within the NOAA as well
as with other Federal agencies. Additionally, the National Sea
Grant College Program Amendments Act of 2008 would exempt Dean
John A. Knauss Marine Policy Fellowships from this matching
requirement. This fellowship places current and recent graduate
students in fields related to ocean, coastal, and Great Lakes
resources in positions throughout the legislative and executive
branch of the government. Sea Grant does not have to provide
matching funds for fellows placed in the executive branch
because they are considered special grants that are already
exempted from this requirement. However, the state Sea Grant
programs do have to procure matching funds for fellows placed
in the legislative branch, which diverts funds away from that
state's programming. The exemption for legislative fellows will
allow for both fellowship types to be viewed equally by the
NSGO and the state programs.
The National Sea Grant College Program Amendments Act of 2008
would elevate the Review Panel to the status of an Advisory
Board. This change in status would expand the responsibilities
of the Review Panel allowing for increased oversight over the
program to strengthen planning and coordination and ensure that
efforts are consistent with national objectives.
Finally, the bill would authorize appropriations of $100
million for FY 2009, $105 million for FY 2010, $110 million for
FY 2011, $115 million for FY 2012, $120 million for FY 2013,
and $125 million for FY 2014. Increased appropriations would be
used to increase regional and interagency coordination, provide
for the growth of small and new programs, provide additional
funding for the NSGO, and allow for the program as a whole to
sustain ongoing research, education, and outreach efforts.
Legislative History
S. 3160 was introduced in the Senate on June 19, 2008, by
Senator Inouye and is co-sponsored by Senators Stevens,
Cantwell, Snowe, and Kerry. The bill was referred to the
Committee on Commerce, Science, and Transportation. On June 24,
2008, the Committee considered the bill in an open executive
session. The Committee, without objection, ordered S. 3160
reported.
Staff assigned to this legislation are Kristen Sarri,
Democratic Professional Staff, and Todd Bertoson, Republican
Senior Counsel.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 1, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3160, the National
Sea Grant College Program Amendments Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Tyler
Kruzich.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
S. 3160--National Sea Grant College Program Amendments Act of 2008
Summary: S. 3160 would authorize funding for the national
sea grant program, which is administered by the National
Oceanic and Atmospheric Administration (NOAH). Assuming
appropriation of the authorized amounts, CBO estimates that
spending for the program from those appropriations would total
$445 million over the 2009-2013 period. An additional $230
million would be spent after 2013, including $125 million
authorized to be appropriated. for 2014. Enacting S. 3160 would
not affect direct spending or revenues.
S. 3160 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3160 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 100 105 110 115 120 550
Estimated Outlays....................................... 30 82 106 111 116 445
----------------------------------------------------------------------------------------------------------------
Basis of estimate: S. 3160 would authorize the
appropriation of $675 million, including $550 million over the
2009-2013 period and $125 million for fiscal year 2014, for the
national sea grant program. Those amounts would be used by NOAA
for grants, fellowships, and related administrative functions
under the program. For this estimate, CBO assumes that all
amounts authorized by S. 3160 will be appropriated near the
start of each fiscal year and that outlays will follow
historical spending patterns for the sea grants program. In
2008, $57 million was appropriated for this program.
Intergovernmental and private-sector impact: S. 3160
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The bill would benefit public universities
by reauthorizing the national sea grant college program, which
provides grants to improve marine resource conservation,
management, and utilization. Any costs state, local, or tribal
governments might incur, including matching funds, would result
from complying with conditions of aid.
Previous estimate: On May 6, 2008, CBO transmitted a cost
estimate for H.R. 5618, the National Sea Grant College Program
Amendments Act of 2008 as ordered reported by the House
Committee on Natural Resources on April 30, 2008. On June 27,
2008, CBO transmitted a cost estimate for H.R. 5618 as ordered
reported by the House Committee on Science and Technology on
June 25, 2008. Both of those versions of the bill would
authorize the appropriation of $389 million over the 2009-2013
period and $100 million, in 2004, while S. 3160 would authorize
the appropriation of $550 million and $125 million respectively
over the same periods.
Estimate prepared by: Federal Cost: Tyler Kruzith; Impact
on State, Local, and Tribal Governments: Neil Hood; Impact on
the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The reported bill would not authorize any new regulations and
therefore will not subject any individuals or businesses to new
regulations.
ECONOMIC IMPACT
The bill, as reported, is expected to have a positive impact
on the nation's economy by benefitting public universities and
improving marine resource conservation, management, and
utilization.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
The reported bill would not increase paperwork requirements
for the private sector. The bill would require the National Sea
Grant Advisory Panel to produce a biennial report on the state
of the National Sea Grant College Program.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that the
bill does not contain any congressionally directed spending
items under the rule.
Section-by-Section Analysis
Section 1. Short title
This section would title the Act as the ``National Sea Grant
College Program Amendments Act of 2008.''
Section 2. References
This section would clarify that amendments and repeals in
this Act are made to the National Sea Grant College Program Act
(33 U.S.C. 1121 et seq.).
Section 3. Findings and purposes
This section would amend the findings and purposes section of
the National Sea Grant College Program Act to address the
importance of preparing for, mitigating, responding to, and
recovering from coastal hazards and understanding global
environmental processes and their impacts on ocean, coastal,
and Great Lakes resources; to highlight the importance of
investing in a program that provides integrated research and
extension services; to increase focus on the need to manage
ocean, coastal, and Great Lakes resources; and to encourage
work with both research and outreach personnel at academic
institutions.
Section 4. Definitions
This section would amend the National Sea Grant College
Program Act to define the term ``regional research and
information plans'' as plans developed by one or more Sea Grant
Colleges or Sea Grant Institutes that identify regional
priorities. This section also would amend the National Sea
Grant College Program Act to replace the term ``advisory
services'' with ``extension services'' within the definition of
``project.''
Section 5. National Sea Grant College Program
This section would direct the Secretary of Commerce to
provide support for national and regional projects, bringing
increased focus to regional efforts. This section would remove
the need for approval of these projects by the Review Panel and
require that the Advisory Board be consulted. This section
would require the Director of the National Sea Grant College
Program (Director) to evaluate and assess the performance of
Sea Grant Colleges and Institutes and replace the system that
required ranking the programs under strict guidelines with a
merit-based evaluation process. This section also would require
the Director to encourage collaboration among Sea Grant
Colleges and Institutes and ensure successful implementation of
Sea Grant programs.
Section 6. Program or project grants and contracts
This section would exempt 5 percent of grants, rather than 1
percent under current law, from requiring a 33 and \1/3\
percent match from external funds. Dean John A. Knauss Marine
Policy Fellowships would be excluded from this requirement.
Section 7. Extension services by Sea Grant Colleges and Sea Grant
Institutes
This section would replace the term ``advisory services''
with ``extension services'' in section 207(a) of the National
Sea Grant College Program Act regarding designation of Sea
Grant Colleges and Institutes.
Section 8. Technical correction relating to fellowships
This section would clarify that Dean John A. Knauss Marine
Policy Fellowships would be excluded from requiring a 33 and
\1/3\ percent match from external funds.
Section 9. National Sea Grant Advisory Board
This section would redesignate the Sea Grant Review Panel as
an Advisory Board and require the Board to advise the Secretary
of Commerce and the Director of the National Sea Grant College
Program regarding national priorities and the designation of
Sea Grant Colleges and Institutes, and to provide the Congress
with a report on the status of the program every two years.
Current membership would not be affected by the transformation
of the Review Panel to an Advisory Board. This section also
would allow for one year extensions of the terms of Board
members. This section would allow experts in coastal management
to be considered for positions on the Board. This section would
authorize the formation of subcommittees, which could include
individuals who are not Board members. Finally, this section
would define the term ``Board'' to be the National Sea Grant
Advisory Board established under this section.
Section 10. Authorization of appropriations
This section would authorize appropriations of $100 million
for FY 2009, $105 million for FY 2010, $110 million for FY
2011, $115 million for FY 2012, $120 million for FY 2013, and
$125 million for FY 2014. This section also would require that
funds that exceed amounts appropriated in FY 2003 be used to
provide additional funding to programs according to their
performance assessments, for regional and national strategic
investments, for the designation of new Sea Grant Colleges and
Institutes, and for the building up of recently designated
programs.
Section 11. Repeal of annual coordination report requirement
This section would repeal the requirement for a joint report
by the Under Secretary of Commerce for Oceans and Atmosphere
and the Director of the National Science Foundation.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
NATIONAL SEA GRANT COLLEGE PROGRAM ACT
SEC. 202. CONGRESSIONAL DECLARATION OF POLICY.
[33 U.S.C. 1121]
(a) Findings.--The Congress finds and declares the following:
(1) The national interest requires a strategy to--
(A) provide for the understanding and wise
use of ocean, coastal, and Great Lakes
resources and the environment;
(B) foster economic competitiveness;
(C) promote public stewardship and wise
economic development of the coastal ocean and
its margins, the Great Lakes, and the exclusive
economic zone;
[(D) encourage the development of forecast
and analysis systems for coastal hazards;
[(E) understand global environmental
processes; and]
(D) encourage the development of preparation,
forecast, analysis, mitigation, response, and
recovery systems for coastal hazards;
(E) understand global environmental processes
and their impacts on ocean, coastal, and Great
Lakes resources; and
(F) promote domestic and international
cooperative solutions to ocean, coastal, and
Great Lakes issues.
(2) Investment in a strong [program of research,
education,] program of integrated research, education,
extension, training, technology transfer, and public
service is essential for this strategy.
(3) The expanding use and development of ocean,
coastal, and Great Lakes resources resulting from
growing coastal area populations and the increasing
pressures on the coastal and Great Lakes environment
challenge the ability of the United States to manage
such resources wisely.
(4) The vitality of the Nation and the quality of
life of its citizens depend increasingly on the
understanding, assessment, development, [utilization]
management, and conservation of ocean, coastal, and
Great Lakes resources. These resources supply food,
energy, and minerals and contribute to human health,
the quality of the environment, national security, and
the enhancement of commerce.
(5) The understanding, assessment, development,
[utilization] management, and conservation of such
resources require a broad commitment and an intense
involvement on the part of the Federal Government in
continuing partnership with State and local
governments, private industry, universities,
organizations, and individuals concerned with or
affected by ocean, coastal, and Great Lakes resources.
[(6) The National Oceanic and Atmospheric
Administration, through the national sea grant college
program, offers the most suitable locus and means for
such commitment and involvement through the promotion
of activities that will result in greater such
understanding, assessment, development, utilization,
and conservation. The most cost-effective way to
promote such activities is through continued and
increased Federal support of the establishment,
development, and operation of programs and projects by
sea grant colleges, sea grant institutes, and other
institutions, including strong collaborations between
Administration scientists and scientists at academic
institutions.]
(6) The National Oceanic and Atmospheric
Administration, through the national sea grant college
program, offers the most suitable locus and means for
such commitment and engagement through the promotion of
activities that will result in greater such
understanding, assessment, development, management, and
conservation of ocean, coastal, and Great Lakes
resources. The most cost-effective way to promote such
activities is through continued and increased Federal
support of the establishment, development, and
operation of programs and projects by sea grant
colleges, sea grant institutes, and other institutions,
including strong collaborations between Administration
scientists and research and outreach personnel at
academic institutions.
(b) Objective.--The objective of this title is to increase
the understanding, assessment, development, [utilization]
management, and conservation of the Nation's ocean, coastal,
and Great Lakes resources by providing assistance to promote a
strong educational base, responsive research and training
activities, broad and prompt dissemination of knowledge and
techniques, and multidisciplinary approaches to environmental
problems.
(c) Purpose.--It is the purpose of the Congress to achieve
the objective of this title by extending and strengthening the
national sea grant program, initially established in 1966, [to
promote research, education, training, and advisory service
activities] to promote integrated research, education,
training, and extension services and activities in fields
related to ocean, coastal, and Great Lakes resources.
SEC. 203. DEFINITIONS.
[33 U.S.C. 1122]
As used in this title--
(1) The term ``Administration'' means the National
Oceanic and Atmospheric Administration.
(2) The term ``Director'' means the Director of the
national sea grant college program, appointed pursuant
to section 204(b).
(3) the term ``director of a sea grant college''
means a person designated by his or her institution to
direct a sea grant college or sea grant institute.
(4) The term ``field related to ocean, coastal, and
Great Lakes resources'' means any discipline or field,
including marine affairs, resource management,
technology, education, or science, which is concerned
with or likely to improve the understanding,
assessment, development, [utilization,] management, or
conservation of ocean, coastal, or Great Lakes
resources.
(5) The term ``institution'' means any public or
private institution of higher education, institute,
laboratory, or State or local agency.
(6) The term ``includes'' and variants thereof should
be read as if the phrase ``but is not limited to'' were
also set forth.
(7) The term ``ocean, coastal, and Great Lakes
resources'' means the resources that are located in,
derived from, or traceable to, the seabed, subsoil, and
waters of--
(A) the coastal zone, as defined in section
304(1) of the Coastal Zone Management Act (16
U.S.C. 1453(1));
(B) the Great Lakes;
(C) Lake Champlain (to the extent that such
resources have hydrological, biological,
physical, or geological characteristics and
problems similar or related to those of the
Great Lakes);
(D) the territorial sea;
(E) the exclusive economic zone;
(F) the Outer Continental Shelf;
(G) the high seas.
(8) The term ``resource'' means--
(A) living resources (including natural and
cultured plant life, fish, shellfish, marine
mammals, and wildlife);
(B) nonliving resources (including energy
sources, minerals, and chemical substances);
(C) the habitat of a living resource, the
coastal space, the ecosystems, the nutrient-
rich areas, and the other components of the
marine environment that contribute to or
provide (or which are capable of contributing
to or providing) recreational, scenic,
esthetic, biological, habitational, commercial,
economic, or conservation values; and
(D) man-made, tangible, intangible, actual,
or potential resources.
[(9) The term ``panel'' means the sea grant review
panel established under section 209.]
(9) The term ``Board'' means the National Sea Grant
Advisory Board established under section 209.
(10) The term ``person'' means any individual; any
public or private corporation, partnership, or other
association or entity (including any sea grant college,
sea grant institute or other institution); or any
State, political subdivision of a State, or agency or
officer thereof.
(11) The term ``project'' means any individually
described activity in a field related to ocean,
coastal, and Great Lakes resources involving research,
education, training, or [advisory services] extension
services administered by a person with expertise in
such a field.
(12) The term ``sea grant college'' means any
institution, or any association or alliance of two or
more such institutions, designated as such by the
Secretary under section 207 [(33 U.S.C. 1126)] of this
Act.
(13) The term ``sea grant institute'' means any
institution, or any association or alliance of two or
more such institutions, designated as such by the
Secretary under section 207 [(33 U.S.C. 1126)] of this
Act.
(14) The term ``sea grant program'' means a program
of research and outreach which is administered by one
or more sea grant colleges or sea grant institutes.
(15) The term ``Secretary'' means the Secretary of
Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere.
(16) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Mariana Islands, or any other
territory or possession of the United States.
(17) The term ``regional research and information
plan'' means a plan developed by one or more sea grant
colleges or sea grant institutes that identifies
regional priorities.
SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.
[33 U.S.C. 1123]
(a) Program Maintenance.--The Secretary shall maintain within
the Administration a program to be known as the national sea
grant college program. The national sea grant college program
shall be administered by a national sea grant office within the
Administration.
(b) Program Elements.--The national sea grant college program
shall consist of the financial assistance and other activities
authorized in this title, and shall provide support for the
following elements--
[(1) sea grant programs which comprise a national sea
grant college program network, including international
projects conducted within such programs;
[(2) administration of the national sea grant college
program and this title by the national sea grant
office, the Administration, and the panel;]
(1) sea grant programs that comprise a national sea
grant college program network, including international
projects conducted within such programs and regional
and national projects conducted among such programs;
(2) administration of the national sea grant college
program and this title by the national sea grant office
and the Administration;''; and
(3) the fellowship program under section 208; and
[(4) any national strategic investments in fields
relating to ocean, coastal, and Great Lakes resources
developed with the approval of the panel, the sea grant
colleges, and the sea grant institutes.]
(4) any regional or national strategic investments in
fields relating to ocean, coastal, and Great Lakes
resources developed in consultation with the Board and
with the approval of the sea grant colleges and the sea
grant institutes.
(c) Responsibilities of the Secretary.--
(1) The Secretary, in consultation with the [panel]
Board, sea grant colleges, and sea grant institutes,
shall develop at least every 4 years a strategic plan
that establishes priorities for the national sea grant
college program, provides an appropriately balanced
response to local, regional, and national needs, and is
reflective of integration with the relevant portions of
the strategic plans of the Department of Commerce and
of the Administration.
(2) [Within 6 months of the date of enactment of the
National Sea Grant College Program Reauthorization Act
of 1998, the] The Secretary, in consultation with the
[panel] Board, sea grant colleges, and sea grant
institutes, shall establish guidelines related to the
activities and responsibilities of sea grant colleges
and sea grant institutes. Such guidelines shall include
requirements for the conduct of merit review by the sea
grant colleges and sea grant institutes of proposals
for grants and contracts to be awarded under section
205, providing, at a minimum, for standardized
documentation of such proposals and peer review of all
research projects.
(3) The Secretary shall by regulation prescribe the
qualifications required for designation of sea grant
colleges and sea grant institutes under section 207.
(4) To carry out the provisions of this title, the
Secretary may--
(A) appoint, assign the duties, transfer, and
fix the compensation of such personnel as may
be necessary, in accordance with civil service
laws;
(B) make appointments with respect to
temporary and intermittent services to the
extent authorized by section 3109 of title 5,
United States Code;
(C) publish or arrange for the publication
of, and otherwise disseminate, in cooperation
with other offices and programs in the
Administration and without regard to section
501 of title 44, United States Code, any
information of research, educational, training
or other value in fields related to ocean,
coastal, or Great Lakes resources;
(D) enter into contracts, cooperative
agreements, and other transactions without
regard to section 5 of title 41, United States
Code;
(E) notwithstanding section 1342 of title 31,
United States Code, accept donations and
voluntary and uncompensated services;
(F) accept funds from other Federal
departments and agencies, including agencies
within the Administration, to pay for and add
to grants made and contracts entered into by
the Secretary; and
(G) promulgate such rules and regulations as
may be necessary and appropriate.
(d) Director of the National Sea Grant College Program.--
(1) The Secretary shall appoint, as the Director of
the National Sea Grant College Program, a qualified
individual who has appropriate administrative
experience and knowledge or expertise in fields related
to ocean, coastal, and Great Lakes resources. The
Director shall be appointed and compensated, without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service, at a rate payable under section 5376 of title
5, United States Code.
(2) Subject to the supervision of the Secretary, the
Director shall administer the national sea grant
college program and oversee the operation of the
national sea grant office. In addition to any other
duty prescribed by law or assigned by the Secretary,
the Director shall--
(A) facilitate and coordinate the development
of a [long-range] strategic plan under
subsection (c)(1);
(B) advise the Secretary with respect to the
expertise and capabilities which are available
within or through the national sea grant
college program and encourage the use of such
expertise and capabilities, on a cooperative or
other basis, by other offices and activities
within the Administration, and other Federal
departments and agencies;
(C) advise the Secretary on the designation
of sea grant colleges and sea grant institutes,
and, if appropriate, on the termination or
suspension of any such designation; and
(D) encourage the establishment and growth of
sea grant programs, and cooperation and
coordination with other Federal activities in
fields related to ocean, coastal, and Great
Lakes resources.
(3) With respect to sea grant colleges and sea grant
institutes, the Director shall--
[(A)(i) evaluate] (A) evaluate and assess the
performance of the programs of sea grant
colleges and sea grant institutes, using the
priorities, guidelines, and qualifications
established by the Secretary under subsection
(c), and determine which of the programs are
the best managed and carry out the highest
quality research, education, extension, and
training [activities; and] activities;
[(ii) rate the programs according to their
relative performance (as determined under
clause (i)) into no less than 5 categories,
with each of the 2 best-performing categories
containing no more than 25 percent of the
programs;]
(B) subject to the availability of
appropriations, allocate funding among sea
grant colleges and sea grant institutes so as
to--
(i) promote healthy competition among
sea grant colleges and institutes;
(ii) encourage collaborations among
sea grant colleges and sea grant
institutes to address regional and
national priorities established under
subsection (c)(1);
[(ii)] (iii) [encourage] ensure
successful implementation of sea grant
programs;
[(iii)] (iv) to the maximum extent
consistent with other provisions of
this Act, provide a stable base of
funding for sea grant colleges and
institutes; and
[(iv)] (v) encourage and promote
coordination and cooperation between
the research, education, and outreach
programs of the Administration and
those of academic institutions; and
(C) ensure compliance with the guidelines for
merit review under subsection (c)(2).
SEC. 205. PROGRAM OR PROJECT GRANTS AND CONTRACTS.
[33 U.S.C. 1124]
(a) Authorization; Purposes; Limitation on Amount.--The
Secretary may make grants and enter into contracts under this
subsection to assist any sea grant program or project if the
Secretary finds that such program or project will--
(1) implement the objective set forth in section
202(b); and
(2) be responsive to the needs or problems of
individual [States or regions.] States, regions, or the
Nation.
The total amount paid pursuant to any such grant or
contract may equal 66 2/3 percent, or any lesser
percent, of the total cost of the sea grant program or
project involved; except that this limitation shall not
apply in the case of grants or contracts paid for with
funds accepted by the Secretary under section
204(c)(4)(F).
(b) Special Grants; Maximum Amount; Prerequisites.--The
Secretary may make special grants under this subsection to
implement the objective set forth in section 202(b). The amount
of any such grant may equal 100 percent, or any lesser percent,
of the total cost of the project involved. No grant may be made
under this subsection unless the Secretary finds that--
(1) no reasonable means is available through which
the applicant can meet the matching requirement for a
grant under subsection (a);
(2) the probable benefit of such project outweighs
the public interest in such matching requirement; and
(3) the same or equivalent benefit cannot be obtained
through the award of a contract or grant under
subsection (a).
[The total amount which may be provided for grants
under this subsection during any fiscal year shall not
exceed an amount equal to 1 percent of the total funds
appropriated for such year pursuant to section 212.]
The total amount that may be provided for grants
under this subsection and subsection 208(b) during any
fiscal year shall not exceed an amount equal to 5
percent of the total funds appropriated for such year
under section 212.
(c) Eligibility and Procedure.--Any person may apply to the
Secretary for a grant or contract under this section.
Application shall be made in such form and manner, and with
such content and other submissions, as the Secretary shall by
regulation prescribe. The Secretary shall act upon each such
application within 6 months after the date on which all
required information is received.
(d) Terms and Conditions.--
(1) Any grant made, or contract entered into, under
this section shall be subject to the limitations and
provisions set forth in paragraphs (2), (3), and (4)
and to such other terms, conditions, and requirements
as the Secretary deems necessary or appropriate. Terms,
conditions, and requirements imposed by the Secretary
under this paragraph shall minimize any requirement of
prior Federal approval.
(2) No payment under any grant or contract under this
section may be applied to--
(A) the purchase or rental of any land; or
(B) the purchase, rental, construction,
preservation, or repair of any building, dock,
or vessel; except that payment under any such
grant or contract may be applied to the short-
term rental of buildings or facilities for
meetings which are in direct support of any sea
grant program or project and may, if approved
by the Secretary, be applied to the purchase,
rental, construction, preservation, or repair
of non-self-propelled habitats, buoys,
platforms, and other similar devices or
structures, or to the rental of any research
vessel which is used in direct support of
activities under any sea grant program or
project.
(3) The total amount which may be obligated for
payment pursuant to grants made to, and contracts
entered into with, persons under this section within
any one State in any fiscal year shall not exceed an
amount equal to 15 percent of the total funds
appropriated for such year pursuant to section 212.
(4) Any person who receives or utilizes any proceeds
of any grant or contract under this section shall keep
such records as the Secretary shall by regulation
prescribe as being necessary and appropriate to
facilitate effective audit and evaluation, including
records which fully disclose the amount and disposition
by such recipient of such proceeds, the total cost of
the program or project in connection with which such
proceeds were used, and the amount, if any, of such
cost which was provided through other sources. Such
records shall be maintained for 3 years after the
completion of such a program or project. The Secretary
and the Comptroller General of the United States, or
any of their duly authorized representatives, shall
have access, for the purpose of audit and evaluation,
to any books, documents, papers, and records of
receipts which, in the opinion of the Secretary or of
the Comptroller General, may be related or pertinent to
such grants and contracts.
SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
[33 U.S.C. 1126]
(a) Designation.--
(1) A sea grant college or sea grant institute shall
meet the following qualifications--
(A) have an existing broad base of competence
in fields related to ocean, coastal, and Great
Lakes resources;
(B) make a long-term commitment to the
objective in section 202(b), as determined by
the Secretary;
(C) cooperate with other sea grant colleges
and institutes and other persons to solve
problems or meet needs relating to ocean,
coastal, and Great Lakes resources;
(D) have received financial assistance under
section 205 of this title (33 U.S.C. 1124);
(E) be recognized for excellence in fields
related to ocean, coastal, and Great Lakes
resources (including marine resources
management and science), as determined by the
Secretary; and
(F) meet such other qualifications as the
Secretary, in consultation with the [panel]
Board, considers necessary or appropriate.
(2) The Secretary may designate an institution, or an
association or alliance of two or more such
institutions, as a sea grant college if the
institution, association, or alliance--
(A) meets the qualifications in paragraph
(1); and
(B) maintains a program of research,
[advisory services] extension services,
training, and education in fields related to
ocean, coastal, and Great Lakes resources.
(3) The Secretary may designate an institution, or an
association or alliance of two or more such
institutions, as a sea grant institute if the
institution, association, or alliance--
(A) meets the qualifications in paragraph
(1); and
(B) maintains a program which includes, at a
minimum, research and [advisory services]
extension services.
(b) Existing Designees.--Any institution, or association or
alliance of two or more such institutions, designated as a sea
grant college or awarded institutional program status by the
Director prior to the date of enactment of the National Sea
Grant College Program Reauthorization Act of 1998, shall not
have to reapply for designation as a sea grant college or sea
grant institute, respectively, after the date of enactment of
the National Sea Grant College Program Reauthorization Act of
1998, if the Director determines that the institution, or
association or alliance of institutions, meets the
qualifications in subsection (a).
(c) Suspension or Termination of Designation.--The Secretary
may, for cause and after an opportunity for hearing, suspend or
terminate any designation under subsection (a).
(d) Duties.--Subject to any regulations prescribed or
guidelines established by the Secretary, it shall be the
responsibility of each sea grant college and sea grant
institute--
(1) to develop and implement, in consultation with
the Secretary and the [panel] Board, a program that is
consistent with the guidelines and priorities
established under section 204(c); and
(2) to conduct a merit review of all proposals for
grants and contracts to be awarded under section 205.
(e) Annual Report on Progress.--
(1) Report requirement.--The Secretary shall report
annually to the Committee on Resources and the
Committee on Science of the House of Representatives,
and to the Committee on Commerce, Science, and
Transportation of the Senate, on efforts and progress
made by colleges, universities, institutions,
associations, and alliances to become designated under
this section as sea grant colleges or sea grant
institutes, including efforts and progress made by sea
grant institutes in being designated as sea grant
colleges.
(2) Territories and freely associated states.--The
report shall include description of--
(A) efforts made by colleges, universities,
associations, institutions, and alliances in
United States territories and freely associated
States to develop the expertise necessary to be
designated as a sea grant institute or sea
grant college;
(B) the administrative, technical, and
financial assistance provided by the Secretary
to those entities seeking to be designated; and
(C) the additional actions or activities
necessary for those entities to meet the
qualifications for such designation under
subsection (a)(1).
SEC. 208. FELLOWSHIPS.
[33 U.S.C. 1127]
(a) In General.--To carry out the educational and training
objectives of this Act, the Secretary shall support a program
of fellowships for qualified individuals at the graduate and
postgraduate level. The fellowships shall be related to ocean,
coastal, and Great Lakes resources and awarded pursuant to
guidelines established by the Secretary. The Secretary shall
strive to ensure equal access for minority and economically
disadvantaged students to the program carried out under this
subsection. [Not later than 1 year after the date of the
enactment of the National Sea Grant College Program Act
Amendments of 2002, and every 2 years thereafter,] Every 2
years, the Secretary shall submit a report to the Congress
describing the efforts by the Secretary to ensure equal access
for minority and economically disadvantaged students to the
program carried out under this subsection, and the results of
such efforts.
(b) Dean John A. Knauss Marine Policy Fellowship.--The
Secretary may award marine policy fellowships to support the
placement of individuals at the graduate level of education in
fields related to ocean, coastal and Great Lakes resources in
positions with the executive and legislative branches of the
United States Government. A fellowship awarded under this
subsection shall be for a period of not more than 1 year and is
not subject to Federal cost share requirements.
SEC. 209. SEA GRANT REVIEW PANEL.
[33 U.S.C. 1128]
[(a) Establishment; Commencement Date.--There shall be
established an independent committee to be known as the sea
grant review panel.]
SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.
(a) Establishment.--There shall be an independent committee
to be known as the National Sea Grant Advisory Board.
[(b) Duties.--The panel shall advise the Secretary and the
Director concerning--
[(1) applications or proposals for, and performance
under, grants and contracts awarded under section 205;
[(2) the sea grant fellowship program;
[(3) the designation and operation of sea grant
colleges and sea grant institutes, and the operation of
sea grant programs;
[(4) the formulation and application of the planning
guidelines and priorities under section 204(a) and
(c)(1); and
[(5) such other matters as the Secretary refers to
the [panel] Board for review and advice.
[The Secretary shall make available to the [panel]
Board such information, personnel, and administrative
services and assistance as it may reasonably require to
carry out its duties.]
(b) Duties.--
(1) In general.--The Board shall advise the Secretary
and the Director concerning--
(A) strategies for utilizing the sea grant
college program to address the Nation's highest
priorities regarding the understanding,
assessment, development, management, and
conservation of ocean, coastal, and Great Lakes
resources;
(B) the designation of sea grant colleges and
sea grant institutes; and
(C) such other matters as the Secretary
refers to the Board for review and advice.
(2) Biennial report.--The Board shall report to the
Congress every two years on the state of the national
sea grant college program. The Board shall indicate in
each such report the progress made toward meeting the
priorities identified in the strategic plan in effect
under section 204(c). The Secretary shall make
available to the Board such information, personnel, and
administrative services and assistance as it may
reasonably require to carry out its duties under this
title.
(c) Membership, Terms, and Powers.--
(1) The [panel] Board shall consist of 15 voting
members who shall be appointed by the Secretary. The
Director and a director of a sea grant program who is
elected by the various directors of sea grant programs
shall serve as nonvoting members of the [panel] Board.
Not less than 8 of the voting members of the [panel]
Board shall be individuals who, by reason of knowledge,
experience, or training, are especially qualified in
one or more of the disciplines and fields included in
marine science. The other voting members shall be
individuals who, by reason of knowledge, experience, or
training, are especially qualified in, or
representative of, education, marine affairs and
resource management, coastal management, extension
services, State government, industry, economics,
planning, or any other activity which is appropriate
to, and important for, any effort to enhance the
understanding, assessment, development, [utilization,]
management, or conservation of ocean, coastal, and
Great Lakes resources. No individual is eligible to be
a voting member of the [panel] Board if the individual
is (A) the director of a sea grant college or sea grant
institute; (B) an applicant for, or beneficiary (as
determined by the Secretary) of, any grant or contract
under section 205; or (C) a full-time officer or
employee of the United States.
[(2) The term of office of a voting member of the
panel shall be 3 years for a member appointed before
the date of enactment of the National Sea Grant College
Program Act Amendments of 2002, and 4 years for a
member appointed or reappointed after the date of
enactment of the National Sea Grant College Program Act
Amendments of 2002. The Director may extend the term of
office of a voting member of the panel appointed before
the date of enactment of the National Sea Grant College
Program Act Amendments of 2002 by up to 1 year. At
least once each year, the Secretary shall publish a
notice in the Federal Register soliciting nominations
for membership on the panel.]
(2) The term of office of a voting member of the
Board shall be 4 years. The Director may extend the
term of office of a voting member of the Board once by
up to 1 year.
(3) Any individual appointed to a partial or full
term may be reappointed for one additional full term. A
voting member may serve after the date of the
expiration of the term of office for which appointed
until his or her successor has taken office.
(4) The [panel] Board shall select one voting member
to serve as the Chairman and another voting member to
serve as the Vice Chairman. The Vice Chairman shall act
as Chairman in the absence or incapacity of the
Chairman.
(5) Voting members of the [panel] Board shall--
(A) receive compensation at a rate
established by the Secretary, not to exceed the
maximum daily rate payable under section 5376
of title 5, United States Code, when actually
engaged in the performance of duties for such
[panel] Board; and
(B) be reimbursed for actual and reasonable
expenses incurred in the performance of such
duties.
(6) The [panel] Board shall meet on a biannual basis
and, at any other time, at the call of the Chairman or
upon the request of a majority of the voting members or
of the Director.
(7) The [panel] Board may exercise such powers as are
reasonably necessary in order to carry out its duties
under subsection (b).
(8) The Board may establish such subcommittees as are
reasonably necessary to carry out its duties under
subsection (b). Such subcommittees may include
individuals who are not Board members.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
[33 U.S.C. 1131]
(a) Authorization.--
[(1) In general.--There are authorized to be
appropriated to the Secretary to carry out this title--
[(A) $60,000,000 for fiscal year 2003;
[(B) $75,000,000 for fiscal year 2004;
[(C) $77,500,000 for fiscal year 2005;
[(D) $80,000,000 for fiscal year 2006;
[(E) $82,500,000 for fiscal year 2007; and
[(F) $85,000,000 for fiscal year 2008.]
(1) In general.--There are authorized to be
appropriated to the Secretary to carry out this title--
(A) $100,000,000 for fiscal year 2009;
(B) $105,000,000 for fiscal year 2010;
(C) $110,000,000 for fiscal year 2011;
(D) $115,000,000 for fiscal year 2012;
(E) $120,000,000 for fiscal year 2013; and
(F) $125,000,000 for fiscal year 2014.
(2) Priority activities.--In addition to the amounts
authorized under paragraph (1), there are authorized to
be appropriated for each of fiscal years 2003 through
2008--
(A) $5,000,000 for competitive grants for
university research on the [biology and control
of zebra mussels and other important aquatic]
biology, prevention, and control of aquatic
nonnative species;
(B) $5,000,000 for competitive grants for
university research on oyster diseases, oyster
restoration, and oyster-related human health
risks;
(C) $5,000,000 for competitive grants for
university research on the biology, prevention,
and forecasting of harmful algal [blooms,
including Pfiesteria piscicida; and] blooms;
and
(D) $3,000,000 for competitive grants for
fishery extension activities conducted by sea
grant colleges or sea grant institutes to
enhance, and not supplant, existing core
program funding.
(b) Limitations.--
(1) Administration.--There may not be used for
administration of programs under this title in a fiscal
year more than 5 percent of the lesser of--
(A) the amount authorized to be appropriated
under this title for the fiscal year; or
(B) the amount appropriated under this title
for the fiscal year.
(2) Use for other offices or programs.--Sums
appropriated under the authority of subsection (a)(2)
shall not be available for administration of this title
by the National Sea Grant Office, for any other
Administration or department program, or for any other
administrative expenses.
(c) Distribution of Funds.--In any fiscal year in which the
appropriations made under subsection (a)(1) exceed the amounts
appropriated for fiscal year 2003 for the purposes described in
such subsection, the Secretary shall distribute any excess
amounts (except amounts used for the administration of the sea
grant program) to any combination of the following:
(1) sea grant programs, according to their [rating
under section 204(d)(3)(A)] performance assessments;
[(2) national strategic investments authorized under
section 204(b)(4);]
(2) regional or national strategic investments
authorized under section 204(b)(4);
(3) a college, university, institution, association,
or alliance for activities that are necessary for it to
be designated as a sea grant college or sea grant
institute; and
(4) a sea grant college or sea grant institute
designated after the date of enactment of the National
Sea Grant College Program Act Amendments of 2002 but
not yet evaluated under section 204(d)(3)(A).
(d) Availability of Sums.--Sums appropriated pursuant to this
section shall remain available until expended.
(e) Reversion of Unobligated Amounts.--The amount of any
grant, or portion of a grant, made to a person under any
section of this Act that is not obligated by that person during
the first fiscal year for which it was authorized to be
obligated or during the next fiscal year thereafter shall
revert to the Secretary. The Secretary shall add that reverted
amount to the funds available for grants under the section for
which the reverted amount was originally made available.
NATIONAL SEA GRANT COLLEGE PROGRAM ACT AMENDMENTS OF 2002
[SEC. 9. REPORT ON COORDINATION OF OCEANS AND COASTAL RESEARCH
ACTIVITIES.
[[33 U.S.C. 857-20]
[Not later than February 15 of each year, the Under Secretary
of Commerce for Oceans and Atmosphere and the Director of the
National Science Foundation shall jointly submit to the
Committees on Resources and Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on how the oceans and
coastal research activities of the National Oceanic and
Atmospheric Administration, including the Coastal Ocean Program
and the National Sea Grant College Program, and of the National
Science Foundation will be coordinated during the fiscal year
following the fiscal year in which the report is submitted. The
report shall describe in detail any overlapping ocean and
coastal research interests between the agencies and specify how
such research interests will be pursued by the programs in a
complementary manner.]