[House Report 105-22]
[From the U.S. Government Publishing Office]
105th Congress Rept. 105-22
HOUSE OF REPRESENTATIVES
1st Session Part 1
_______________________________________________________________________
MARINE RESOURCES REVITALIZATION ACT OF 1997
_______
March 12, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 437]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 437) to reauthorize the National Sea Grant College
Program Act, and for other purposes, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
Purpose of the Bill
The purpose of H.R. 437 is to reauthorize the National Sea
Grant College Program and make changes to the program's
management.
Background and Need for Legislation
The National Sea Grant College Program (Sea Grant) was
established by the National Sea Grant College Act (33 U.S.C.
1121-1131) which was passed in 1966 to improve marine resource
conservation, management, and utilization. The program is
patterned after the Land Grant College Program, which was
created in 1862. Though originally assigned to the National
Science Foundation, Sea Grant has been located within the
National Oceanic and Atmospheric Administration (NOAA) of the
Department of Commerce since the agency was established in
1970. Currently, there are 29 Sea Grant College programs that
represent a network of researchers, educators and marine
advisory agents at over 300 academic institutions.
To be designated a Sea Grant College, the applicant must
demonstrate a record of superior performance in marine resource
programs for a minimum of three years. Designated programs
receive priority in obtaining Federal grants for up to two-
thirds of the total cost of a project. At least one-third of
the cost of projects must come from non-Federal matching funds.
The Sea Grant ``core'' program provides assistance to Sea Grant
Colleges for research, education, and advisory services in
fields related to ocean, coastal and Great Lakes resources.
Authorization for this assistance expired on September 30,
1995, although appropriations have continued.
Research funding is devoted to the development of marine
and freshwater resources and related technology and studies
relevant to the understanding, assessment, development,
utilization or conservation of ocean and coastal and Great
Lakes resources. Education programs include the development and
strengthening of training programs for marine scientists and
technicians as well as education in aquatic sciences for
secondary school students and teachers. Sea Grant Colleges also
provide year-long fellowships to graduate students in marine-
related disciplines. The fellows work with Congressional,
Federal agency or industry sponsors. Marine advisory staff
provide informal education for the general public, technical
advice and instruction in marine-related topics, dissemination
of research findings to user groups, and identification and
communication of local needs and problems to Sea Grant and
other marine-related program managers and researchers.
In addition to the core program, the Act also established
the Sea Grant Review Panel. This panel is made up of 15 members
who have marine science backgrounds or have knowledge and
experience in the fields in which Sea Grant works. The Panel
advises the Secretary of Commerce on matters relating to Sea
Grant. Since 1990, priority oyster disease research has been
separately authorized under the Act. Authorization for that
program expired on September 30, 1995. This program was funded
by the National Marine Fisheries Service until Fiscal Year 1995
when it was transferred to Sea Grant. Funding for zebra mussel
research has also been administered by Sea Grant under an
authorization contained in a separate statute. Though the
Committee has not included a specific separate authorization
for priority oysterdisease research, it believes that this work
is very important and should be continued. The overall program
authorization level assumes that this research will continue.
Sea Grant is funded at $54.3 million in Fiscal Year 1997.
Of that funding, $2.7 million is for administration of the
national program office. In addition to that base funding,
oyster disease research was funded at $1.5 million and zebra
mussel research at $2.3 million. Sea Grant received no
significant increases in funding during the 1980s. If corrected
for inflation, its funding would have to be substantially
increased to restore the program's 1981 purchasing power.
In 1994, the National Research Council's Ocean Studies
Board conducted a review of the Sea Grant program at the
request of NOAA. The review's recommendations included better
defining the roles of the National Sea Grant Office, the Sea
Grant College programs, and the Sea Grant Review Panel, and
streamlining the proposal review and program evaluation
processes. H.R. 437 addresses those recommendations.
The Committee has chosen not to restrict the use of
national initiatives at this time. However, the use of these
initiatives in a manner that diminishes the role of Sea Grant
Colleges is a major concern, and significant oversight will be
exercised in this area. The Committee is particularly concerned
about the growth of national initiatives when the
Administration proposed reductions in the Sea Grant budget. If
the Administration finds worthwhile national initiatives, it
should request adequate funding for these items above the base
funding level of the program.
Committee Action
H.R. 437 was introduced on January 9, 1997, by Congressman
Jim Saxton (R-NJ), Chairman, Subcommittee on Fisheries
Conservation, Wildlife and Oceans; Congressman Don Young (R-
AK), Chairman, Committee on Resources; Congressman Neil
Abercrombie (D-HI), Ranking Minority Member, Subcommittee on
Fisheries Conservation, Wildlife and Oceans; and Congressman
Sam Farr (D-CA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife and Oceans. On February 27,
1997, the Subcommittee held a hearing on H.R. 437, where
testimony was heard from Dr. Ronald C. Baird, Executive
Director, National Sea Grant College Program, Office of Oceanic
and Atmospheric Research, NOAA; Dr. Ronald Dearborn, President,
Sea Grant Association; Dr. Leonard Pietrafesa, Chairman, Board
of Oceans and Atmosphere, National Association of State
Universities and Land Grant Colleges; and Dr. John Toll,
Chairman, Sea Grant Review Panel. On March 5, 1997, the Full
Resources Committee met to consider H.R. 437. The Subcommittee
on Fisheries Conservation, Wildlife and Oceans was discharged
from further consideration of H.R. 437. The bill was then
ordered favorably reported to the House of Representatives
without amendment.
Section-by-Section Analysis
Section 1. Short Title
This Act may be cited as the ``Marine Resources
Revitalization Act of 1997''.
Section 2. Amendment of National Sea Grant College Program Act
Amendments in this Act are to the National Sea Grant
College Program Act (33 U.S.C. 1121 et seq.).
Section 3. Amendments to Definitions
This section amends the National Sea Grant College Program
Act to define the term ``sea grant institution'' to mean any
sea grant college or consortium as well as any institution of
higher education, institute, laboratory, or State or local
agency conducting a sea grant program with monies provided
under the Act. The section also simplifies the definition of
``fields related to ocean, coastal and Great Lakes resources''
by removing specific references to marine science, marine
technology, education, marine affairs and resource management,
economics, sociology, communications, planning, law,
international affairs and public administration. Finally, the
section clarifies that, in reference to this Act and the
National Sea Grant College Act, the Secretary of Commerce acts
through the Under Secretary of Commerce for Oceans and
Atmosphere.
Section 4. Consultations Regarding Long-Range Planning Guidelines and
Priorities and Evaluations
This section amends the National Sea Grant College Program
Act to require the Secretary of Commerce to consult with the
Sea Grant Colleges and the Sea Grant Review Panel when setting
long-range planning guidelines and priorities.
Section 5. Duties of the Director
This section amends section 204 of the National Sea Grant
College Program Act to clarify that the duties of the Director
of the National Sea Grant Office are to:
Advise the Secretary of Commerce on expertise and
capabilities of the Sea Grant Program and on the
designation or termination of Sea Grant institutions;
Promote cooperation and coordination among Sea Grant
and other Federal departments, agencies and
instrumentalities and encourage the formation and
growth of Sea Grant programs;
Evaluate Sea Grant institutions' programs, not review
each specific state program grant; and
Attempt to provide a stable base of funding for each
state program within the limitations of competition and
appropriations.
Section 6. Duties of Sea Grant Institutions
This section amends the National Sea Grant College Program
Act to clarify that Sea Grant institutions are subject to any
regulations or guidelines promulgated by the Secretary
ofCommerce, and requires each Sea Grant institution to consult with the
Secretary and the Sea Grant Review Panel in developing and implementing
its program. The program shall be consistent with the long-range
planning guidelines for the National Sea Grant College Program.
Finally, the section establishes merit review (including peer review)
as the responsibility of the Sea Grant institutions.
Section 7. Repeal of Sea Grant International Program
This section repeals the Sea Grant International Program.
The program has never been funded.
Section 8. Designation of Sea Grant Institutions
This section consolidates and clarifies the requirements
for the designation of Sea Grant Colleges and regional
consortia by amending section 207 of the Sea Grant College
Program Act. It requires the Secretary, within six months of
the date of enactment, to establish guidelines for the conduct
of merit review by Sea Grant institutions. At a minimum, these
guidelines and priorities shall provide for peer review of all
applications for grants or contracts and require standardized
documentation of all peer review.
Section 9. Repeal of Postdoctoral Fellowship Program
This section repeals the Postdoctoral Fellowship Program.
This program has never been funded.
Section 10. Authorization of Appropriations
This section amends the National Sea Grant College Program
Act to reauthorize Sea Grant at $54.3 million for Fiscal Year
1998, $55.4 million in Fiscal Year 1999, and $56.5 million in
Fiscal Year 2000. It also limits administrative spending to no
more than five percent of the amount appropriated for each
fiscal year, and repeals the separate authorization for oyster
disease research.
Section 11. Clerical and Conforming Amendments
This section makes five clerical corrections and two
conforming amendments.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact H.R. 437.
Federal Advisory Committee Statement
The functions of the advisory committee reauthorized in
H.R. 437 are not currently being nor could they be performed by
one or more agencies or by enlarging the mandate of another
existing advisory committee.
Cost of the Legislation
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 437. However, clause 7(d) of that Rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Compliance With House Rule XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
437 does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. Assuming that the sums authorized under the bill
are appropriated, H.R. 437 does authorize additional
discretionary spending, as described in the Congressional
Budget Office report on the bill.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 437.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R. 437
from the Director of the Congressional Budget Office.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 10, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 437, the Marine
Resources Revitalization Act of 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Gary Brown.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
H.R. 437--Marine Resources Revitalization Act of 1997
Summary: H.R. 437 would reauthorize the National Sea Grant
College Program Act and would authorize appropriations of $54.3
million in fiscal year 1998, $55.4 million in fiscal year 1999,
and $56.5 million in fiscal year 2000 to carry out its
contract, grant, fellowship, and administrative functions. The
bill also would cap the program's administrative expenses at 5
percent of appropriations and repeal the sea grant
international program and the postdoctoral fellowship program.
(Those two programs did not receive any funding in 1997.)
Assuming appropriation of the authorized amounts, CBO
estimates that enacting H.R. 437 would result in additional
discretionary spending of $166 million over the 1998-2002
period. The legislation would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
The legislation also does not contain any intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act of 1995.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 437 is shown in the table on the
following page. For the purposes of this estimate, CBO assumes
that all amounts authorized in H.R. 437 would be appropriated
by the start of each fiscal year and that outlays would follow
the historical spending patterns for the sea grant program.
H.R. 437 would authorize appropriations for the National
Sea Grant program at levels that are at or above the 1997
appropriation of $54.3 million. The bill's authorization for
1998 is equal to the 1997 appropriation, while the authorized
levels for 1999 and 2000 are above current funding by $1.1
million and $2.2 million, respectively.
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
Spending under current law:
Budget authority \1\.................................. 54 0 0 0 0 0
Estimated outlays..................................... 54 2 0 0 0 0
Proposed changes:
Authorization level................................... 0 54 55 57 0 0
Estimated outlays..................................... 0 52 55 57 3 0
Spending under H.R. 437:
Authorization level \1\............................... 54 54 55 57 0 0
Estimated outlays..................................... 54 54 55 57 3 0
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year.
The costs of this legislation fall within budget function
300 (natural resources).
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
H.R. 437 contains no mandates as defined in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4), and would
impose no costs on State, local, or tribal governments. Some of
the institutions that would receive funds as a result of this
bill's enactment are public agencies and universities. Under
current law, institutions that receive grant funds under this
program would be required to pay one-third of the total costs
of funded projects.
Estimated impact on the private sector: This bill would
impose no new private-sector mandates as defined in Public Law
104-4.
Estimate prepared by--Federal cost: Gary Brown; impact on
State, local, and tribal governments: Teri Gullo; impact on the
private sector: Lesley Frymier.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
H.R. 437 contains no unfunded mandates.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, 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 matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
NATIONAL SEA GRANT COLLEGE PROGRAM ACT
TITLE II--NATIONAL SEA GRANT COLLEGE PROGRAM
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Sea Grant College
Program Act''.
* * * * * * *
SEC. 203. DEFINITIONS.
As used in this title--
(1) * * *
* * * * * * *
(3) [the] The term ``director of a sea grant
college'' means a person designated by their university
or institution to direct a sea grant college, programs,
or regional consortium.
[(4) The term ``field related to ocean, coastal, and
Great Lakes resources'' means any discipline or field
(including marine science (and the physical, natural,
and biological sciences, and engineering, included
therein), marine technology, education, marine affairs
and resource management, economics, sociology,
communications, planning, law, international affairs,
and public administration) which is concerned with or
likely to improve the understanding, assessment,
development, utilization, or conservation of ocean,
coastal, and Great Lakes resources.]
(4) The term ``field related to ocean, coastal, and
Great Lakes resources'' means any discipline or field
which is concerned with or likely to improve the
understanding, assessment, development, utilization, or
conservation of ocean, coastal, and Great Lakes
resources.
* * * * * * *
(6) 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) * * *
* * * * * * *
(F) the areas referred to as eastern special
areas in Article 3(1) of the Agreement between
the United States of America and the Union of
Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990; in particular,
those areas east of the maritime boundary, as
defined in that Agreement, that lie within 200
nautical miles of the baselines from which the
breadth of the territorial sea of Russia is
measured but beyond 200 nautical miles of the
baselines from which the breadth of the
territorial sea of the United States is
measured; and
* * * * * * *
[(13) The term ``Secretary'' means the Secretary of
Commerce.]
(13) The term ``Secretary'' means the Secretary of
Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere.
(14) 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.
[(15) The term ``Under Secretary'' means the Under
Secretary of Commerce for Oceans and Atmosphere.]
(16) The term ``sea grant institution'' means--
(A) any sea grant college or sea grant
regional consortium, and
(B) any institution of higher education,
institute, laboratory, or State or local agency
conducting a sea grant program with amounts
provided under this Act.
[SEC. 204. NATIONAL SEA GRANT PROGRAM.]
SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) 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 consist
of the financial assistance and other activities provided for
in this Act, and shall be administered by a National Sea Grant
Office within the Administration. The Secretary, in
consultation with the sea grant institutions and the panel
established under section 209, shall establish long-range
planning guidelines and priorities for, and adequately
evaluate, this program.
(b) Director.--(1) The Secretary shall appoint a Director of
the national sea grant college program who shall be a qualified
individual who has--
(A) knowledge or expertise in fields related to
ocean, coastal, and Great Lakes resources; and
(B) appropriate administrative experience.
(2) 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
not in excess of the [maximum rate for GS-18 of the General
Schedule under section 5332 of such title.] maximum rate
payable under section 5376 of title 5, United States Code.
[(c) Duties.--The Director shall administer the national sea
grant college program subject to the supervision of the
Secretary and the Under Secretary. In addition to any other
duty prescribed by law or assigned by the Secretary, the
Director shall--
[(1) apply the long-range planning guidelines and the
priorities established by the Secretary under
subsection (a);
[(2) advise the Under Secretary with respect to the
expertise and capabilities which are available within
or through the national sea grant college program, and
provide (as directed by the Under Secretary) those
which are or could be of use to other offices and
activities within the Administration;
[(3) evaluate activities conducted under grants and
contracts awarded pursuant to section 205 to assure
that the objective set forth in section 202(b) is
implemented;
[(4) encourage other Federal departments, agencies,
and instrumentalities to use and take advantage of the
expertise and capabilities which are available through
the national sea grant college program, on a
cooperative or other basis;
[(5) encourage cooperation and coordination with
other Federal programs concerned with ocean, coastal,
and Great Lakes resources conservation and usage;
[(6) advise the Secretary on the designation of sea
grant colleges and sea grant regional consortia and, in
appropriate cases, if any, on the termination or
suspension of any such designation;
[(7) encourage the formation and growth of sea grant
programs; and
[(8) oversee the operation of the National Sea Grant
Office established under subsection (a) of this
section.]
(c) Duties of Director.--
(1) In general.--The Director shall administer the
National Sea Grant College Program subject to the
supervision of the Secretary. In addition to any other
duty prescribed by law or assigned by the Secretary,
the Director shall--
(A) advise the Secretary with respect to the
expertise and capabilities which are available
within or through the National Sea Grant
College Program, and provide (as directed by
the Secretary) those which are or could be of
use to other offices and activities within the
Administration;
(B) encourage other Federal departments,
agencies, and instrumentalities to use and take
advantage of the expertise and capabilities
which are available through the National Sea
Grant College Program, on a cooperative or
other basis;
(C) encourage cooperation and coordination
with other Federal programs concerned with
ocean, coastal, and Great Lakes resources
conservation and usage;
(D) advise the Secretary on the designation
of sea grant institutions and, in appropriate
cases, if any, on the termination or suspension
of any such designation;
(E) encourage the formation and growth of sea
grant programs; and
(F) oversee the operation of the National Sea
Grant Office established under subsection (a).
(2) Duties with respect to sea grant institutions.--
With respect to the sea grant institutions, the
Director shall--
(A) evaluate the programs of the
institutions, using the guidelines and
priorities established by the Secretary under
subsection (a), to ensure that the objective
set forth in section 202(b) is achieved;
(B) subject to the availability of
appropriations, allocate funding among the sea
grant institutions so as to--
(i) promote healthy competition among
those institutions,
(ii) promote successful
implementation of the programs
developed by the institutions under
subsection (e), and
(iii) to the maximum extent
consistent with the other provisions of
this subparagraph, provide a stable
base of funding for the institutions;
and
(C) ensure compliance by the institutions
with the guidelines for merit review published
pursuant to section 207(b)(2).
* * * * * * *
(e) Duties of the Sea Grant Institutions.--Subject to any
regulations or guidelines promulgated by the Secretary, it
shall be the responsibility of each sea grant institution to--
(1) develop and implement, in consultation with the
Secretary and the panel established under section 209,
a program that is consistent with the guidelines and
priorities developed under section 204(a); and
(2) conduct merit review of all applications for
project grants or contracts to be awarded under section
205.
SEC. 205. CONTRACTS AND GRANTS.
(a) * * *
(b) Special Grants.--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) [or section 206].
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.
* * * * * * *
[SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA.
[(a) Designation.--(1) The Secretary may designate--
[(A) any institution of higher education as a sea
grant college; and
[(B) any association or other alliance of two or more
persons (other than individuals) as a sea grant
regional consortium.
[(2) No institution of higher education may be designated as
a sea grant college unless the Secretary finds that such
institution--
[(A) is maintaining a balanced program of research,
education, training, and advisory services in fields
related to ocean, coastal, and Great Lakes resources
and has received financial assistance under section 205
of this title or under section 204(c) of the National
Sea Grant College and Program Act of 1966;
[(B) will act in accordance with such guidelines as
are prescribed under subsection (b)(2); and
[(C) meets such other qualifications as the Secretary
deems necessary or appropriate.
The designation of any institution as a sea grant college under
the authority of such Act of 1966 shall, if such designation is
in effect on the day before the date of the enactment of the
Sea Grant Program Improvement Act of 1976, be considered to be
a designation made under paragraph (1) so long as such
institution complies with subparagraphs (B) and (C).
[(3) No association or other alliance of two or more persons
may be designated as a sea grant regional consortium unless the
Secretary finds that such association or alliance--
[(A) is established for the purpose of sharing
expertise, research, educational facilities, or
training facilities, and other capabilities in order to
facilitate research, education, training, and advisory
services, in any field related to ocean, coastal, and
Great lakes resources;
[(B) will encourage and follow a regional approach to
solving problems or meeting needs relating to ocean,
coastal, and Great Lakes resources, in cooperation with
appropriate sea grant colleges, sea grant programs, and
other persons in the region;
[(C) will act in accordance with such guidelines as
are prescribed under subsection (b)(2); and
[(D) meets such other qualifications as the Secretary
deems necessary or appropriate.
[(b) Regulations.--The Secretary shall by regulation
prescribe--
[(1) the qualifications required to be met under
paragraphs (2)(C) and (3)(D) of subsection (a); and
[(2) guidelines relating to the activities and
responsibilities of sea grant colleges and sea grant
regional consortia.
[(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).]
SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA.
(a) Designation.--The Secretary may designate an institution
of higher learning as a sea grant college, and an association
or alliance of two or more persons as a sea grant regional
consortium, if the institution, association, or alliance--
(1) is maintaining a balanced program of research,
education, training, and advisory services in fields
related to ocean, coastal, and Great Lakes resources
and has received financial assistance under section 205
of this Act or under section 204(c) of the National Sea
Grant College and Program Act of 1966;
(2) will cooperate with other sea grant institutions
and other persons to solve problems or meet needs
relating to ocean, coastal, and Great Lakes resources;
(3) will act in accordance with such guidelines as
are prescribed under subsection (b)(2); and
(4) meets such other qualifications as the Secretary
considers necessary or appropriate.
(b) Regulations and Guidelines.--
(1) In general.--The Secretary shall by regulation
prescribe the qualifications required to be met under
subsection (a)(4).
(2) Merit review.--Within 6 months of the date of
enactment of the Marine Resources Revitalization Act of
1997, the Secretary, after consultation with the sea
grant institutions, shall establish guidelines for the
conduct of merit review by the sea grant institutions
of project proposals for grants and contracts to be
awarded under section 205. The guidelines shall, at a
minimum, provide for peer review of all research
projects and require standardized documentation of all
peer review.
SEC. 208. FELLOWSHIPS.
(a) In General.--To carry out the educational and training
objectives of this Act, the [Under] Secretary shall support a
program of fellowships for qualified individuals at the
graduate and post-graduate level. The fellowships shall be
related to ocean, coastal, and Great Lakes resources and
awarded pursuant to guidelines established by the [Under]
Secretary.
(b) Dean John A. Knauss Marine Policy Fellowship.--The
[Under] 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.
[(c) Postdoctoral Fellowships.--The Under Secretary shall
establish and administer a program of postdoctoral fellowships
to accelerate research in critical subject areas. The
fellowship awards--
[(1) shall be for 2 years;
[(2) may be renewed once for not more than 2 years;
[(3) shall be awarded on a nationally competitive
basis;
[(4) may be used at any institution of post-secondary
education involved in the national sea grant college
program;
[(5) shall be for up to 100 percent of the total cost
of the fellowship; and
[(6) may be made to recipients of terminal
professional degrees, as well as doctoral degree
recipients.]
SEC. 209. SEA GRANT REVIEW PANEL.
(a) Establishment.--There shall be established an independent
committee to be known as the sea grant review panel. [The panel
shall, on the 60th day after the date of the enactment of the
Sea Grant Program Improvement Act of 1976, supersede the sea
grant advisory panel in existence before such date of
enactment.
[The Panel shall advise] (b) Duties.--The panel shall advise
the Secretary[, the Under Secretary,] and the Director
concerning--
(1) applications or proposals for, and performance
under, grants and contracts awarded under section 205
[and section 3 of the Sea Grant Program Improvement Act
of 1976];
(2) the sea grant fellowship program;
(3) the designation and operation of sea grant
[colleges and sea grant regional consortia]
institutions, and the operation of sea grant programs;
* * * * * * *
(c) Membership, Terms, and Powers.--(1) The panel 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. Not less than 8
of the voting members of the panel 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, 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, or conservation of ocean, coastal,
and Great Lakes resources. No individual is eligible to be a
voting member of the panel if the individual is (A) the
director of a sea grant [college, sea grant regional
consortium,] institution or sea grant program; (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
of employee of the United States.
* * * * * * *
(5) Voting members of the panel shall--
(A) receive compensation at [the daily rate for GS-18
of the General Schedule under section 5332 of title 5,
United States Code] 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; and
* * * * * * *
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
[(a) There is authorized to be appropriated to carry out the
provisions of sections 205 and 208 of this Act, and section 3
of the Sea Grant Program Improvement Act of 1976 (33 U.S.C.
1124a), an amount--
[(1) for fiscal year 1991, not to exceed $44,398,000;
[(2) for fiscal year 1992, not to exceed $46,014,000;
[(3) for fiscal year 1993, not to exceed $47,695,000;
[(4) for fiscal year 1994, not to exceed $49,443,000;
and
[(5) for fiscal year 1995, not to exceed $51,261,000.
[(b)(1) There is authorized to be appropriated for
administration of this Act, including section 209, by the
National Sea Grant Office and the Administration, an amount--
[(A) for fiscal year 1991, not to exceed $2,500,000;
[(B) for fiscal year 1992, not to exceed $2,600,000;
[(C) for fiscal year 1993, not to exceed $2,700,000;
[(D) for fiscal year 1994, not to exceed $2,800,000;
and
[(E) for fiscal year 1995, not to exceed $2,900,000.]
(a) Authorization.--There is authorized to be appropriated to
carry out this Act--
(1) $54,300,000 for fiscal year 1998;
(2) $55,400,000 for fiscal year 1999; and
(3) $56,500,000 for fiscal year 2000.
(b) Administration.--
(1) Limitation.--Of the amount appropriated for each
fiscal year under subsection (a), no more than 5
percent may be used for the administration of this Act,
including section 209, by the National Sea Grant Office
and the Administration.
[(2)] (2) Limitation on use of other amounts.--Sums
appropriated under the authority of [subsections (a)
and (c)] subsection (a) shall not be available for
administration of this Act by the National Sea Grant
Office, or for Administration program or administrative
expenses.
[(c) In addition to sums authorized under subsection (a),
there is authorized to be appropriated for priority oyster
disease research under section 205 of this Act, an amount--
[(1) for fiscal year 1992, not to exceed $1,400,000;
[(2) for fiscal year 1993, not to exceed $3,000,000;
[(3) for fiscal year 1994, not to exceed $3,000,000;
and
[(4) for fiscal year 1995, not to exceed $3,000,000.]
[(d)] (c) Availability of Sums.--Sums appropriated pursuant
to this section shall remain available until expended.
[(e)] (d) 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.
----------
SECTION 3 OF THE SEA GRANT PROGRAM IMPROVEMENT ACT OF 1976
[SEC. 3. SEA GRANT INTERNATIONAL PROGRAM.
[(a) In General.--The Under Secretary of Commerce for Oceans
and Atmosphere may enter into contracts and make grants under
this section to--
[(1) enhance cooperative international research and
educational activities on ocean, coastal and Great
Lakes resources;
[(2) promote shared marine activities with
universities in countries with which the United States
has sustained mutual interest in ocean, coastal, and
Great Lakes resources;
[(3) encourage technology transfer that enhances wise
use of ocean, coastal, and Great Lakes resources in
other countries and in the United States;
[(4) promote the exchange among the United States and
foreign nations of information and data with respect to
the assessment, development, utilization, and
conservation of such resources;
[(5) use the national sea grant college program as a
resource in other Federal civilian agency international
initiatives whose purposes are fundamentally related to
research, education, technology transfer and public
service programs concerning the understanding and wise
use of ocean, coastal, and Great Lakes resources; and
[(6) enhance regional collaboration between foreign
nations and the United States with respect to marine
scientific research, including activities which improve
understanding of global oceanic and atmospheric
processes, undersea minerals resources within the
exclusive economic zone and special areas, and
productivity and enhancement of living marine resources
in--
[(A) the Caribbean and Latin American
regions;
[(B) the Pacific Islands region;
[(C) the Arctic and Antartic regions;
[(D) the Atlantic and Pacific Oceans; and
[(E) the Great Lakes.
[(b) Eligibility, Procedures, and Requirements.--Any sea
grant college, sea grant program, or sea grant regional
consortium, and any institution of higher education,
laboratory, or institute (if the institution, laboratory, or
institute is located within a State, as defined in section
203(14) of the National Sea Grant College Program Act (33
U.S.C. 1122(14)), may apply for and receive financial
assistance under this section. The Under Secretary shall
prescribe rules and regulations, in consultation with the
Secretary of State, to carry out this section. Before approving
an application for a grant or contract under this section, the
Under Secretary shall consult with the Secretary of State. A
grant made, or contract entered into, under this section is
subject to section 205(d) (2) and (4) of the National Sea Grant
College Program Act (33 U.S.C. 1124(d) (2) and (4)) and to any
other requirements that the Under Secretary considers necessary
and appropriate.]