[House Report 105-22]
[From the U.S. Government Publishing Office]
105th Congress Rept. 105-22
HOUSE OF REPRESENTATIVES
1st Session Part 2
_______________________________________________________________________
NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZATION ACT OF 1997
_______________________________________________________________________
April 21, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on Science, 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 Science, 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, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
C O N T E N T S
Page
I. Amendment.......................................................2
II. Purpose of the Bill.............................................6
III. Background and Need for Legislation.............................6
IV. Summary of Hearings.............................................8
V. Committee Actions...............................................8
VI. Summary of Major Provisions of the Bill.........................9
VII. Section-By-Section Analysis and Committee Views................10
VIII. Committee Cost Estimate........................................16
IX. Congressional Budget Office Cost Estimate......................16
X. Compliance with Public Law 104-4...............................18
XI. Committee Oversight Findings and Recommendations...............18
XII. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight................................18
XIII. Constitutional Authority Statement.............................18
XIV. Federal Advisory Committee Statement...........................19
XV. Congressional Accountability Act...............................19
XVI. Changes in Existing Law Made by the Bill, as Reported..........19
XVII. Committee Recommendations......................................28
I. Amendment
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Reauthorization Act of 1997''.
SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the National Sea Grant
College Program Act (33 U.S.C. 1121 et seq.).
SEC. 3. AMENDMENTS TO DEFINITIONS.
(a) Sea Grant Institution.--Section 203(15) (33 U.S.C. 1122(15)) is
amended to read as follows:
``(15) 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.''.
(b) Field Related to Ocean, Coastal, and Great Lakes Resources.--
Section 203(4) (33 U.S.C. 1122(4)) is amended to read as follows:
``(4) The term `field related to ocean, coastal, and Great
Lakes resources' means any discipline or field, including
marine research, which is concerned with or likely to improve
the understanding, assessment, development, utilization, or
conservation of ocean, coastal, and Great Lakes resources.''.
(c) Secretary.--
(1) In general.--Section 203(13) (33 U.S.C. 1122(13)) is
amended to read as follows:
``(13) The term `Secretary' means the Secretary of
Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere.''.
(2) Conforming amendments.--The Act is amended--
(A) in section 209(b) (33 U.S.C. 1128(b)), as
amended by this Act, by striking ``, the Under
Secretary,''; and
(B) by striking ``Under Secretary'' every other
place it appears and inserting ``Secretary''.
SEC. 4. CONSULTATIONS REGARDING LONG-RANGE PLANNING GUIDELINES AND
PRIORITIES AND EVALUATION.
Section 204(a) (33 U.S.C. 1123(a)) is amended in the last sentence
by inserting after ``The Secretary'' the following: ``, in consultation
with the sea grant institutions and the panel established under section
209,''.
SEC. 5. DUTIES OF DIRECTOR.
Section 204(c) (33 U.S.C. 1123(c)) is amended to read as follows:
``(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).''.
SEC. 6. DUTIES OF SEA GRANT INSTITUTIONS.
Section 204 (33 U.S.C. 1123) is amended by adding at the end the
following new subsection:
``(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 subsection (a) of this section; and
``(2) conduct merit review of all applications for project
grants or contracts to be awarded under section 205.''.
SEC. 7. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.
(a) Repeal.--Section 3 of the Sea Grant Program Improvement Act of
1976 (33 U.S.C. 1124a) is repealed.
(b) Conforming Amendment.--Section 209(b)(1) (33 U.S.C. 1128(b)(1))
is amended by striking ``and section 3 of the Sea Grant Program
Improvement Act of 1976''.
SEC. 8. DESIGNATION OF SEA GRANT INSTITUTIONS.
Section 207 (33 U.S.C. 1126) is amended to read as follows:
``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA.
``(a) Qualifications.--The Secretary may designate an institution
of higher education 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 recognized for scientific excellence;
``(2) is maintaining a balanced program of research,
education, training, and advisory services in fields related to
ocean, coastal, and Great Lakes resources;
``(3) will cooperate with other sea grant institutions and
other persons to solve problems or meet needs relating to
ocean, coastal, and Great Lakes resources;
``(4) will act in accordance with such guidelines as are
prescribed under subsection (b)(2); and
``(5) meets such other qualifications as the Secretary, in
consultation with the panel established under section 209,
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)(5).
``(2) Merit review.--Within 6 months of the date of
enactment of the National Sea Grant College Program
Reauthorization 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.
``(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. 9. REPEAL OF FELLOWSHIP PROGRAMS.
Section 208 (33 U.S.C. 1127) is repealed.
SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Grants, Contracts, and Fellowships.--Section 212(a) (33 U.S.C.
1131(a)) is amended to read as follows:
``(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;
``(3) $56,500,000 for fiscal year 2000;
``(4) $56,500,000 for fiscal year 2001; and
``(5) $56,500,000 for fiscal year 2002.
For each of the fiscal years referred to in paragraphs (1) through (5),
$2,800,000 of the amount authorized by that paragraph shall be
available as provided in section 1301(b)(4)(A) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4741(b)(4)(A)) for competitive grants for university research on the
zebra mussel.''.
(b) Administration.--Section 212(b) (33 U.S.C. 1131(b)) is
amended--
(1) by striking so much as precedes paragraph (2) and
inserting the following:
``(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) in paragraph (2)--
(A) by striking ``subsections (a) and (c)'' and
inserting ``subsection (a)''; and
(B) by striking ``(2)'' and inserting ``(2)
Limitation on use of other amounts.--''; and
(3) by moving paragraph (2) 2 ems to the right, so that the
left margin of paragraph (2) is aligned with the left margin of
paragraph (1), as amended by paragraph (1) of this subsection.
(c) Repeal.--Section 212 (33 U.S.C. 1131) is amended by repealing
subsection (c) and redesignating subsections (d) and (e) in order as
subsections (c) and (d).
SEC. 11. TECHNICAL AMENDMENTS.
(a) Clerical Amendments.--
(1) Section 203(3) (33 U.S.C. 1122(3)) is amended by
striking ``the term'' and inserting ``The term''.
(2) Section 203(6) (33 U.S.C. 1122(6)) is amended by moving
subparagraph (F) 2 ems to the right, so that the left margin of
subparagraph (F) is aligned with the left margin of
subparagraph (E).
(3) The heading for section 204 (33 U.S.C. 1124) is amended
to read as follows:
``SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.''.
(4) Section 209 (33 U.S.C. 1128) is amended by striking all
of the matter that follows the first full sentence through
``shall advise'', and inserting ``(b) Duties.--The panel shall
advise''.
(5) Section 205(b)(3) (33 U.S.C. 1124(b)(3)) is amended by
striking ``or section 206''.
(6) Section 204(d)(1) (33 U.S.C. 1123(d)(1)) is amended--
(A) by striking ``five positions'' and inserting in
lieu thereof ``one position''; and
(B) by striking ``the maximum rate for GS-18 of the
General Schedule under section 5332'' and inserting in
lieu thereof ``a rate established by the Secretary, not
to exceed the maximum daily rate payable under section
5376''.
(b) Technical Amendment.--Section 209(c)(5)(A) (33 U.S.C.
1128(c)(5)(A)) is amended by striking ``the daily rate for GS-18 of the
General Schedule under section 5332'' and inserting ``a rate
established by the Secretary, not to exceed the maximum daily rate
payable under section 5376''.
(c) Conforming Amendments.--(1) Section 204(b)(2) (33 U.S.C.
1123(b)(2)) is amended by striking ``maximum rate for GS-18'' and all
that follows through the end of the sentence and inserting ``maximum
rate payable under section 5376 of title 5, United States Code.''.
(2) Section 209 (33 U.S.C. 1128) is amended--
(A) in subsection (b)(3) by striking ``colleges and
sea grant regional consortia'' and inserting
``institutions''; and
(B) in subsection (c)(1) in the last sentence in
clause (A) by striking ``college, sea grant regional
consortium,'' and inserting ``institution''.
SEC. 12. SUNSET.
The National Sea Grant College Program Act is amended by adding at
the end the following new section:
``SEC. 213. SUNSET.
``This Act is repealed, effective October 1, 2002.''.
SEC. 13. LIMITATIONS.
(a) Prohibition of Lobbying Activities.--None of the funds
authorized by section 212(a), as amended by this Act, shall be
available for any activity whose purpose is to influence legislation
pending before the Congress, except that this subsection shall not
prevent officers or employees of the United States or of its
departments or agencies from communicating to Members of Congress on
the request of any Member or to Congress, through the proper channels,
requests for legislation or appropriations which they deem necessary
for the efficient conduct of the public business.
(b) Limitation on Appropriations.--No sums are authorized to be
appropriated to the Secretary of Commerce for fiscal years 1998 through
2002 for the activities for which sums are authorized by section
212(a), as amended by this Act, unless such sums are specifically
authorized to be appropriated by such section 212(a).
(c) Eligibility for Awards.--
(1) In general.--The Secretary of Commerce shall exclude
from consideration for grant agreements made by that agency
after fiscal year 1997 any person who received funds, other
than those described in paragraph (2), appropriated for a
fiscal year after fiscal year 1997, under a grant agreement
from any Federal funding source for a project that was not
subjected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this subsection shall
be effective for a period of 5 years after the person receives
such Federal funds.
(2) Exception.--Paragraph (1) shall not apply to the
receipt of Federal funds by a person due to the membership of
that person in a class specified by law for which assistance is
awarded to members of the class according to a formula provided
by law.
(3) Definition.--For purposes of this subsection, the term
``grant agreement'' means a legal instrument whose principal
purpose is to transfer a thing of value to the recipient to
carry out a public purpose of support or stimulation authorized
by a law of the United States, and does not include the
acquisition (by purchase, lease, or barter) of property or
services for the direct benefit or use of the United States
Government. Such term does not include a cooperative agreement
(as such term is used in section 6305 of title 31, United
States Code) or a cooperative research and development
agreement (as such term is defined in section 12(d)(1) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(1))).
SEC. 14. NOTICE.
(a) Notice of Reprogramming.--If any funds authorized by section
212(a), as amended by this Act, are subject to a reprogramming action
that requires notice to be provided to the Appropriations Committees of
the House of Representatives and the Senate, notice of such action
shall concurrently be provided to the Committees on Science and
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(b) Notice of Reorganization.--The Secretary of Commerce shall
provide notice to the Committees on Science, Resources, and
Appropriations of the House of Representatives, and the Committees on
Commerce, Science, and Transportation and Appropriations of the Senate,
not later than 15 days before any major reorganization of any program,
project, or activity of the National Sea Grant College Program.
SEC. 15. BUY AMERICAN.
(a) Compliance With Buy American Act.--No funds appropriated
pursuant to section 212(a), as amended by this Act, may be expended by
an entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
(b) Sense of Congress.--In the case of any equipment or products
that may be authorized to be purchased with financial assistance
provided under section 212(a), as amended by this Act, it is the sense
of Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(c) Notice to Recipients of Assistance.--In providing financial
assistance under section 212(a), as amended by this Act, the Secretary
of Commerce shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a) by the Congress.
II. Purpose of the Bill
The purpose of H.R. 437 is to reauthorize the National Sea
Grant College Program Act (33 U.S.C. 1121-1131) for Fiscal
Years 1997 through 2002, to make changes to the program's
management, and to strengthen the role of peer review in the
program.
III. Background and Need for the Legislation
The National Sea Grant College Act (33 U.S.C. 1121-1131),
enacted in 1966, established the National Sea Grant College
Program (Sea Grant) with the objective of increasing ``the
understanding, assessment, development, utilization, and
conservation of the Nation's ocean, coastal, and Great Lakes
resources by providing assistance to promote a strong education
base, responsive research and training activities, and broad
and prompt dissemination of knowledge and techniques.'' The
program was patterned after the Land Grant College Program, and
was first assigned to the National Science Foundation (NSF). In
1970, Sea Grant was transferred from the NSF to the newly
created National Oceanic and Atmospheric Administration (NOAA)
of the Department of Commerce.
Sea Grant is located within NOAA's Office of Oceanic and
Atmospheric Research (OAR), and is one of two extramural ocean
research programs. In Fiscal Year 1997, Sea Grant's
appropriation of $54.2 million accounts for 21.4 percent of
OAR's total appropriation of $253.2 million.
Currently, there are twenty-six designated Sea Grant
College programs, which include both single institutions and
regional consortia of two or more institutions. Sea Grant also
includes three institutional programs. These twenty-nine Sea
Grant College and Institutional programs, encompassing coastal
and Great Lakes States and Puerto Rico, are the heart of a
nationwide network of some 300 participating institutions that
each year draw on the talents of over 3,000 scientists,
engineers, educators, students, and outreach specialists.
To be designated a Sea Grant College, an applicant must
demonstrate a record of superior performance in marine resource
programs for a minimum of 3 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 to 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 National Sea Grant
College Program Act established the Sea Grant Review Panel,
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.
Priority oyster disease research has been separately
authorized under the Act since 1990, and 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 the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.).
Sea Grant is funded at $54.3 million in Fiscal Year 1997,
which includes $2.7 million for administration of the national
program office, $1.5 million for oyster disease research, and
$2.3 million for zebra mussel research. NOAA's Fiscal Year 1998
budget request for Sea Grant is $50.2 million, with no specific
funding for the zebra mussel and priority oyster disease
programs; however, NOAA has stated that within the total
amount, it will support the best proposals for further work on
oyster disease and the zebra mussel.
Finally, in 1994, the National Research Council's Ocean
Studies Board conducted a review of the Sea Grant program at
the request of NOAA. The Board's recommendations included
defining better 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.
IV. Summary of Hearings
The Subcommittee held a hearing on March 13, 1997, and
heard testimony on H.R. 437 from the Honorable Dr. D. James
Baker, Under Secretary for Oceans and Atmosphere, U.S.
Department of Commerce and Administrator, NOAA. Dr. Baker was
supportive of the National Sea Grant College Program, calling
it ``NOAA's principal partnership with the university
community.'' He stated that H.R. 437 ``as introduced should be
changed to conform to the President's FY 1998 budget request of
$50.2 million,'' and ``that the specific authorities of the
International Program for grants and contracts, as contained in
section 3 of the Sea Grant Program Improvement Act, should be
retained . . . [to] allow Sea Grant to effectively address
transboundary and coastal marine issues through outreach
activities.''
The Subcommittee also heard testimony on the bill during a
hearing on April 9, 1997, from Dr. Christopher D'Elia,
Director, Maryland Sea Grant College Program, University of
Maryland, College Park, Maryland, and President-Elect of the
Sea Grant Association, which represents all twenty-nine Sea
Grant programs; and Dr. James J. Sullivan, Director, California
Sea Grant College System, University of California, La Jolla,
California. Dr. D'Elia expressed his support for H.R. 437, and
urged the Committee to consider extending the period of
authorization from 3 to 5 years. Dr. Sullivan also expressed
his strong support for the bill.
V. Committee Actions
Representative Jim Saxton (R-NJ) introduced H.R. 437 on
January 9, 1997. The bill was referred to the Committee on
Resources on January 9, 1997; and to the Resources Committee's
Subcommittee on Fisheries Conservation, Wildlife and Oceans on
February 11, 1997. 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 the bill, which was then ordered
favorably reported to the House of Representatives without
amendment by the Full Resources Committee.
H.R. 437 was referred to the Committee on Science on March
12, 1997, for a period ending not later than April 28, 1997;
and to the Science Committee's Subcommittee on Energy and
Environment on March 13, 1997. The Subcommittee held a hearing
on March 13, 1997, and heard testimony on the bill from the
Honorable D. James Baker, Under Secretary for Oceans and
Atmosphere, U.S. Department of Commerce and Administrator,
NOAA. The Subcommittee also heard testimony on the bill during
a hearing on April 9, 1997, from Dr. Christopher D'Elia,
Director, Maryland Sea Grant College Program, University of
Maryland, College Park, Maryland, and President-Elect of the
Sea Grant Association, which represents all twenty-nine Sea
Grant programs; and Dr. James J. Sullivan, Director, California
Sea Grant College System, University of California, La Jolla,
California. The Subcommittee discharged H.R. 437 from further
consideration to the Full Science Committee on March 13, 1997.
On April 16, 1997, the Full Science Committee met to
consider H.R. 437, the Marine Resources Revitalization Act of
1997.
Amendment 1.--Mr. Sensenbrenner, Chairman of the Science
Committee, offered an amendment in the nature of a substitute
to H.R. 437, which was adopted by voice vote.
Amendment 2.--Mr. Calvert, Chairman of the Science
Committee's Subcommittee on Energy and Environment, offered a
manager's amendment making technical corrections to: (1) define
that, with the exception of Cooperative Research and
Development Agreements, grants awarded under this Act will be
subject to merit-based review; and (2) specify that the sums
authorized in the bill represent the total funds authorized for
programs under this bill. The amendment was adopted by voice
vote.
Amendment 3.--Mr. Hastings, on behalf of Mr. Traficant,
offered an amendment to add a new Section 15 to the bill that
requires any entity that is appropriated funds pursuant to this
Act or amendments thereto, to comply with Sections 2-4 of the
Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the
``Buy American Act''), and that recipients of funds pursuant to
this Act shall be notified of subsection (a)'s requirement of
compliance with the Buy American Act. The amendment was adopted
by voice vote.
With a quorum present, Mr. Roemer moved that the Committee
report the bill, H.R. 437, as amended, to the House and that
the staff prepare the legislative report and make technical and
conforming changes, and that the Chairman take all necessary
steps to bring the bill before the House for consideration. The
motion was approved by voice vote.
Mr. Sensenbrenner asked and received unanimous consent that
Committee members have 2 subsequent calendar days in which to
submit supplemental, minority or additional views on the
measure, and that, pursuant to Clause 1 of Rule XX of the Rules
of the House of Representatives, the Committee authorize the
Chairman to offer such motions as may be necessary in the House
to go to conference with the Senate on H.R. 437 or a similar
Senate bill.
VI. Summary of Major Provisions of the Bill
H.R. 437, the National Sea Grant College Program
Reauthorization of 1997, amends the National Sea Grant College
Program Act as follows:
Adds or modifies various definitions, and clarifies
that, in reference to this Act and National Sea Grant
College Act, the Secretary of Commerce (Secretary) acts
through the Under Secretary of Commerce for Oceans and
Atmospheres.
Clarifies the duties of the Program's Director.
Sets forth the duties of Sea Grant Institutions
(defined as Sea Grant Colleges, Sea Grant Regional
Consortia, and certain types of entities conducting a
Sea Grant Program with amounts under the Act), which
include merit-reviews of grant and contract
applications.
Repeals provisions relating to the Sea Grant
International Program.
Revises requirements for designating Sea Grant
Colleges and Consortia by requiring the Secretary, in
consultation with the Sea Grant Review Panel to
establish guidelines for the conduct of merit review by
Sea Grant institutions within 6 months of the date of
enactment that provide for peer review of all
applications for grants or contracts and require
standardized documentation of all peer review.
Provides that the Secretary may, for cause and after
an opportunity for hearing, suspend or terminate any
Sea Grant designation.
Repeals provisions mandating fellowships.
Authorizes appropriations for grants and contracts for
Fiscal Years 1998-2002 ($54.3 million for Fiscal Year
1998, $55.4 million for Fiscal Year 1999, and $56.5
million for each of Fiscal Years 2000-2002), including
$2.8 million each year for zebra mussel research;
removes the separate authorization of appropriations
for administration and limits administration
expenditures to no more than 5 percent of funds
appropriated for grants and contracts; and repeals
provisions authorizing appropriations for priority
oyster disease research.
Clarifies that the maximum pay (within statutory
compensation levels) for the Program's Director and for
voting members of the Sea Grant Review Panel is
determined by the Secretary.
Sunsets the Act.
Prohibits lobbying activities, limits appropriations
for Fiscal Years 1998-2002, and excludes from
consideration for grant agreements, for a period of 5
years, any person who received funding for a project
not subject to a competitive, merit-based award
process.
Provides that if any funds authorized by this Act are
subject to a reprogramming action that requires notice
to be provided to the Appropriations Committees of the
House and Senate, then notice of such action shall
concurrently be provided to the House Committees on
Science and Resources and to the Senate Committee on
Commerce, Science, and Transportation. Also requires
the Secretary to provide notice to the aforementioned
House and Senate Committees, as well as the
Appropriations Committees of each body, not later than
15 days before any major reorganization of any program,
project, or activity of the National Sea Grant College
Program.
VII. Section-by-Section Analysis and Committee Views
Section 1. Short Title
This Act may be cited as the ``National Sea Grant College
Program Reauthorization 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
Section 3 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 funds provided under
the Act. The section also simplifies the definition of ``field
related to ocean, coastal and Great Lakes resources'' to mean
``any discipline or field, including marine research, which is
concerned with or likely to improve the understanding,
assessment, development, utilization, or conservation of ocean,
coastal, and Great Lakes resources.'' 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
Section 4 amends the National Sea Grant College Program Act
to require the Secretary of Commerce to consult with the Sea
Grant institutions and the Sea Grant Review Panel when setting
long-range planning guidelines and priorities.
Section 5. Duties of the Director
Section 5 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 include the following:
Advise the Secretary of Commerce on: (1) the expertise
and capabilities available within or through the
National Sea Grant College Program; and (2) on the
designation, termination or suspension of sea grant
institutions.
Provide, as directed by the Secretary, National Sea
Grant College Program expertise and capabilities which
are or could be of use to other offices and activities
within NOAA.
Encourage: (1) 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; (2) cooperation and
coordination with other federal programs concerned with
ocean, coastal, and Great Lakes resources conservation
and usage; and (3) the formation and growth of Sea
Grant programs.
Oversee the operation of the National Sea Grant
Office.
Evaluate Sea Grant institutions' programs, not review
each specific state program grant.
Allocate funding, within available appropriations,
among the Sea Grant institutions to: (1) promote
healthy competition and successful implementation of
programs; and (2) provide a stable base of funding.
Ensure compliance by the institutions with the merit
guidelines to be established by the Secretary of
Commerce within 6 months after the date of enactment of
the Act.
Section 6. Duties of Sea Grant Institutions
Section 6 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 of
Commerce. It specifies that it is the responsibility of each
Sea Grant institution to consult with the Secretary and the Sea
Grant Review Panel in developing and implementing a program
that is 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.
Committee View
The Committee supports vigorous oversight of all taxpayer-
funded programs and has a long-standing position that awards
should be made on a competitive, merit-based process that
ensures taxpayers' dollars are spent in the most cost-effective
and productive manner.
Section 7. Repeal of Sea Grant International Program
Section 7 repeals the Sea Grant International Program,
which has never been funded.
Committee View
The Committee supports deletion of obsolete provisions of
current law.
Section 8. Designation of Sea Grant Institutions
Section 8 consolidates and clarifies the requirements for
the designation of Sea Grant Institutions by amending section
207 of the Sea Grant College Program Act. 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 recognized for scientific
excellence; (2) is maintaining a balanced program of research,
education, training, and advisory services in fields related to
ocean, coastal, and Great Lakes resources; (3) will cooperate
with other Sea Grant Institutions and other persons to solve
problems or meet needs relating to ocean, coastal, and Great
Lakes resources; (4) will act in accordance with established
guidelines of merit review (including, at a minimum, peer
review); and (5) meets such other qualifications as the
Secretary, in consultation with the Sea Grant Review Panel
considers necessary or appropriate.
This section also requires the Secretary, within 6 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.
Finally, consistent with current law, Section 8 provides
that the Secretary may, for cause and after an opportunity for
hearing, suspend or terminate any Sea Grant designation.
Committee View
The Committee believes that the most important criterion
for the designation of Sea Grant Institutions is scientific
excellence and has a long-standing position that awards should
be made on a competitive, merit-based process that ensures that
taxpayers' dollars are spent in the most cost-effective and
productive manner. The Committee also believes that the
Secretary should retain the authority to suspend or terminate
any Sea Grant designation for cause and after an opportunity
for hearing.
Section 9. Repeal of Fellowship Programs
This section repeals the Fellowship Programs.
Committee View
The Fellowship Programs are funded by Sea Grant, but under
current law are administered and awarded by the Under Secretary
for Oceans and Atmospheres. The Committee believes that, with
the exception of a small percentage devoted to the program's
administration, Sea Grant funds should go directly to the Sea
Grant Institutions to further marine research and other
activities authorized under the Act.
Section 10. Authorization of Appropriations
Section 10 amends the National Sea Grant College Program
Act to: (1) reauthorize Sea Grant at $54.3 million for Fiscal
Year 1998, $55.4 million in Fiscal Year 1999, and $56.5 million
in each of Fiscal Year 2000, Fiscal Year 2001 and Fiscal Year
2002; (2) limit administrative spending to no more than 5
percent of the amount appropriated for each fiscal year; (3)
repeal the separate authorization for oyster disease research;
and (4) authorize, within the total amount authorized for each
fiscal year, $2.8 million for competitive grants for university
research on the zebra mussel as provided in section
1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990.
Committee View
The Committee supports the current level of Sea Grant
funding as well as a modest increase in the out-years. The
Committee also recognizes the very important and vital zebra
mussel research conducted under the Program, and has provided
specific funding for its continuation.
Section 11. Clerical and Conforming Amendments
Section 11 makes six clerical amendments, one technical
amendment (clarifying that, within statutory compensation
levels, the Secretary establishes the pay rate for the
Program's Director and for the members of the Sea Grant Review
Panel), and two conforming amendments.
Committee View
The Committee believes that the establishment of the pay
rate (within statutory compensation levels) for the Program's
Director and for the members of the Sea Grant Review Panel is
the prerogative of the Secretary and should not be mandated by
statute.
Section 12. Sunset
Section 12 repeals the National Sea Grant Program Act,
effective October 1, 2001.
Committee View
In this era of limited resources, taxpayers' dollars must
be used in the most effective manner possible, and the
taxpayers must be convinced they are getting value from
federally-funded R&D if such funding is to be continued. The
Committee believes that the National Sea Grant College Program,
as defined by this Act, will provide such value for the next 5
years. However, strong and aggressive Congressional oversight
is key to ensuring that value will continue to be received. The
establishment of a sunset provision will force Congress to
conduct an in-depth review of the program, and to determine
whether or not it is in the best interest of the taxpayer that
it be continued.
Section 13. Limitations
Subsection 13(a). Prohibition of Lobbying Activities
Subsection 13(a) forbids the use of funds authorized by
this Act for any activity whose purpose is to influence
legislation pending before Congress. However, this subsection
does not prevent employees of the departments or agencies from
communicating with Members of Congress to conduct public
business.
Committee View
The Committee is committed to ensuring that awards for
research are used solely for that purpose. Funds should not be
used for any purpose, other than that specified in the award.
The Committee, however, does not exclude appropriate
communications between the Executive Branch and the Congress.
Subsection 13(b). Limitation on Appropriations
Subsection 13(b) provides that no sums are authorized to be
appropriated that are not specifically authorized to be
appropriated by this Act for Fiscal Years 1998, 1999, 2000,
2001 and 2002, or by an Act of Congress in succeeding fiscal
years.
Committee View
The Committee emphasizes that the only funds authorized to
be appropriated for the National Sea Grant College are made
available under this Act. It is the Committee's position that
annual authorizations designating specific sums are required
for appropriations of such sums to be authorized.
Subsection 13(c). Eligibility for Awards
Subsection 13(c) requires the head of each federal agency
for which funds are authorized under this Act to exclude from
consideration for grant agreements, for a period of 5 years,
any person who received funds for a project not subject to
competitive, merit-based review process after Fiscal Year 1997.
The subsection is not applicable to awards to long-standing
Cooperative Research and Development Agreement program nor
awards to persons who are members of a class specified by law
for which assistance is awarded according to formula provided
by law.
Committee View
The Committee has a long-standing position that awards
should be made on a competitive, merit-based process that
ensures that taxpayers' dollars are spent in the most cost-
effective and productive manner.
Section 14. Notice
If any funds of this Act, or amendments made by this Act,
are subject to reprogramming which requires notice to be given
to the Appropriations Committees of the House of
Representatives and the Senate, notice of such action shall be
concurrently provided to the Committees on Science and Commerce
of the House of Representatives and the Committee on Science,
Commerce, and Transportation of the Senate.
If any program, project, or activity of the National Sea
Grant College Program is preparing to undergo any major
reorganization, the Secretary of the Department of Commerce
shall notify the Committees on Science, Commerce, and
Appropriations of the House of Representatives and the
Committees on Science, Commerce, and Transportation and
Appropriations of the Senate no later than 15 days prior to
such reorganization.
Committee View
The Committee believes that such notice must be given if it
is to carry out its oversight responsibilities under the Rules
of the House.
Section 15. Buy American
Section 15 requires any entity that is appropriated funds
pursuant to this Act or amendments thereto, to comply with
Sections 2-4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act''); and that
recipients of funds pursuant to this Act shall be notified of
subsection (a)'s requirement of compliance with the Buy
American Act.
Committee View
It is the Committee's position that the Federal Government
buy goods manufactured in the United States when feasible, and
where cost-effective and practicable.
VIII. Committee Cost Estimate
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires each committee report accompanying
each bill or joint resolution of a public character to contain:
(1) an estimate, made by such Committee, of the costs which
would be incurred in carrying out such bill or joint resolution
in the fiscal year in which it is reported, and in each of the
5 fiscal years following such fiscal year (or for the
authorized duration of any program authorized by such bill or
joint resolution, if less than 5 years); (2) a comparison of
the estimate of costs described in subparagraph (1) of this
paragraph made by such Committee with an estimate of such costs
made by any government agency and submitted to such Committee;
and (3) when practicable, a comparison of the total estimated
funding level for the relevant program (or programs) with the
appropriate levels under current law. However, clause 7(d) of
that rule provides that this requirement does not apply when a
cost estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974 has been timely submitted
prior to the filing of the report and included in the report
pursuant to clause 2(l)(3)(C) of rule XI. A cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 403 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of this
report and included in Section IX of this report pursuant to
clause 2(l)(3)(C) of rule XI.
Clause 2(l)(3)(B) of rule XI of the Rules of the House of
Representatives requires each committee report that accompanies
a measure providing new budget authority (other than continuing
appropriations), new spending authority, or new credit
authority, or changes in revenues or tax expenditures to
contain a cost estimate, as required by section 308(a)(1) of
the Congressional Budget Act of 1974 and, when practicable with
respect to estimates of new budget authority, a comparison of
the total estimated funding level for the relevant program (or
programs) to the appropriate levels under current law. H.R. 437
does not contain any new budget authority, credit authority, or
changes 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, which is
contained in Section IX of this report.
IX. Congressional Budget Office Cost Estimate
Congressional Budget Office
U.S. Congress
Washington, DC. 20515
June E. O'Neill, Director
April 17, 1997
Honorable F. James Sensenbrenner, Jr.,
Chairman, Committee on Science,
U.S. House of Representatives,
Washington, DC. 20515
Dear Mr. Chairman:
The Congressional Budget Office has prepared the enclosed cost
estimate for H.R. 437, the National Sea Grant College Program
Reauthorization 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, who can be reached
at 226-2860.
Sincerely,
June E. O'Neill, Director
Enclosure
cc: Honorable George E. Brown, Jr., Ranking Minority Member
______
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
April 17, 1997
H.R. 437
National Sea Grant College Program Reauthorization Act of 1997
As ordered reported by the House Committee on Science on April 16, 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 each of
Fiscal Years 2000 through 2002 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,
repeal the sea grant international program and the graduate and
postdoctoral fellowship programs, authorize grants for university
research on the zebra mussel, and place certain limits on eligibility
for sea grant funds.
Assuming appropriation of the authorized amounts, CBO estimates
that enacting H.R. 437 would result in additional discretionary
spending of $278 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 bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates Reform Act
of 1995 (UMRA), and would not impose any costs on state, local, or
tribal governments.
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. CBO estimates that
provisions regarding the programs and individuals that are eligible to
receive sea grant funds would not have a significant impact on the
overall spending rate for the 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 level for 1999 is $1.1 million
above current funding and the authorized levels for each of Fiscal
Years 2000 through 2002 are $2.2 million above current funding.
------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars
-----------------------------------------
1997 1998 1999 2000 2001 2002
------------------------------------------------------------------------
SPENDING SUBJECT TO
APPROPRIATION:
Spending Under Current Law
Budget Authority 54 0 0 0 0 0
Estimated Outlays 54 2 0 0 0 0
Proposed Changes
Authorization Level 0 54 55 57 57 57
Estimated Outlays 0 52 55 57 57 57
Spending Under H.R. 437
Authorization Level 54 54 55 57 57 57
Estimated Outlays 54 54 55 57 57 57
------------------------------------------------------------------------
The 1997 level is the amount appropriated for that year.
The costs of this legislation fall within budget function 300
(natural resources and environment).
PAY-AS-YOU-GO CONSIDERATIONS: None.
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 437 contains no mandates as defined in UMRA, and would not
impose any 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 are 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
UMRA.
PREVIOUS CBO ESTIMATE:
CBO prepared an estimate on March 10, 1997, for H.R. 437, the
Marine Resources Revitalization Act of 1997, as ordered reported by the
House Committee on Resources on March 5, 1997. The estimated costs of
the Science Committee's version of H.R. 437 over the 1998-2002 period
are greater because it authorizes the sea grant program for 2
additional years. Other aspects of the two bills are similar; hence,
the only difference in the estimates is attributable to the difference
in the number of years covered by the authorization.
ESTIMATE PREPARED BY:
Federal Cost: Gary Brown (326-2860)
Impact on State, Local, and Tribal Governments: Pepper Santalucia
(225-3220)
Impact on the Private Sector: Lesley Frymier (226-2940)
ESTIMATE APPROVED BY:
Robert A. Sunshine
Deputy Assistant Director for Budget Analysis
X. Compliance With Public Law 104-4
H.R. 437 contains no unfunded mandates.
XI. Committee Oversight Findings and Recommendations
Clause 2(l)(3)(A) of rule XI of the Rules of the House of
Representatives requires each committee report to include
oversight findings and recommendations required pursuant to
clause 2(b)(1) of rule X. The Committee has no oversight
findings.
XII. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight
Clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives requires each committee report to contain a
summary of the oversight findings and recommendations made by
the House Government Reform and Oversight Committee pursuant to
clause 4(c)(2) of rule X, whenever such findings and
recommendations have been submitted to the Committee in a
timely fashion. The Committee on Science has received no such
findings or recommendations from the Committee on Government
Reform and Oversight.
XIII. Constitutional Authority Statement
Clause 2(l)(4) of rule XI of the Rules of the House of
Representatives requires each report of a Committee on a bill
or joint resolution of a public character to include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the law proposed by the bill or joint
resolution. Article I, section 8 of the Constitution of the
United States grants Congress the authority to enact H.R. 437.
XIV. Federal Advisory Committee Statement
This legislation does not establish or authorize the
establishment of a new advisory committee. The functions of the
advisory committee--the Sea Grant Review Panel--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.
XV. Congressional Accountability Act
The Committee finds that H.R. 437 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act (Public Law 104-1).
XVI. 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 italics, 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,
including marine research, 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.]
(15) 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).
(d) Powers.--To carry out the provisions of this title, the
Secretary may--
(1) appoint, assign the duties, transfer, and fix
the compensation of such personnel as may be necessary,
in accordance with the civil service laws; except that
[five positions] one position may be established
without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, but the pay rates for such positions may not
exceed [the maximum rate for GS-18 of the General
Schedule under section 5332] a rate established by the
Secretary, not to exceed the maximum daily rate payable
under section 5376 of such title;
* * * * * * *
(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 subsection (a) of this
section; 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) Qualifications.--The Secretary may designate an
institution of higher education 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 recognized for scientific excellence;
(2) is maintaining a balanced program of research,
education, training, and advisory services in fields
related to ocean, coastal, and Great Lakes resources;
(3) will cooperate with other sea grant
institutions and other persons to solve problems or
meet needs relating to ocean, coastal, and Great Lakes
resources;
(4) will act in accordance with such guidelines as
are prescribed under subsection (b)(2); and
(5) meets such other qualifications as the
Secretary, in consultation with the panel established
under section 209, 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)(5).
(2) Merit review.--Within 6 months of the date of
enactment of the National Sea Grant College Program
Reauthorization 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.
(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. 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] 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; 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;
(3) $56,500,000 for fiscal year 2000;
(4) $56,500,000 for fiscal year 2001; and
(5) $56,500,000 for fiscal year 2002.
For each of the fiscal years referred to in paragraphs (1)
through (5), $2,800,000 of the amount authorized by that
paragraph shall be available as provided in section
1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4741(b)(4)(A)) for
competitive grants for university research on the zebra mussel.
(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.
SEC. 213. SUNSET.
This Act is repealed, effective October 1, 2002.
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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.]
XVII. Committee Recommendations
On April 16, 1997, a quorum being present, the Committee
favorably reported the National Sea Grant College Program
Reauthorization Act of 1997, by a voice vote, and recommended
its enactment.