[House Report 110-701]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-701
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2008
_______
June 9, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 5618]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 5618) to reauthorize and amend the National Sea
Grant College Program Act, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Amendments Act of 2008''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided therein, 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. FINDINGS AND PURPOSE.
(a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is amended--
(1) by amending paragraph (1)(D) to read as follows:
``(D) encourage the development of preparation,
forecast, analysis, mitigation, response, and recovery
systems for coastal hazards;'';
(2) in paragraph (2) by striking ``program of research,
education,'' and inserting ``program of integrated research,
education, extension,''; and
(3) by striking paragraph (6) and inserting the following:
``(6) The National Ocean Research Priorities Plan and
Implementation Strategy issued by the National Science and
Technology Council's Joint Subcommittee on Ocean Science and
Technology on January 26, 2007, identifies research priorities
for compelling areas of interaction between society and the
ocean, and calls for the engagement of a broad array of ocean
science sectors (government, academia, industry, and non-
government entities) to address the areas of greatest research
need and opportunity.
``(7) The National Oceanic and Atmospheric Administration,
through the national sea grant college program, offers the most
suitable locus and means for such commitment and engagement
through the promotion of activities that will result in greater
such understanding, assessment, development, utilization, and
conservation. The most cost-effective way to promote such
activities is through continued and increased Federal support
of the establishment, development, and operation of programs
and projects by sea grant colleges, sea grant institutes, and
other institutions, including strong collaborations between
Administration scientists and research and outreach personnel
at academic institutions.''.
(b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended by
striking ``to promote research, education, training, and advisory
service activities'' and inserting ``to promote integrated research,
education, training, and extension activities''.
SEC. 4. DEFINITIONS.
(a) Amendments.--Section 203 (33 U.S.C. 1122) is amended--
(1) in paragraph (11) by striking ``advisory services'' and
inserting ``extension services'';
(2) in each of paragraphs (12) and (13) by striking ``(33
U.S.C. 1126)''; and
(3) by adding at the end the following:
``(17) The term `regional research and information plan'
means a plan developed by one or more sea grant colleges or sea
grant institutes that identifies regional priorities to
implement the National Ocean Research Priorities Plan and
Implementation Strategy.
``(18) The term `National Ocean Research Priorities Plan and
Implementation Strategy' means such plan and strategy issued by
the National Science and Technology Council's Joint
Subcommittee on Ocean Science and Technology on January 26,
2007.''.
(b) Repeal.--Section 307 of the Act entitled ``An Act to provide for
the designation of the Flower Garden Banks National Marine Sanctuary''
(Public Law 102-251; 106 Stat. 66) is repealed.
SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM, GENERALLY.
(a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) is
amended--
(1) by amending in paragraph (1) to read as follows:
``(1) sea grant programs that comprise a national sea grant
college program network, including international projects
conducted within such programs and regional and national
projects conducted among such programs;'';
(2) by amending paragraph (2) to read as follows:
``(2) administration of the national sea grant college
program and this title by the national sea grant office and the
Administration;''; and
(3) by amending paragraph (4) to read as follows:
``(4) any regional or national strategic investments in
fields relating to ocean, coastal, and Great Lakes resources
developed in consultation with the board and with the approval
of the sea grant colleges and the sea grant institutes.''.
(b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 1123(c)(2))
is amended by striking ``Within 6 months of the date of enactment of
the National Sea Grant College Program Reauthorization Act of 1998,
the'' and inserting ``The''.
(c) Functions of Director of National Sea Grant College Program.--
Section 204(d) (33 U.S.C. 1123(d)) is amended--
(1) in paragraph (2)(A), by striking ``long-range'';
(2) in paragraph (3)(A)--
(A) by striking ``(A)(i) evaluate'' and inserting
``(A) evaluate and assess'';
(B) by striking ``activities; and'' and inserting
``activities;''; and
(C) by striking clause (ii); and
(3) in paragraph (3)(B)--
(A) by redesignating clauses (ii) through (iv) as
clauses (iii) through (v), respectively, and by
inserting after clause (i) the following:
``(ii) encourage collaborations among sea
grant colleges and sea grant institutes to
address regional and national priorities
established under subsection (c)(1);''; and
(B) in clause (iii) (as so redesignated) by striking
``encourage'' and inserting ``ensuring''.
SEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS.
(a) Exemption From Limitation on Cost Share.--Section 205(a) (33
U.S.C. 1124(a)) is amended in the matter following paragraph (2), by
inserting ``or that are appropriated under section 208(b)'' before the
period at the end.
(b) Special Grants; Maximum Amount.--Section 205(b) (33 U.S.C.
1124(b)) is amended by striking the matter following paragraph (3) and
inserting the following:
``The total amount that may be provided for grants under this
subsection during any fiscal year shall not exceed an amount equal to 5
percent of the total funds appropriated for such year under section
212.''.
SEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT
INSTITUTES.
Section 207(a) (33 U.S.C. 1126(a)) is amended in each of paragraphs
(2)(B) and (3)(B) by striking ``advisory services'' and inserting
``extension services''.
SEC. 8. TECHNICAL CORRECTION RELATING TO FELLOWSHIPS.
Section 208(a) (33 U.S.C. 1127(a)) is amended by striking ``Not later
than 1 year after the date of the enactment of the National Sea Grant
College Program Act Amendments of 2002, and every 2 years thereafter,''
and inserting ``Every 2 years,''.
SEC. 9. NATIONAL SEA GRANT ADVISORY BOARD.
(a) Redesignation of Sea Grant Review Panel as Board.--
(1) Redesignation.--The sea grant review panel established by
section 209 of the National Sea Grant College Program Act (33
U.S.C. 1128), as in effect before the date of the enactment of
this Act, is redesignated as the National Sea Grant Advisory
Board.
(2) Membership not affected.--An individual serving as a
member of the sea grant review panel immediately before the
enactment of this Act may continue to serve as a member of the
National Sea Grant Advisory Board until the expiration of such
member's term under section 209(c) of such Act (33 U.S.C.
1128(c).
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to such
sea grant review panel is deemed to be a reference to the
National Sea Grant Advisory Board.
(4) Conforming amendments.--
(A) In general.--Section 209 (33 U.S.C. 1128) is
amended by striking so much as precedes subsection (b)
and inserting the following:
``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.
``(a) Establishment.--There shall be an independent committee to be
known as the National Sea Grant Advisory Board.''.
(B) Definition.--Section 203(9) (33 U.S.C. 1122(9))
is amended to read as follows:
``(9) The term `Board' means the National Sea Grant Advisory
Board established under section 209.'';
(C) Other provisions.--The following provisions are
each amended by striking ``panel'' each place it
appears and inserting ``Board'':
(i) Section 204 (33 U.S.C. 1123).
(ii) Section 207 (33 U.S.C. 1126).
(iii) Section 209 (33 U.S.C. 1128).
(b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended to read as
follows:
``(b) Duties.--
``(1) In general.--The Board shall advise the Secretary and
the Director concerning--
``(A) strategies for utilizing the sea grant college
program to address the Nation's highest priorities
regarding the understanding, assessment, development,
utilization, and conservation of ocean, coastal, and
Great Lakes resources;
``(B) the designation of sea grant colleges and sea
grant institutes; and
``(C) such other matters as the Secretary refers to
the Board for review and advice.
``(2) Biennial report.--The Board shall report to the
Congress every two years on the state of the national sea grant
college program. The Board shall indicate in each such report
the progress made toward meeting the priorities identified in
the strategic plan in effect under section 204(c). The
Secretary shall make available to the Board such information,
personnel, and administrative services and assistance as it may
reasonably require to carry out its duties under this title.''.
(c) Extension of Term.--Section 209(c)(2) (33 U.S.C. 1128(c)(2)) is
amended by striking the second sentence and inserting the following:
``The Director may extend the term of office of a voting member of the
Board once by up to 1 year.''.
(d) Establishment of Subcommittees.--Section 204(c) (33 U.S.C.
1123(c)) is amended by adding at the end the following:
``(8) The Board may establish such subcommittees as are
reasonably necessary to carry out its duties under subsection
(b). Such subcommittees may include individuals who are not
Board members.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 212(a) (33 U.S.C. 1131(a)) is amended to
read as follows:
``(a) Authorization.--There are authorized to be appropriated to the
Secretary to carry out this title--
``(1) $66,000,000 for fiscal year 2009;
``(2) $72,800,000 for fiscal year 2010;
``(3) $79,600,000 for fiscal year 2011;
``(4) $86,400,000 for fiscal year 2012;
``(5) $93,200,000 for fiscal year 2013; and
``(6) $100,000,000 for fiscal year 2014.''.
(b) Repeal of Distribution Requirement.--Section 212 (33 U.S.C. 1131)
is amended by striking subsection (c), and by redesignating subsections
(d) and (e) as subsections (c) and (d), respectively.
Purpose of the Bill
The purpose of H.R. 5618 is to reauthorize and amend the
National Sea Grant College Program Act, and for other purposes.
Background and Need for Legislation
The National Sea Grant College Program originally was
established in 1966 upon the enactment of the National Sea
Grant College Act (33 U.S.C. 1121-1131) with its goal to
improve marine resource conservation, management, and
utilization. The Act was last reauthorized by the National Sea
Grant College Program Act Amendments of 2002 (Public Law 107-
299), and the authorization of appropriations expires at the
end of Fiscal Year 2008.
The National Sea Grant College Program is patterned after
the Land Grant College System, which was created in 1862.
Though originally assigned to the National Science Foundation,
the National Sea Grant Office (NSGO) is now housed within the
National Oceanic and Atmospheric Administration (NOAA). Today,
``Sea Grant,'' as it is commonly called, reflects a nationwide
network of over 30 Sea Grant College programs comprised of
researchers, educators, and marine extension agents at some of
the nation's top academic institutions.
Sea Grant Colleges sponsor a wide range of applied and
basic marine science research, education, training, and
technical assistance programs promoting the understanding and
utilization of ocean, coastal and Great Lakes resources. Sea
Grant advisory and extension staff provide informal education
for the general public, disseminate research findings to user
groups, and communicate local needs and problems to Sea Grant
and other marine-related program managers and researchers.
The system also supports education and training through its
two fellowship programs, the John A. Knauss Marine Policy
Fellowship and the Sea Grant/NOAA Fisheries Graduate
Fellowship.
Sea Grant enjoys the input and support of the Sea Grant
Review Panel (Review Panel). This panel is made up of 15
members with marine science backgrounds or knowledge and
experience in the fields where Sea Grant works.
Sea Grant designation standards
To be designated a Sea Grant College, a candidate program
must demonstrate the following:
--a record of superior performance in marine resource
programs for a minimum of three years;
--well-developed relationships with the federal
government, state agencies, local authorities, business
and industry, and other educational institutions;
--a degree of productivity commensurate with the length
of its Sea Grant operations and the level of funding
under which it has worked; and an ability to obtain
matching funds from non-federal sources, such as state
legislatures and agencies, university management, and
business and industry.
Once designated, a Sea Grant program may compete for
federal grants for up to two-thirds of the total cost of a
project. At least one-third of the cost of a project must come
from non-federal matching funds.
Sea Grant Program development since 2002
The most significant developments over the past six years
pertain to Sea Grant's strategic planning and program
evaluation procedures. The National Sea Grant College Program
Act Amendments of 2002 directed NOAA to contract with the
National Research Council (NRC) to evaluate Sea Grant's process
of reviewing individual programs and recommend ways to improve
the overall effectiveness of the evaluation process to ensure
fairness, consistency, and enhancement of performance. In its
2006 report, the NRC noted that ``real improvements have
occurred'' in Sea Grant since changes were instituted after the
last NRC evaluation in 1994. The 2006 report recommended:
--strengthening the strategic planning process for the
individual programs;
--increasing the interaction between the NSGO and the
individual programs; and
--improving the program rating and ranking process
through annual assessments by the national office.
In addition, the report provided recommendations to improve
the independent reviews that are conducted on a four-year
cycle.
Sea Grant's response to the NRC report dovetailed with the
Bush administration's efforts to carry out the recommendations
of the U.S. Commission on Ocean Policy. The Administration's
2004 U.S. Ocean Action Plan called for the National Science and
Technology Council's Joint Subcommittee on Ocean Science and
Technology to prepare an Ocean Research Priorities Plan and
Implementation Strategy (Strategy). Issued in 2007 after
significant input from the ocean research community, the
Strategy established priorities for ocean science and
technology for the next decade. Using this new interagency
priorities plan for ocean science, NSGO and the Sea Grant
colleges nationwide have developed a new strategic plan that
links Sea Grant's priorities with the larger interagency
effort.
The realigned strategic planning effort, combined with the
improvements in the review process recommended by the National
Academy of Sciences, sets Sea Grant on a more strategic course
for the future.
Program enhancements
H.R. 5618, the National Sea Grant College Program Act
Amendments of 2008, would refine the Act to modestly expand and
clarify the scope and purposes of the National Sea Grant
College Program in accordance with this framework.
The bill would invigorate oversight and accountability by
expanding the responsibilities of the Review Panel, renaming
this panel the ``National Sea Grant Advisory Board'' to more
appropriately reflect a broader and ongoing responsibility on
behalf of Sea Grant. The Board would be charged with providing
advice to the Secretary of Commerce to ensure Sea Grant
activities are consistent with and supportive of national
objectives.
In addition, the bill would increase the percentage of
funds exempt from the non-federal match requirement from the
current 1% to 5%. Many Sea Grant programs address issues of
local as well as national concern. In the case of local Sea
Grant projects within states, the general match requirement is
appropriate. However, the match requirement makes it difficult
for Sea Grant to participate in joint competitive programs with
other NOAA offices or other federal agencies because of the
fact that incoming proposals for Sea Grant funding require a
match, while proposals from the other agencies often do not.
As indicated, the bill would amend Sea Grant program
performance review standards. While intended to improve
competition, the ranking system review requirements adopted as
part of the 2002 amendments have created a disincentive for
programs to work cooperatively or form partnerships.
Implementation of new, NRC-recommended measures for program
review, combined with planning to achieve continuous program
improvement, should ensure effective program assessments.
As the needs of our coastal communities have increased,
funding for the Sea Grant program to support these needs has
not kept pace. With the costs of research and education rising,
the near flat-funding of Sea Grant during the last few years
has forced programs to reduce a number of education and
outreach activities, leaving numerous high-quality research and
outreach projects unsupported. These growing needs juxtaposed
with the current budgetary landscape underpin the reasonable
and justifiable increases in authorized appropriations
reflected in H.R. 5618. Authorized funding levels would
increase incrementally from $66 million to $100 million for the
period between Fiscal Year 2009 through Fiscal Year 2014.
The National Sea Grant College Program has established an
impressive record over the course of its 42-year history. H.R.
5618 builds on the experience of the Sea Grant Association, the
Review Panel, NSGO, and Sea Grant's national network of
stakeholders to strengthen this important extramural marine
science and outreach program.
Committee Action
H.R. 5618 was introduced on March 13, 2008 by Subcommittee
on Fisheries, Wildlife and Oceans Chairwoman Madeleine Z.
Bordallo (D-GU). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Fisheries, Wildlife and Oceans. The Subcommittee on
Fisheries, Wildlife and Oceans heard the bill on April 3, 2008.
Supportive testimony was received by all witnesses including
the Administration.
The Subcommittee on Fisheries, Wildlife and Oceans met to
consider H.R. 5618 on April 23rd. It was recommended to the
Full Committee by unanimous consent with an en bloc amendment,
offered by Chairwoman Bordallo, which made three technical
changes to H.R. 5618. The amendment corrected two drafting
errors and clarified that only the Dean John A. Knauss Marine
Policy Fellowship Program would be exempted from the statute's
matching requirement.
On April 30, 2008, the Natural Resources Committee met to
consider the committee print of the bill as forwarded by the
Fisheries, Wildlife and Oceans Subcommittee. The bill, as
amended, was ordered favorably reported to the House of
Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 cites this Act as the ``National Sea Grant
College Program Amendments Act of 2008.''
Section 2. References
Section 2 clarifies that all amendment references in the
legislation are to the National Sea Grant College Program Act
(33 U.S.C. 1121 et seq.).
Section 3. Findings and purposes
Section 3 amplifies the extension aspects of the Sea Grant
program and cites the relevance of the National Ocean Research
Priorities Plan and Implementation Strategy to the Sea Grant
Program.
Section 4. Definitions
Section 4 defines key terms included within the text of the
proposed legislation, including ``regional research and
information plan'' and ``National Ocean Research Priorities
Plan and Implementation Strategy'' where they appear in the
bill.
Section 5. National Sea Grant College Program, generally
Section 5 makes minor amendments to the Sea Grant program
and augments the functions of the Director of the National Sea
Grant College Program to include encouraging collaborations
among Sea Grant colleges and institutions. Section 5 also
amends the Sea Grant program performance review standards.
Adopted as part of the 2002 amendments, the review requirements
have had the unintended consequence of creating a disincentive
for programs to work cooperatively or form partnerships.
Implementation of new measures for program review combined with
policies aimed at advancing ``continuous program improvement''
should ensure effective program assessments.
Section 6. Program or project grants and contracts
Section 6 exempts the Dean John A. Knauss Marine Policy
Fellowship Program from having to match grant awards in order
to achieve parity between fellows placed in Congressional
offices with those fellows placed in federal agencies.
This section also increases the percentage of funds exempt
from the non-federal match requirement from the current 1% to
5%.
Section 7. Extension services by Sea Grant Colleges and Sea Grant
Institutes
Section 7 clarifies that one of the requirements for
designation includes an extension program (as opposed to an
``advisory service'').
Section 8. Technical correction relating to fellowships
This section updates the statutory language requiring a
report every two years on efforts to include minority and
economically disadvantaged students.
Section 9. National Sea Grant Advisory Board
Section 9 expands the responsibilities of the National Sea
Grant Review Panel, renaming the panel as the ``National Sea
Grant Advisory Board'' to more appropriately and accurately
describe its purpose and function.
Section 10. Authorization of appropriations
Section 10 authorizes funding levels from $66 million to
$100 million for the period between Fiscal Year 2009 through
Fiscal Year 2014.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural 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 this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B)
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 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to reauthorize and amend the National
Sea Grant College Program Act.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget
Office:
H.R. 5618--National Sea Grant College Program Amendments Act of 2008
Summary: H.R. 5618 would authorize funding for the national
sea grant program, which is administered by the National
Oceanic and Atmospheric Administration (NOAA). Assuming
appropriation of the authorized amounts, CBO estimates that
spending for the program from those appropriations would total
$316 million over the 2009-2013 period, in addition to $51
million from funding provided in previous years. An additional
$182 million would be spent after 2013, including $100 million
authorized to be appropriated for 2014. Enacting H.R. 5618
would not affect direct spending or revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 5618 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2008 2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
Spending for Sea Grants Under Current Law:
Budget Authority \1\.................................. 57 0 0 0 0 0
Estimated Outlays..................................... 55 40 11 0 0 0
Proposed Changes:
Authorization Level................................... 0 66 73 80 86 93
Estimated Outlays..................................... 0 20 55 74 80 87
Spending for Sea Grants Under H.R. 5618:
Authorization Level \1\............................... 57 66 73 80 86 93
Estimated Outlays..................................... 55 60 66 74 80 87
----------------------------------------------------------------------------------------------------------------
\1\ The 2008 level is the amount appropriated for that year for the sea grants program.
Basis of estimate: H.R. 5618 would authorize the
appropriation of $498 million, including $398 million over the
2009-2013 period and $100 million for fiscal year 2014, for the
national sea grant program. Those amounts are used by NOAA for
grants, fellowships, and related administrative functions under
the program. For this estimate, CBO assumes that all amounts
authorized by H.R. 5618 will be appropriated by the start of
each fiscal year and that outlays will follow historical
spending patterns for the sea grants program.
Intergovernmental and private-sector impact: H.R. 5618
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The bill would benefit public universities
by reauthorizing the national sea grant program, which provides
grants to institutions of higher education. Any costs that
state, local, or tribal governments might incur, including
providing matching funds, would result from complying with
conditions of aid.
Estimate prepared by: Federal cost: Deborah Reis; Impact on
state, local, and tribal governments: Neil Hood; Impact on the
private sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 5618 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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. 202. DECLARATION OF POLICY.
(a) Findings.--The Congress finds and declares the following:
(1) The national interest requires a strategy to--
(A) * * *
* * * * * * *
[(D) encourage the development of forecast
and analysis systems for coastal hazards;]
(D) encourage the development of preparation,
forecast, analysis, mitigation, response, and
recovery systems for coastal hazards;
* * * * * * *
(2) Investment in a strong [program of research,
education,] program of integrated research, education,
extension, training, technology transfer, and public
service is essential for this strategy.
* * * * * * *
[(6) The National Oceanic and Atmospheric
Administration, through the national sea grant college
program, offers the most suitable locus and means for
such commitment and involvement through the promotion
of activities that will result in greater such
understanding, assessment, development, utilization,
and conservation. The most cost-effective way to
promote such activities is through continued and
increased Federal support of the establishment,
development, and operation of programs and projects by
sea grant colleges, sea grant institutes, and other
institutions, including strong collaborations between
Administration scientists and scientists at academic
institutions.]
(6) The National Ocean Research Priorities Plan and
Implementation Strategy issued by the National Science
and Technology Council's Joint Subcommittee on Ocean
Science and Technology on January 26, 2007, identifies
research priorities for compelling areas of interaction
between society and the ocean, and calls for the
engagement of a broad array of ocean science sectors
(government, academia, industry, and non-government
entities) to address the areas of greatest research
need and opportunity.
(7) The National Oceanic and Atmospheric
Administration, through the national sea grant college
program, offers the most suitable locus and means for
such commitment and engagement through the promotion of
activities that will result in greater such
understanding, assessment, development, utilization,
and conservation. The most cost-effective way to
promote such activities is through continued and
increased Federal support of the establishment,
development, and operation of programs and projects by
sea grant colleges, sea grant institutes, and other
institutions, including strong collaborations between
Administration scientists and research and outreach
personnel at academic institutions.
* * * * * * *
(c) Purpose.--It is the purpose of the Congress to achieve
the objective of this title by extending and strengthening the
national sea grant program, initially established in 1966, [to
promote research, education, training, and advisory service
activities] to promote integrated research, education,
training, and extension activities in fields related to ocean,
coastal, and Great Lakes resources.
SEC. 203. DEFINITIONS.
As used in this title--
(1) * * *
* * * * * * *
[(9) The term ``panel'' means the sea grant review
panel established under section 209.]
(9) The term ``Board'' means the National Sea Grant
Advisory Board established under section 209.
* * * * * * *
(11) The term ``project'' means any individually
described activity in a field related to ocean,
coastal, and Great Lakes resources involving research,
education, training, or [advisory services] extension
services administered by a person with expertise in
such a field.
(12) The term ``sea grant college'' means any
institution, or any association or alliance of two or
more such institutions, designated as such by the
Secretary under section 207 [(33 U.S.C. 1126)] of this
Act.
(13) The term ``sea grant institute'' means any
institution, or any association or alliance of two or
more such institutions, designated as such by the
Secretary under section 207 [(33 U.S.C. 1126)] of this
Act.
* * * * * * *
(17) The term ``regional research and information
plan'' means a plan developed by one or more sea grant
colleges or sea grant institutes that identifies
regional priorities to implement the National Ocean
Research Priorities Plan and Implementation Strategy.
(18) The term ``National Ocean Research Priorities
Plan and Implementation Strategy'' means such plan and
strategy issued by the National Science and Technology
Council's Joint Subcommittee on Ocean Science and
Technology on January 26, 2007.
SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) * * *
(b) Program Elements.--The national sea grant college program
shall consist of the financial assistance and other activities
authorized in this title, and shall provide support for the
following elements--
[(1) sea grant programs which comprise a national sea
grant college program network, including international
projects conducted within such programs;
[(2) administration of the national sea grant college
program and this title by the national sea grant
office, the Administration, and the panel;]
(1) sea grant programs that comprise a national sea
grant college program network, including international
projects conducted within such programs and regional
and national projects conducted among such programs;
(2) administration of the national sea grant college
program and this title by the national sea grant office
and the Administration;
* * * * * * *
[(4) any national strategic investments in fields
relating to ocean, coastal, and Great Lakes resources
developed with the approval of the panel, the sea grant
colleges, and the sea grant institutes.]
(4) any regional or national strategic investments in
fields relating to ocean, coastal, and Great Lakes
resources developed in consultation with the board and
with the approval of the sea grant colleges and the sea
grant institutes.
(c) Responsibilities of the Secretary.--
(1) The Secretary, in consultation with the [panel]
Board, sea grant colleges, and sea grant institutes,
shall develop at least every 4 years a strategic plan
that establishes priorities for the national sea grant
college program, provides an appropriately balanced
response to local, regional, and national needs, and is
reflective of integration with the relevant portions of
the strategic plans of the Department of Commerce and
of the Administration.
(2) [Within 6 months of the date of enactment of the
National Sea Grant College Program Reauthorization Act
of 1998, the] The Secretary, in consultation with the
[panel] Board, sea grant colleges, and sea grant
institutes, shall establish guidelines related to the
activities and responsibilities of sea grant colleges
and sea grant institutes. Such guidelines shall include
requirements for the conduct of merit review by the sea
grant colleges and sea grant institutes of proposals
for grants and contracts to be awarded under section
205, providing, at a minimum, for standardized
documentation of such proposals and peer review of all
research projects.
* * * * * * *
(8) The Board may establish such subcommittees as are
reasonably necessary to carry out its duties under
subsection (b). Such subcommittees may include
individuals who are not Board members.
(d) Director of the National Sea Grant College Program.--
(1) * * *
(2) Subject to the supervision of the Secretary, the
Director shall administer the national sea grant
college program and oversee the operation of the
national sea grant office. In addition to any other
duty prescribed by law or assigned by the Secretary,
the Director shall--
(A) facilitate and coordinate the development
of a [long-range] strategic plan under
subsection (c)(1);
* * * * * * *
(3) With respect to sea grant colleges and sea grant
institutes, the Director shall--
(A)[(i) evaluate] evaluate and assess the
performance of the programs of sea grant
colleges and sea grant institutes, using the
priorities, guidelines, and qualifications
established by the Secretary under subsection
(c), and determine which of the programs are
the best managed and carry out the highest
quality research, education, extension, and
training [activities; and] activities;
[(ii) rate the programs according to their
relative performance (as determined under
clause (i)) into no less than 5 categories,
with each of the 2 best-performing categories
containing no more than 25 percent of the
programs;]
(B) subject to the availability of
appropriations, allocate funding among sea
grant colleges and sea grant institutes so as
to--
(i) * * *
(ii) encourage collaborations among
sea grant colleges and sea grant
institutes to address regional and
national priorities established under
subsection (c)(1);
[(ii) encourage] (iii) ensuring
successful implementation of sea grant
programs;
[(iii)] (iv) to the maximum extent
consistent with other provisions of
this Act, provide a stable base of
funding for sea grant colleges and
institutes; and
[(iv)] (v) encourage and promote
coordination and cooperation between
the research, education, and outreach
programs of the Administration and
those of academic institutions; and
* * * * * * *
SEC. 205. CONTRACTS AND GRANTS.
(a) In General.--The Secretary may make grants and enter into
contracts under this subsection to assist any sea grant program
or project if the Secretary finds that such program or project
will--
(1) * * *
* * * * * * *
The total amount paid pursuant to any such grant or contract
may equal 66\2/3\ percent, or any lesser percent, of the total
cost of the sea grant program or project involved; except that
this limitation shall not apply in the case of grants or
contracts paid for with funds accepted by the Secretary under
section 204(c)(4)(F) or that are appropriated under section
208(b).
(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) * * *
* * * * * * *
(3) the same or equivalent benefit cannot be obtained
through the award of a contract or grant under
subsection (a).
[The total amount which may be provided for grants under this
subsection during any fiscal year shall not exceed an amount
equal to 1 percent of the total funds appropriated for such
year pursuant to section 212.]
The total amount that may be provided for grants under this
subsection during any fiscal year shall not exceed an amount
equal to 5 percent of the total funds appropriated for such
year under section 212.
* * * * * * *
SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
(a) Designation.--
(1) A sea grant college or sea grant institute shall
meet the following qualifications--
(A) * * *
* * * * * * *
(F) meet such other qualifications as the
Secretary, in consultation with the [panel]
Board, considers necessary or appropriate.
(2) The Secretary may designate an institution, or an
association or alliance of two or more such
institutions, as a sea grant college if the
institution, association, or alliance--
(A) * * *
(B) maintains a program of research,
[advisory services] extension services,
training, and education in fields related to
ocean, coastal, and Great Lakes resources.
(3) The Secretary may designate an institution, or an
association or alliance of two or more such
institutions, as a sea grant institute if the
institution, association, or alliance--
(A) * * *
(B) maintains a program which includes, at a
minimum, research and [advisory services]
extension services.
* * * * * * *
(d) Duties.--Subject to any regulations prescribed or
guidelines established by the Secretary, it shall be the
responsibility of each sea grant college and sea grant
institute--
(1) to develop and implement, in consultation with
the Secretary and the [panel] Board, a program that is
consistent with the guidelines and priorities
established under section 204(c); and
* * * * * * *
SEC. 208. FELLOWSHIPS.
(a) In General.--To carry out the educational and training
objectives of this Act, the Secretary shall support a program
of fellowships for qualified individuals at the graduate and
post-graduate level. The fellowships shall be related to ocean,
coastal, and Great Lakes resources and awarded pursuant to
guidelines established by the Secretary. The Secretary shall
strive to ensure equal access for minority and economically
disadvantaged students to the program carried out under this
subsection. [Not later than 1 year after the date of the
enactment of the National Sea Grant College Program Act
Amendments of 2002, and every 2 years thereafter,] Every 2
years, the Secretary shall submit a report to the Congress
describing the efforts by the Secretary to ensure equal access
for minority and economically disadvantaged students to the
program carried out under this subsection, and the results of
such efforts.
* * * * * * *
[SEC. 209. SEA GRANT REVIEW PANEL.
[(a) Establishment.--There shall be established an
independent committee to be known as the sea grant review
panel.
[(b) Duties.--The Panel shall advise the Secretary and the
Director concerning--
[(1) applications or proposals for, and performance
under, grants and contracts awarded under section 205 ;
[(2) the sea grant fellowship program;
[(3) the designation and operation of sea grant
colleges and sea grant institutes, and the operation of
sea grant programs;
[(4) the formulation and application of the planning
guidelines and priorities under section 204(a) and
(c)(1); and
[(5) such other matters as the Secretary refers to
the panel for review and advice.
The Secretary shall make available to the panel such
information, personnel, and administrative services and
assistance as it may reasonably require to carry out its
duties.]
SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.
(a) Establishment.--There shall be an independent committee
to be known as the National Sea Grant Advisory Board.
(b) Duties.--
(1) In general.--The Board shall advise the Secretary
and the Director concerning--
(A) strategies for utilizing the sea grant
college program to address the Nation's highest
priorities regarding the understanding,
assessment, development, utilization, and
conservation of ocean, coastal, and Great Lakes
resources;
(B) the designation of sea grant colleges and
sea grant institutes; and
(C) such other matters as the Secretary
refers to the Board for review and advice.
(2) Biennial report.--The Board shall report to the
Congress every two years on the state of the national
sea grant college program. The Board shall indicate in
each such report the progress made toward meeting the
priorities identified in the strategic plan in effect
under section 204(c). The Secretary shall make
available to the Board such information, personnel, and
administrative services and assistance as it may
reasonably require to carry out its duties under this
title.
(c) Membership, Terms, and Powers.--(1) The [panel] Board
shall consist of 15 voting members who shall be appointed by
the Secretary. The Director and a director of a sea grant
program who is elected by the various directors of sea grant
programs shall serve as nonvoting members of the [panel] Board.
Not less than 8 of the voting members of the [panel] Board
shall be individuals who, by reason of knowledge, experience,
or training, are especially qualified in one or more of the
disciplines and fields included in marine science. The other
voting members shall be individuals who, by reason of
knowledge, experience, or training, are especially qualified
in, or representative of, education, marine affairs and
resource management, 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]
Board if the individual is (A) the director of a sea grant
college or sea grant institute; (B) an applicant for, or
beneficiary (as determined by the Secretary) of, any grant or
contract under section 205; or (C) a full-time officer of
employee of the United States.
(2) The term of office of a voting member of the [panel]
Board shall be 3 years for a member appointed before the date
of enactment of the National Sea Grant College Program Act
Amendments of 2002, and 4 years for a member appointed or
reappointed after the date of enactment of the National Sea
Grant College Program Act Amendments of 2002. The Director may
extend the term of office of a voting member of the [panel]
Board appointed before the date of enactment of the National
Sea Grant College Program Act Amendments of 2002 by up to 1
year. At least once each year, the Secretary shall publish a
notice in the Federal Register soliciting nominations for
membership on the [panel] Board.
(3) Any individual appointed to a partial or full term may be
reappointed for one addition full term. [A voting member may
serve after the date of the expiration of the term of office
for which appointed until his or her successor has taken
office.] The Director may extend the term of office of a voting
member of the Board once by up to 1 year.
(4) The [panel] Board shall select one voting member to serve
as the Chairman and another voting member to serve as the Vice
Chairman. The Vice Chairman shall act as Chairman in the
absence or incapacity of the Chairman.
(5) Voting members of the [panel] Board shall--
(A) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable
under section 5376 of title 5, United States Code, when
actually engaged in the performance of duties for such
[panel] Board; and
(B) be reimbursed for actual and reasonable expenses
incurred in the performance of such duties.
(6) The [panel] Board shall meet on a biannual basis and, at
any other time, at the call of the Chairman or upon the request
of a majority of the voting members or of the Director.
(7) The [panel] Board may exercise such powers as are
reasonably necessary in order to carry out its duties under
subsection (b).
* * * * * * *
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
[(a) Authorization.--
[(1) In general.--There are authorized to be
appropriated to the Secretary to carry out this title--
[(A) $60,000,000 for fiscal year 2003;
[(B) $75,000,000 for fiscal year 2004;
[(C) $77,500,000 for fiscal year 2005;
[(D) $80,000,000 for fiscal year 2006;
[(E) $82,500,000 for fiscal year 2007; and
[(F) $85,000,000 for fiscal year 2008.
[(2) Priority activities.--In addition to the amounts
authorized under paragraph (1), there are authorized to
be appropriated for each of fiscal years 2003 through
2008--
[(A) $5,000,000 for competitive grants for
university research on the biology and control
of zebra mussels and other important aquatic
nonnative species;
[(B) $5,000,000 for competitive grants for
university research on oyster diseases, oyster
restoration, and oyster-related human health
risks;
[(C) $5,000,000 for competitive grants for
university research on the biology, prevention,
and forecasting of harmful algal blooms,
including Pfiesteria piscicida; and
[(D) $3,000,000 for competitive grants for
fishery extension activities conducted by sea
grant colleges or sea grant institutes to
enhance, and not supplant, existing core
program funding.]
(a) Authorization.--There are authorized to be appropriated
to the Secretary to carry out this title--
(1) $66,000,000 for fiscal year 2009;
(2) $72,800,000 for fiscal year 2010;
(3) $79,600,000 for fiscal year 2011;
(4) $86,400,000 for fiscal year 2012;
(5) $93,200,000 for fiscal year 2013; and
(6) $100,000,000 for fiscal year 2014.
* * * * * * *
[(c) Distribution of Funds.--In any fiscal year in which the
appropriations made under subsection (a)(1) exceed the amounts
appropriated for fiscal year 2003 for the purposes described in
such subsection, the Secretary shall distribute any excess
amounts (except amounts used for the administration of the sea
grant program) to any combination of the following:
[(1) sea grant programs, according to their rating
under section 204(d)(3)(A);
[(2) national strategic investments authorized under
section 204(b)(4);
[(3) a college, university, institution, association,
or alliance for activities that are necessary for it to
be designated as a sea grant college or sea grant
institute; and
[(4) a sea grant college or sea grant institute
designated after the date of enactment of the National
Sea Grant College Program Act Amendments of 2002 but
not yet evaluated under section 204(d)(3)(A).]
[(d)] (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 307 OF THE ACT OF MARCH 9, 1992
(Public Law 102-251)
AN ACT to provide for the designation of the Flower Garden Banks
National Marine Sanctuary.
[NATIONAL SEA GRANT COLLEGE PROGRAM
[Sec. 307. (a) Definitions.--Section 203(6) of the National
Sea Grant College Program Act (33 U.S.C. 1122(6)) is amended--
[(1) by striking ``and'' at the end of subparagraph
(E);
[(2) by redesignating subparagraph (F) as
subparagraph (G); and
[(3) by inserting immediately after subparagraph (E)
the following new subparagraph:
[``(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''.
[(b) International Program.--Section 3(a)(6) of the Sea Grant
Program Improvement Act of 1976 (33 U.S.C. 1124a(a)(6))
is amended by inserting ``and special areas'' immediately after
``exclusive economic zone''.]