**SEC. 201. SHORT TITLE.**

This title may be cited as the \'National Sea Grant College Program
Act\'. (33 U.S.C. 1121 note.)

**SEC. 202. CONGRESSIONAL DECLARATION OF POLICY. (33 U.S.C. 1121)**

\(a\) [Findings]{.smallcaps}.---The Congress finds *~~and declares the
following:~~ that---*

\(1\) The national interest requires a strategy to---

> \(A\) provide for the understanding *~~and wise use~~* of ocean,
> coastal, and Great Lakes resources and the environment;
>
> \(B\) foster economic competitiveness *through wise development and
> use of the coastal ocean and its margins, the Great Lakes, and the
> Exclusive Economic Zone*;
>
> \(C\) promote public stewardship *~~and wise economic development of
> the coastal ocean and its margin, the Great Lakes, and the exclusive
> economic zone~~ of ocean, coastal, and Great Lakes resources and the
> environment*;
>
> \(D\) encourage the development of forecast*, ~~and~~* analysis*,
> preparation, mitigation, response and recovery* systems for coastal
> hazards;
>
> \(E\) understand global environmental processes *and their potential
> impact on ocean, coastal, and Great Lakes resources*; and
>
> \(F\) promote domestic and international cooperative solutions to
> ocean, coastal, and Great Lakes issues.
>
> \(2\) Investment in a strong program of *integrated* research,
> education, *extension,*

training, technology transfer, and public service is essential for this
strategy.

> \(3\) The expanding use and development of ocean, coastal, and Great
> Lakes
>
> resources resulting from growing coastal area populations and the
> increasing pressures on the coastal and Great Lakes environment
> challenge the ability of the United States to manage such resources
> wisely.
>
> \(4\) The vitality of the Nation and the quality of life of its
> citizens depend increasingly on the understanding, assessment,
> development, utilization, and conservation of ocean, and coastal, and
> Great Lakes resources. These resources supply food, energy, and
> minerals*,* and contribute to human health, the quality of the
> environment, national security, and the enhancement of commerce.
>
> \(5\) The understanding, assessment, development, utilization, and
> conservation of such resources require a broad commitment and an
> intense involvement on the part of the Federal Government in
> continuing partnership with State and local governments, *regional
> organizations,* private industry, universities, organizations, and
> individuals concerned with or affected by ocean, and coastal, and
> Great Lakes resources.
>
> \(6\) The National Oceanic and Atmospheric Administration, through the
> national sea grant college program, offers the most suitable locus and
> means for such commitment and ~~*involvement*~~ *engagement* through
> the promotion of activities that will result in *such* 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.

\(b\) [Objective]{.smallcaps}.---The objective of this title is to
increase the understanding, assessment, development, utilization, and
conservation of the Nation\'s ocean, coastal, and Great Lakes resources
by providing assistance to promote a strong educational base, responsive
research and training activities, broad and prompt dissemination of
knowledge and techniques, and multidisciplinary approaches to
environmental problems.

\(c\) [Purpose]{.smallcaps}.---It is the *~~purpose~~* *intent* of
*~~the~~* Congress to achieve the objective of this title by extending
and strengthening the national sea grant college program, initially
established in 1966, to promote *integrated* research, education,
training, and *~~advisory service~~ extension* activities in fields
related to ocean, coastal, and Great Lakes resources.

**SEC. 203. DEFINITIONS. (33 U.S.C. § 1122)**

As used in this title---

\(1\) The term "Administration" means the National Oceanic and
Atmospheric Administration.

*(2) The term "board" means the national sea grant advisory board
established under section 209.*

*~~(2)~~ (3)* The term "Director" means the Director of the national sea
grant college program, appointed pursuant to section 204(d).

*~~(3)~~ (4)* The term "director of a sea grant college" means a person
designated by his or her institution to direct a sea grant college or
sea grant institute.

*~~(4)~~ (5)* *The term "extension" means the effective transfer of
science-based information by university specialists and agents to
support decision-making by individuals, groups or institutions.*

*(6)* The term "field related to ocean, coastal, and Great Lakes
resources" means any discipline or field, including marine affairs,
resource management, technology, education or science, which is
concerned with or likely to improve the understanding, assessment,
development, utilization, or conservation of ocean, coastal, and Great
Lakes resources.

*~~(5)~~ (7)* The term "institution" means any public or private
institution of higher education, institute, laboratory, or State or
local agency.

*~~(6)~~ (8)* The term "includes" and variants thereof should be read as
if the phrase "but is not limited to" were also set forth.

*~~(7)~~ (9)* The term "ocean, coastal, and Great Lakes resources" means
the resources that are located in, derived from, or traceable to, the
seabed, subsoil, and waters of---

> \(A\) the coastal zone, as defined in section 304(1) of the Coastal
> Zone Management Act (16 U.S.C. **§** 1453(1));

\(B\) the Great Lakes;

> \(C\) Lake Champlain (to the extent that such resources have
> hydrological, biological, physical, or geological characteristics and
> problems similar or related to those of the Great Lakes);

\(D\) the territorial sea;

\(E\) the Exclusive Economic Zone;

\(F\) the Outer Continental Shelf; and

> \(G\) the high seas.

*~~(8)~~ (10)* The term "resource" means---

> \(A\) living resources (including natural and cultured plant life,
> fish, shellfish, marine mammals, and wildlife);
>
> \(B\) nonliving resources (including energy sources, minerals, and
> chemical substances);
>
> \(C\) the habitat of a living resource, the coastal space, the
> ecosystems, the nutrient-rich areas, and the other components of the
> marine environment that contribute to or provide (or which are capable
> of contributing to or providing) recreational, scenic, esthetic,
> biological, habitational, commercial, economic, or conservation
> values; and
>
> \(D\) man-made, tangible, intangible, actual, or potential resources.

*~~(9) The term "panel" means the sea grant review panel established
under section 209.~~*

*~~(10)~~ (11)* The term "person" means any individual; any public or
private corporation, partnership, or other association or entity
(including any sea grant college, sea grant institute or other
institute); or any State, political subdivision of a State, or agency or
officer thereof.

*~~(11)~~ (12)* 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* administered by a person with expertise in such a field.

*~~(12)~~ (13)* 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 of this Act.

*~~(13)~~ (14)* 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 of this Act.

*~~(14)~~ (15)* The term "sea grant program" means a program of research
and outreach which is administered by one or more sea grant colleges or
sea grant institutes.

*~~(15)~~ (16)* The term "Secretary" means the Secretary of Commerce,
acting through the Under Secretary of Commerce for Oceans and
Atmosphere.

*~~(16)~~ (17)* 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.

**SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM. (33 U.S.C. 1123)**

\(a\) [Program Maintenance.]{.smallcaps}---The Secretary shall maintain
within the Administration a program to be known as the national sea
grant college program. The national sea grant college program shall be
administered by a national sea grant office within the Administration.

\(b\) [Program Elements.]{.smallcaps}---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~~ partnerships between individual programs that are
> encouraged at the regional and national level*;
>
> \(2\) administration of the national sea grant college program and
> this title by the national sea grant office*~~,~~ and* the
> Administration*~~, and the panel~~*;

*(3) the national sea grant advisory board;*

> *~~(3)~~ (4)* the fellowship program under section 208; *~~and~~*
>
> *~~(4)~~ (5)* any *regional or* national strategic investments in
> fields relating to ocean, coastal, and Great Lakes resources developed
> *~~with the approval of the panel,~~ in consultation with the board,*
> the sea grant colleges, and the sea grant institutes*; and*
>
> *(6) international activities, including efforts to assist foreign
> nations in the application of knowledge and technology to support
> sustainable forms of coastal and marine resource development and
> conservation.*
>
> \(c\) [Responsibilities of the Secretary.]{.smallcaps}---
>
> \(1\) 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 Administration's other coastal and ocean
> programs and* 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*, and shall review the guidelines every 4 years*.
> Such guidelines shall include requirements for the conduct of merit
> review by the sea grant colleges and sea grant institutes of proposals
> for grants and contracts to be awarded under section 205, providing,
> at a minimum, for standardized documentation of such proposals and
> peer review of all research projects.
>
> \(3\) The Secretary shall by regulation prescribe the qualifications
> required for designation of sea grant colleges and sea grant
> institutes under section 207.
>
> \(4\) To carry out the provisions of this title, the Secretary may---
>
> \(A\) appoint, assign the duties, transfer, and fix the compensation
> of such personnel as may be necessary, in accordance with civil
> service laws;
>
> \(B\) make appointments with respect to temporary and intermittent
> services to the extent authorized by section 3109 of title 5, United
> States Code;
>
> \(C\) publish or arrange the publication of, and otherwise
> disseminate, in cooperation with other offices and programs in the
> Administration and without regard to section 501 of title 44, United
> States Code, any information of research, educational, training or
> other value in fields related to ocean, coastal, or Great Lakes
> resources;
>
> \(D\) enter into contracts, cooperative agreements, and other
> transactions without regard to section 5 of title 41, United States
> Code;
>
> \(E\) notwithstanding section 1342 of title 31, United States Code,
> accept donations and voluntary and uncompensated services;
>
> \(F\) accept funds from other Federal departments and agencies,
> including agencies within the Administration, to pay for and add to
> grants made and contracts entered into by the Secretary; and
>
> \(G\) promulgate such rules and regulations as may be necessary and
> appropriate.

\(d\) [Director of the National Sea Grant College
Program.]{.smallcaps}---

> \(1\) The Secretary shall appoint, as the Director of the national sea
> grant college program, a qualified individual who has appropriate
> administrative experience and knowledge or expertise in fields related
> to ocean, coastal, and Great Lakes resources. *~~The Director shall be
> appointed and compensated, without regard to the provisions of title
> 5, United States Code, governing appointments in the competitive
> service, at a rate payable under section 5376 of title 5, United
> States Code.~~*
>
> \(2\) Subject to the supervision of the Secretary, the Director shall
> administer the national sea grant college program and oversee the
> operation of the national sea grant office. In addition to any other
> duty prescribed by law or assigned by the Secretary, the Director
> shall---
>
> \(A\) facilitate and coordinate the development of a long-range
> strategic plan under subsection (c)(1);
>
> \(B\) advise the Secretary with respect to the expertise and
> capabilities which are available within or through the national sea
> grant college program and encourage the use of such expertise and
> capabilities, on a cooperative or other basis, by other offices and
> activities within the Administration, and other Federal departments
> and agencies;
>
> \(C\) advise the Secretary on the designation of sea grant colleges
> and sea grant institutes, and, if appropriate, on the termination or
> suspension of any such designation; and
>
> \(D\) encourage the establishment and growth of sea grant programs,
> and cooperation and coordination with other Federal activities in
> fields related to ocean, coastal, and Great Lakes resources.
>
> \(3\) With respect to sea grant colleges and sea grant institutes, the
> Director shall---
>
> \(A\) *~~(i)~~* evaluate *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~~*
>
> *~~(ii) rate the programs according to their relative performance (as
> determined under clause (i)) into no less than 5 categories, with each
> of the 2 best-performing categories containing no more than 25 percent
> of the programs;~~*
>
> \(B\) subject to the availability of appropriations, allocate funding
> among sea grant colleges and sea grant institutes so as to---
>
> \(i\) promote healthy competition among sea grant colleges and
> institutes;
>
> *(ii) stimulate partnerships among sea grant colleges and institutes,
> and with other programs within the Administration, to address
> priorities identified in national and regional research and
> information plans;*
>
> *~~(ii)~~ (iii)* encourage successful implementation of sea grant
> programs;
>
> *~~(iii)~~ (iv) provide,* to the maximum extent consistent with other
> provisions of this Act, ~~provide~~ a stable base of funding for sea
> grant colleges and institutes; and
>
> ~~(iv)~~ (v) encourage and promote coordination and cooperation
> between the research, education, and outreach programs of the
> Administration and those of academic institutions; and
>
> \(C\) ensure compliance with the guidelines for merit review under
> subsection (c)(2).

**SEC. 205. CONTRACTS AND GRANTS. (33 U.S.C. § 1124)**

\(a\) [Authorization; Purposes; Limitation on Amount.]{.smallcaps}---The
Secretary may make grants and enter into contracts under this subsection
to assist any sea grant program or project if the Secretary finds that
such program or project will---

> \(1\) implement the objective set forth in section 202(b); and
>
> \(2\) be responsive to the needs or problems of individual States*,*
> *~~or~~* regions*, or the Nation*.

The total amount paid pursuant to any such grant or contract may equal
66 2/3 percent, or any lesser percent, of the total cost of the sea
grant program or project involved; except that this limitation shall not
apply in the case of grants or contracts paid for with funds accepted by
the Secretary under section 204(c)(F).

\(b\) [Special Grants; Maximum Amount; Prerequisites.]{.smallcaps}---The
Secretary may make special grants under this subsection to implement the
objective set forth in section 202(b). The amount of any such grant may
equal 100 percent, or any lesser percent, of the total cost of the
project involved. No grant may be made under this subsection unless the
Secretary finds that---

> \(1\) no reasonable means is available through which the applicant can
> meet the matching requirement for a grant under subsection (a);
>
> \(2\) the probable benefit of such project outweighs the public
> interest in such matching requirement; and
>
> \(3\) the same or equivalent benefit cannot be obtained through the
> award of a contract or grant under subsection (a).

The total amount which may be provided for grants under this
subsection*, and subsection 208(b),* during any fiscal year shall not
exceed an amount equal to *~~1~~ 5* percent of the total funds
appropriated for such year pursuant to section 212.

*(c) [Regional and National Partnerships.]{.smallcaps}---* *The
Secretary may make grants and enter into contracts under this section to
support Regional and National Partnerships. Regional and National
Partnerships are cooperative projects involving sea grant programs
working together or with any local, State, tribal, regional, or Federal
Governmental entity or entities, or non-governmental organizations to
apply a regional approach to solving problems or meeting needs relating
to ocean, Great Lakes, and coastal resources. National Partnerships must
involve two or more sea grant programs. With the exception of Alaska,
Hawaii, and Puerto Rico, Regional Partnerships must involve two or more
sea grant programs. The amount of any such grant may equal 100 percent,
or any lesser percent, of the total cost of the project involved. The
total amount which may be provided for grants under this subsection
during any fiscal year shall not exceed an amount equal to 25 percent of
the total funds appropriated for such year pursuant to section 212.*

*(d) [Interagency Cooperation.---]{.smallcaps}The Secretary may transfer
funds appropriated for such year pursuant to section 212, to other
Federal departments and agencies, including agencies within the
Administration, to pay for and add to activities that will assist any
sea grant program or project supported under this section.*

*~~(c)~~ (e)* [Eligibility and Procedure.]{.smallcaps}---Any person may
apply to the Secretary for a grant or contract under this section.
Application shall be made in such form and manner, and with such content
and other submissions, as the Secretary shall by regulation prescribe.
The Secretary shall act upon each such application within 6 months after
the date on which all required information is received.

*~~(d)~~ (f)* [Terms and Conditions.]{.smallcaps}---

> \(1\) Any grant made, or contract entered into, under this section
> shall be subject to the limitations and provisions set forth in
> paragraphs (2), (3), and (4) and to such other terms, conditions, and
> requirements as the Secretary deems necessary or appropriate. Terms,
> conditions, and requirements imposed by the Secretary under this
> paragraph shall minimize any requirement of prior Federal approval.
>
> \(2\) No payment under any grant or contract under this section may be
> applied to---
>
> \(A\) the purchase or rental of any land; or
>
> \(B\) the purchase, rental, construction, preservation, or repair of
> any building, dock, or vessel;
>
> except that payment under any such grant or contract may be applied to
> the short-term rental of buildings or facilities for meetings which
> are in direct support of any sea grant program or project and may, if
> approved by the Secretary, be applied to the purchase, rental,
> construction, preservation, or repair of non-self-propelled habitats,
> buoys, platforms, and other similar devices or structures, or to the
> rental of any research vessel which is used in direct support of
> activities under any sea grant program or project.
>
> \(3\) The total amount which may be obligated for payment pursuant to
> grants made to, and contracts entered into with, persons under this
> section*, except subsection (c),* within any one State in any fiscal
> year shall not exceed an amount equal to 15 percent of the total funds
> appropriated for such year pursuant to section 212.
>
> \(4\) Any person who receives or utilizes any proceeds of any grant or
> contract under this section shall keep such records as the Secretary
> shall by regulation prescribe as being necessary and appropriate to
> facilitate effective audit and evaluation, including records which
> fully disclose the amount and disposition by such recipient of such
> proceeds, the total cost of the program or project in connection with
> which such proceeds were used, and the amount, if any, of such cost
> which was provided through other sources. Such records shall be
> maintained for 3 years after the completion of such a program or
> project. The Secretary and the Comptroller General of the United
> States, or any of their duly authorized representatives, shall have
> access, for the purpose of audit and evaluation, to any books,
> documents, papers, and records of receipts which, in the opinion of
> the Secretary or of the Comptroller General, may be related or
> pertinent to such grants and contracts.

**SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA. (33
U.S.C. § 1126)**

\(a\) [Designation]{.smallcaps}.---

> \(1\) A sea grant college or sea grant institute shall meet the
> following qualifications---
>
> \(A\) have an existing broad base of competence in fields related to
> ocean, coastal, and Great Lakes resources;
>
> \(B\) make a long-term commitment to the objective in section 202(b),
> as determined by the Secretary;
>
> \(C\) cooperate with other sea grant colleges and institutes and other
> persons to solve problems or meet needs relating to ocean, coastal,
> and Great Lakes resources;
>
> \(D\) have received financial assistance under section 205 of this
> title (33 U.S.C. **§** 1124);
>
> \(E\) be recognized for excellence in fields related to ocean,
> coastal, and Great Lakes resources (including marine resources
> management and science), as determined by the Secretary; and
>
> \(F\) meet such other qualifications as the Secretary, in consultation
> with the *~~panel~~ board*, considers necessary or appropriate.
>
> \(2\) The Secretary may designate an institution, or an association or
> alliance of two or more such institutions, as a sea grant college if
> the institution, association, or alliance---

\(A\) meets the qualifications in paragraph (1); and

> \(B\) maintains a program of research, *~~advisory services~~
> extension*, 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 institutions, as a sea grant institute if the
> institution, association, or alliance---

\(A\) meets the qualifications in paragraph (1); and

> \(B\) maintains a program which includes, at a minimum, research and
> *~~advisory services~~ extension*.

\(b\) [Existing Designees.]{.smallcaps}---Any institution, or
association or alliance of two or more such institutions, designated as
a sea grant college or awarded institutional program status by the
Director prior to the date of enactment of the National Sea Grant
College Program Reauthorization Act of 1998, shall not have to reapply
for designation as a sea grant college or sea grant institute,
respectively, after the date of enactment of the National Sea Grant
College Program Reauthorization Act of 1998, if the Director determines
that the institution, or association or alliance of institutions, meets
the qualifications in subsection (a).

\(c\) [Suspension or Termination of Designation.]{.smallcaps}---The
Secretary may, for cause and after an opportunity for hearing, suspend
or terminate any designation under subsection (a).

\(d\) [Duties.]{.smallcaps}---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~~*, a program that is consistent with the guidelines
> and priorities established under section 204(c); and
>
> \(2\) to conduct a merit review of all proposals for grants and
> contracts to be awarded under section 205.

\(e\) [Annual Report on Progress.]{.smallcaps}---

> \(1\) [Report requirement.]{.smallcaps}---The Secretary shall report
> annually to the Committee on Resources and the Committee on Science
> *and Technology* of the House of Representatives, and to the Committee
> on Commerce, Science, and Transportation of the Senate, on efforts and
> progress made by colleges, universities, institutions, associations,
> and alliances to become designated under this section as sea grant
> colleges or sea grant institutes, including efforts and progress made
> by sea grant institutes in being designated as sea grant colleges.
>
> \(2\) [Territories and freely associated states.]{.smallcaps}---The
> report shall include description of---
>
> \(A\) efforts made by colleges, universities, associations,
> institutions, and alliances in United States territories and freely
> associated States to develop the expertise necessary to be designated
> as a sea grant institute or sea grant college;
>
> \(B\) the administrative, technical, and financial assistance provided
> by the Secretary to those entities seeking to be designated; and
>
> \(C\) the additional actions or activities necessary for those
> entities to meet the qualifications for such designation under
> subsection (a)(1).

**SEC. 208. SEA GRANT FELLOWSHIPS. (33 U.S.C. § 1127)**

\(a\) [In General.]{.smallcaps}---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
enactment of the National Sea Grant College Program Act Amendments of
2002, and every 2 years thereafter, the Secretary shall submit a report
to the Congress describing the efforts by the Secretary to ensure equal
access for minority and economically disadvantaged students to the
program carried out under this subsection, and the results of such
efforts.

\(b\) [Dean John A. Knauss Marine Policy Fellowship.]{.smallcaps}---The
Secretary may award marine policy fellowships to support the placement
of individuals at the graduate level of education in fields related to
ocean, coastal, and Great Lakes resources in positions with the
executive and legislative branches of the United States Government. A
fellowship awarded under this subsection shall be for a period not more
than 1 year *and is not subject to Federal cost share requirements*.

**SEC. 209. NATIONAL SEA GRANT** *~~REVIEW PANEL~~ **ADVISORY
BOARD*****. (33 U.S.C. §** **1128)**

\(a\) [Establishment.]{.smallcaps}---There shall be established an
independent committee to be known as the *national* sea grant *~~review
panel~~ advisory board*.

\(b\) [Duties.]{.smallcaps}---

> \(1\) The *~~panel~~ board* 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;~~*
>
> *(A) strategies utilizing the national 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 and the environment;*
>
> *~~(3)~~ (B)* 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)~~ (C)* such other matters as the Secretary *or the Director*
> refers to the *~~panel~~ board* for review and advice.
>
> *(2) The board will participate in assessments of sea grant colleges,
> sea grant institutes, or sea grant programs as requested by the
> Director. The board shall report to the Congress every 4 years on the
> state of the national sea grant college program and shall indicate the
> progress made toward meeting the priorities identified in the national
> sea grant strategic plan.* The Secretary shall make available to the
> *~~panel~~ board* such information, personnel, and administrative
> services and assistance as it may reasonably require to carry out its
> duties.

\(c\) [Membership, Terms, and Powers.]{.smallcaps}---

> \(1\) *[In General.---]{.smallcaps}*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,
> *land use and coastal management,* extension ~~services~~, State
> government, industry, economics, planning, or any other activity which
> is appropriate to, and important for, any effort to enhance the
> understanding, assessment, development, utilization, or conservation
> of ocean, coastal, and Great Lakes resources.
>
> *[(2) Eligibility.---]{.smallcaps}*No individual is eligible to be a
> voting member of the *~~panel~~ board* if the individual is---
>
> \(A\) the director of a sea grant college or sea grant institute;
>
> \(B\) an applicant for, or beneficiary (as determined by the
> Secretary) of, any grant or contract under section 205; or
>
> \(C\) a full-time officer or employee of the United States.
>
> *[~~(2)~~ (3) Term Limits.---]{.smallcaps}*
>
> *[(A)]{.smallcaps}* The term of office of a voting member of the
> *~~panel~~ board* shall be *~~3~~ 4* years. *~~for a member appointed
> before the date of enactment of the National Sea Grant College Program
> Act Amendments of 2002, and 4 years for a member appointed or
> reappointed after the date of enactment of the National Sea Grant
> College Program Act Amendments of 2002. The Director may extend the
> term of office of a voting member of the panel appointed before the
> date of enactment of the National Sea Grant College Program Act
> Amendments of 2002, by up to 1 year.~~* At least once each year, the
> Secretary shall publish a notice in the *Federal Register* soliciting
> nominations for membership on the *~~panel~~ board*.
>
> *~~(3)~~ (B)* Any individual appointed to a partial or full term may
> be reappointed for one additional full term. A voting member may serve
> after the date of the expiration of the term of office for which
> appointed until his or her successor has taken office.
>
> \(4\) The *~~panel~~ board* shall select one voting member to serve as
> the Chairman and another voting member to serve as the Vice Chairman.
> The Vice Chairman shall act as Chairman in the absence or incapacity
> of the Chairman.
>
> \(5\) Voting members of the *~~panel~~ board* shall---
>
> \(A\) receive *~~compensation at~~* a rate of *basic pay* 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)*,
> including the establishment of subcommittees, which may include
> members external to the board*.

**SEC. 210. INTERAGENCY COOPERATION. (33 U.S.C. § 1129)**

Each department, agency, or other instrumentality of the Federal
Government which is engaged in or concerned with, or which has authority
over, matters relating to ocean, coastal, and Great Lakes resources---

\(1\) may, upon a written request from the Secretary, make available, on
a reimbursable basis or otherwise any personnel (with their consent and
without prejudice to their position and rating), service, or facility
which the Secretary deems necessary to carry out any provision of this
title;

\(2\) shall, upon a written request from the Secretary, furnish any
available data or other information which the Secretary deems necessary
to carry out any provisions of this title; and

\(3\) shall cooperate with the Administration and duly authorized
officials thereof.

**SEC. 212. AUTHORIZATION FOR APPROPRIATIONS. (33 U.S.C. § 1131)**

*~~(a) [Authorization.]{.smallcaps}---~~*

> *~~(1) [In General.]{.smallcaps}---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]{.smallcaps}---In addition to the amount
> 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, not supplant, existing core program funding.~~*
>
> *(a) There are authorized to be appropriated to the Secretary
> \$55,000,000 in fiscal year*

*2009 and such sums thereafter as may be necessary for purposes of
carrying out the provisions of this Act for each of fiscal years 2010
through 2015.*

> \(b\) [Limitations.]{.smallcaps}---
>
> ~~(1) [Administration]{.smallcaps}.---~~There may not be used for
> administration of programs under this title in a fiscal year more than
> *~~5~~ 7* percent of the lesser of---
>
> \(1\) ~~(A)~~ the amount authorized to be appropriated under this
> title for the fiscal year; or
>
> \(2\) ~~(B)~~ the amount appropriated under this title for the fiscal
> year.
>
> *~~(2) [Use for other offices or programs]{.smallcaps}.---Sums
> appropriated under the authority of subsection (a)(2) shall not be
> available for administration of this title by the National Sea Grant
> Office, for any other Administration or department program, or for any
> other administrative expenses.~~*

\(c\) [Distribution of Funds.]{.smallcaps}---In any fiscal year in which
the appropriations made under subsection (a)*~~(1)~~* exceed the amounts
appropriated for fiscal year 2003 for the purposes described in such
subsection, the Secretary shall distribute any excess amounts (except
amounts used for the administration of the sea grant program) to any
combination of the following:

> \(1\) sea grant programs, according to their *~~rating under section
> 204(d)(3)(A)~~ performance assessment*;
>
> \(2\) *regional or* national strategic investments authorized under
> section 204(b)*~~(4)~~ (5)*;
>
> \(3\) a college, university, institution, association, or alliance for
> activities that are necessary for it to be designated as a sea grant
> college or sea grant institute; and
>
> \(4\) a sea grant college or sea grant institute designated after the
> date of enactment of the National Sea Grant College Program Act
> Amendments of 2002 but not yet evaluated under section 204(d)(3)(A).

\(d\) [Availability of Sums.]{.smallcaps}---Sums appropriated pursuant
to this section shall remain available until expended.

\(e\) [Reversion of Unobligated Amounts.]{.smallcaps}---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 is 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 made
under the section for which the reverted amount was originally made
available.

*~~SEC. 9. COORDINATION (33 U.S.C. 857-20)~~*

*~~Not later than February 15 of each year, the Under Secretary of
Commerce for Oceans and Atmosphere and the Director of the National
Science Foundation shall jointly submit to the Committees on Resources
and Science of the House of Representatives and the Committee on
Commerce, Science and Transportation of the Senate a report on how the
oceans and coastal research activities of the National Oceanic and
Atmospheric Administration, including the Coastal Ocean Program and the
National Sea Grant College Program, and of the National Science
Foundation will be coordinated during the fiscal year following the
fiscal year in which the report is submitted. The report shall describe
in detail any overlapping ocean and coastal research interests between
the agencies and specify how such research interests will be pursued by
the programs in a complementary manner.~~*