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[Senate Report 110-508]
[From the U.S. Government Publishing Office]

110th Congress 
 2d Session                      SENATE                          Report
                                                                110-508
_______________________________________________________________________

                                     

                                                      Calendar No. 1091

       NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2008

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3160

                                     

   September 25 (legislative day September 17), 2008.--Ordered to be 
                                printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West         KAY BAILEY HUTCHISON, Texas
    Virginia                         TED STEVENS, Alaska
JOHN F. KERRY, Massachusetts         JOHN McCAIN, Arizona
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DeMINT, South Carolina
MARK L. PRYOR, Arkansas              DAVID VITTER, Louisiana
THOMAS R. CARPER, Delaware           JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri           ROGER F. WICKER, Mississippi
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel
                                                      Calendar No. 1091
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-508

======================================================================

 
       NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2008

                                _______
                                

  September 25 (legislative day, September 17), 2008.--Ordered to be 
                                printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 3160]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3160) to reauthorize and amend 
the National Sea Grant College Program Act, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                          Purpose of the Bill

  The purpose of S. 3160, the National Sea Grant College 
Program Amendments Act of 2008, is to reauthorize the National 
Sea Grant College Program Act and strengthen the National Sea 
Grant Program to promote integrated research, education, 
training, and extension service activities related to ocean, 
coastal, and Great Lakes resources.

                          Background and Needs

  The National Sea Grant College Program Act of 1966 created 
the National Sea Grant College Program (Sea Grant), modeled 
after the existing Land Grant College System. Sea Grant is a 
partnership between the National Oceanic and Atmospheric 
Administration (NOAA), universities, coastal and Great Lakes 
states, industry, and 300 partner institutions that addresses 
national, regional, and local coastal, ocean, and Great Lakes 
issues. Sea Grant produces a wide range of applied and basic 
scientific research and provides education, training, and 
technical assistance programs that promote the understanding 
and utilization of ocean, coastal, and Great Lakes resources. 
The National Sea Grant College Program Act has been 
reauthorized nine times, most recently in 2002.
  The National Sea Grant Office (NSGO) within NOAA provides 
oversight for the individual state programs, coordinates 
national competitions and initiatives, and directs regional 
collaboration between individual state programs. The NSGO has 
identified four national priorities affecting all coastal and 
Great Lakes areas. These national priorities are: (1) Healthy 
coastal ecosystems; (2) sustainable coastal development; (3) 
safe and sustainable seafood supply; and (4) hazard resilience 
in coastal communities. Sea Grant aims to increase their 
partnerships throughout the NOAA and with other government and 
non-government agencies to address these issues. Regional 
collaboration is an important component of Sea Grant's efforts 
to address national priorities, which often extend beyond 
individual state borders.
  The NSGO is responsible for the establishment of new Sea 
Grant programs. Establishing a Sea Grant College program is a 
sequential process that occurs over a period of time. The NSGO 
first provides funding for a specific project or series of 
projects. Programs that have demonstrated success in research 
and outreach over time through these projects are eligible to 
become Sea Grant Institutes. Once an Institute has developed 
solid partnerships with Federal, state, and local governments 
and other stakeholders and demonstrated the ability to obtain 
matching funds it can be elevated to the level of a Sea Grant 
College. Sea Grant Colleges have broad responsibilities for 
state, regional, and national activities and engage all of the 
institutions of higher learning in a state. Currently there are 
32 university-based programs including Sea Grant Colleges and 
Sea Grant Institutes that represent every coastal and Great 
Lakes state, as well as the territory of Puerto Rico.
  The NSGO benefits from the advisory services of the Sea Grant 
Review Panel. The Review Panel is an independent committee 
consisting of 15 members from academia and industry with 
expertise in the fields where Sea Grant works. The Review Panel 
was established by legislation in 1976 to review research 
directives of state programs and to advise the Secretary of 
Commerce and the Director of the NSGO regarding grant 
proposals, national priorities, and the designation and 
operation of Sea Grant programs.
  The 2002 reauthorization of the National Sea Grant College 
Program Act called for a National Research Council (NRC) report 
on the process by which individual Sea Grant programs were 
being evaluated. The report, ``Evaluation of the Sea Grant 
Program Review Process,'' was released in 2006. The NRC report 
recommended strengthening planning and coordination at the 
national and individual program level and improving the program 
evaluation process. The NRC report recommended that the NSGO 
evaluate programs based on their successes in meeting the 
objectives of individual, state specific strategic plans.
  The National Sea Grant College Program Act Amendments of 2002 
created a new system that ranked programs according to their 
relative performance and further required that a portion of the 
funding they receive be based on the programs' relative 
rankings. Programs are divided into five categories based on 
their performance with each category receiving a different 
level of merit funding. Currently, no more than 25 percent of 
the programs can be placed within each of the two best 
performing categories, which receive the highest levels of 
merit funding. This ranking system had the unintended 
consequence of increasing competition and decreasing 
cooperation between programs.
  Additionally, the NRC report highlighted the lack of NSGO 
oversight and evaluation of the state programs and called for 
the NSGO and the Review Panel to carry out meaningful, ongoing 
assessments of the individual programs. The NRC report also 
called for increased strategic planning at the national and 
program level.

                         Summary of Provisions

  The National Sea Grant College Program Amendments Act of 2008 
would reauthorize the National Sea Grant College Program Act 
through fiscal year (FY) 2014. The bill would place an 
increased emphasis on collaboration among state Sea Grant 
programs, specifically at the regional level.
  The bill would replace the current rating system. Programs 
would be evaluated based on metrics related to their strategic 
plans that incorporate local, regional, and national 
priorities. Merit funding would be allocated according to the 
ability of each program to meet the objectives of its own 
strategic plan.
  The bill would exempt five percent of grants from requiring a 
33 and 1/3 percent match from external funds. Under current 
law, the NSGO can exempt one percent of Federal funding from 
this match requirement. This change would allow for increased 
cooperative efforts with other offices within the NOAA as well 
as with other Federal agencies. Additionally, the National Sea 
Grant College Program Amendments Act of 2008 would exempt Dean 
John A. Knauss Marine Policy Fellowships from this matching 
requirement. This fellowship places current and recent graduate 
students in fields related to ocean, coastal, and Great Lakes 
resources in positions throughout the legislative and executive 
branch of the government. Sea Grant does not have to provide 
matching funds for fellows placed in the executive branch 
because they are considered special grants that are already 
exempted from this requirement. However, the state Sea Grant 
programs do have to procure matching funds for fellows placed 
in the legislative branch, which diverts funds away from that 
state's programming. The exemption for legislative fellows will 
allow for both fellowship types to be viewed equally by the 
NSGO and the state programs.
  The National Sea Grant College Program Amendments Act of 2008 
would elevate the Review Panel to the status of an Advisory 
Board. This change in status would expand the responsibilities 
of the Review Panel allowing for increased oversight over the 
program to strengthen planning and coordination and ensure that 
efforts are consistent with national objectives.
  Finally, the bill would authorize appropriations of $100 
million for FY 2009, $105 million for FY 2010, $110 million for 
FY 2011, $115 million for FY 2012, $120 million for FY 2013, 
and $125 million for FY 2014. Increased appropriations would be 
used to increase regional and interagency coordination, provide 
for the growth of small and new programs, provide additional 
funding for the NSGO, and allow for the program as a whole to 
sustain ongoing research, education, and outreach efforts.

                          Legislative History

  S. 3160 was introduced in the Senate on June 19, 2008, by 
Senator Inouye and is co-sponsored by Senators Stevens, 
Cantwell, Snowe, and Kerry. The bill was referred to the 
Committee on Commerce, Science, and Transportation. On June 24, 
2008, the Committee considered the bill in an open executive 
session. The Committee, without objection, ordered S. 3160 
reported.
  Staff assigned to this legislation are Kristen Sarri, 
Democratic Professional Staff, and Todd Bertoson, Republican 
Senior Counsel.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 1, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3160, the National 
Sea Grant College Program Amendments Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Tyler 
Kruzich.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).

S. 3160--National Sea Grant College Program Amendments Act of 2008

    Summary: S. 3160 would authorize funding for the national 
sea grant program, which is administered by the National 
Oceanic and Atmospheric Administration (NOAH). Assuming 
appropriation of the authorized amounts, CBO estimates that 
spending for the program from those appropriations would total 
$445 million over the 2009-2013 period. An additional $230 
million would be spent after 2013, including $125 million 
authorized to be appropriated. for 2014. Enacting S. 3160 would 
not affect direct spending or revenues.
    S. 3160 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 3160 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2009     2010     2011     2012     2013   2009-2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................      100      105      110      115      120       550
Estimated Outlays.......................................       30       82      106      111      116       445
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: S. 3160 would authorize the 
appropriation of $675 million, including $550 million over the 
2009-2013 period and $125 million for fiscal year 2014, for the 
national sea grant program. Those amounts would be used by NOAA 
for grants, fellowships, and related administrative functions 
under the program. For this estimate, CBO assumes that all 
amounts authorized by S. 3160 will be appropriated near the 
start of each fiscal year and that outlays will follow 
historical spending patterns for the sea grants program. In 
2008, $57 million was appropriated for this program.
    Intergovernmental and private-sector impact: S. 3160 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The bill would benefit public universities 
by reauthorizing the national sea grant college program, which 
provides grants to improve marine resource conservation, 
management, and utilization. Any costs state, local, or tribal 
governments might incur, including matching funds, would result 
from complying with conditions of aid.
    Previous estimate: On May 6, 2008, CBO transmitted a cost 
estimate for H.R. 5618, the National Sea Grant College Program 
Amendments Act of 2008 as ordered reported by the House 
Committee on Natural Resources on April 30, 2008. On June 27, 
2008, CBO transmitted a cost estimate for H.R. 5618 as ordered 
reported by the House Committee on Science and Technology on 
June 25, 2008. Both of those versions of the bill would 
authorize the appropriation of $389 million over the 2009-2013 
period and $100 million, in 2004, while S. 3160 would authorize 
the appropriation of $550 million and $125 million respectively 
over the same periods.
    Estimate prepared by: Federal Cost: Tyler Kruzith; Impact 
on State, Local, and Tribal Governments: Neil Hood; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The reported bill would not authorize any new regulations and 
therefore will not subject any individuals or businesses to new 
regulations.

                            ECONOMIC IMPACT

  The bill, as reported, is expected to have a positive impact 
on the nation's economy by benefitting public universities and 
improving marine resource conservation, management, and 
utilization.

                                PRIVACY

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  The reported bill would not increase paperwork requirements 
for the private sector. The bill would require the National Sea 
Grant Advisory Panel to produce a biennial report on the state 
of the National Sea Grant College Program.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that the 
bill does not contain any congressionally directed spending 
items under the rule.

                      Section-by-Section Analysis

Section 1. Short title

  This section would title the Act as the ``National Sea Grant 
College Program Amendments Act of 2008.''

Section 2. References

  This section would clarify that amendments and repeals in 
this Act are made to the National Sea Grant College Program Act 
(33 U.S.C. 1121 et seq.).

Section 3. Findings and purposes

  This section would amend the findings and purposes section of 
the National Sea Grant College Program Act to address the 
importance of preparing for, mitigating, responding to, and 
recovering from coastal hazards and understanding global 
environmental processes and their impacts on ocean, coastal, 
and Great Lakes resources; to highlight the importance of 
investing in a program that provides integrated research and 
extension services; to increase focus on the need to manage 
ocean, coastal, and Great Lakes resources; and to encourage 
work with both research and outreach personnel at academic 
institutions.

Section 4. Definitions

  This section would amend the National Sea Grant College 
Program Act to define the term ``regional research and 
information plans'' as plans developed by one or more Sea Grant 
Colleges or Sea Grant Institutes that identify regional 
priorities. This section also would amend the National Sea 
Grant College Program Act to replace the term ``advisory 
services'' with ``extension services'' within the definition of 
``project.''

Section 5. National Sea Grant College Program

  This section would direct the Secretary of Commerce to 
provide support for national and regional projects, bringing 
increased focus to regional efforts. This section would remove 
the need for approval of these projects by the Review Panel and 
require that the Advisory Board be consulted. This section 
would require the Director of the National Sea Grant College 
Program (Director) to evaluate and assess the performance of 
Sea Grant Colleges and Institutes and replace the system that 
required ranking the programs under strict guidelines with a 
merit-based evaluation process. This section also would require 
the Director to encourage collaboration among Sea Grant 
Colleges and Institutes and ensure successful implementation of 
Sea Grant programs.

Section 6. Program or project grants and contracts

  This section would exempt 5 percent of grants, rather than 1 
percent under current law, from requiring a 33 and \1/3\ 
percent match from external funds. Dean John A. Knauss Marine 
Policy Fellowships would be excluded from this requirement.

Section 7. Extension services by Sea Grant Colleges and Sea Grant 
        Institutes

  This section would replace the term ``advisory services'' 
with ``extension services'' in section 207(a) of the National 
Sea Grant College Program Act regarding designation of Sea 
Grant Colleges and Institutes.

Section 8. Technical correction relating to fellowships

  This section would clarify that Dean John A. Knauss Marine 
Policy Fellowships would be excluded from requiring a 33 and 
\1/3\ percent match from external funds.

Section 9. National Sea Grant Advisory Board

  This section would redesignate the Sea Grant Review Panel as 
an Advisory Board and require the Board to advise the Secretary 
of Commerce and the Director of the National Sea Grant College 
Program regarding national priorities and the designation of 
Sea Grant Colleges and Institutes, and to provide the Congress 
with a report on the status of the program every two years. 
Current membership would not be affected by the transformation 
of the Review Panel to an Advisory Board. This section also 
would allow for one year extensions of the terms of Board 
members. This section would allow experts in coastal management 
to be considered for positions on the Board. This section would 
authorize the formation of subcommittees, which could include 
individuals who are not Board members. Finally, this section 
would define the term ``Board'' to be the National Sea Grant 
Advisory Board established under this section.

Section 10. Authorization of appropriations

  This section would authorize appropriations of $100 million 
for FY 2009, $105 million for FY 2010, $110 million for FY 
2011, $115 million for FY 2012, $120 million for FY 2013, and 
$125 million for FY 2014. This section also would require that 
funds that exceed amounts appropriated in FY 2003 be used to 
provide additional funding to programs according to their 
performance assessments, for regional and national strategic 
investments, for the designation of new Sea Grant Colleges and 
Institutes, and for the building up of recently designated 
programs.

Section 11. Repeal of annual coordination report requirement

  This section would repeal the requirement for a joint report 
by the Under Secretary of Commerce for Oceans and Atmosphere 
and the Director of the National Science Foundation.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                 NATIONAL SEA GRANT COLLEGE PROGRAM ACT

SEC. 202. CONGRESSIONAL DECLARATION OF POLICY.

                            [33 U.S.C. 1121]

  (a) Findings.--The Congress finds and declares the following:
          (1) The national interest requires a strategy to--
                  (A) provide for the understanding and wise 
                use of ocean, coastal, and Great Lakes 
                resources and the environment;
                  (B) foster economic competitiveness;
                  (C) promote public stewardship and wise 
                economic development of the coastal ocean and 
                its margins, the Great Lakes, and the exclusive 
                economic zone;
                  [(D) encourage the development of forecast 
                and analysis systems for coastal hazards;
                  [(E) understand global environmental 
                processes; and]
                  (D) encourage the development of preparation, 
                forecast, analysis, mitigation, response, and 
                recovery systems for coastal hazards;
                  (E) understand global environmental processes 
                and their impacts on ocean, coastal, and Great 
                Lakes resources; and
                  (F) promote domestic and international 
                cooperative solutions to ocean, coastal, and 
                Great Lakes issues.
          (2) Investment in a strong [program of research, 
        education,] program of integrated research, education, 
        extension, training, technology transfer, and public 
        service is essential for this strategy.
          (3) The expanding use and development of ocean, 
        coastal, and Great Lakes resources resulting from 
        growing coastal area populations and the increasing 
        pressures on the coastal and Great Lakes environment 
        challenge the ability of the United States to manage 
        such resources wisely.
          (4) The vitality of the Nation and the quality of 
        life of its citizens depend increasingly on the 
        understanding, assessment, development, [utilization] 
        management, and conservation of ocean, coastal, and 
        Great Lakes resources. These resources supply food, 
        energy, and minerals and contribute to human health, 
        the quality of the environment, national security, and 
        the enhancement of commerce.
          (5) The understanding, assessment, development, 
        [utilization] management, and conservation of such 
        resources require a broad commitment and an intense 
        involvement on the part of the Federal Government in 
        continuing partnership with State and local 
        governments, private industry, universities, 
        organizations, and individuals concerned with or 
        affected by ocean, coastal, and Great Lakes resources.
          [(6) The National Oceanic and Atmospheric 
        Administration, through the national sea grant college 
        program, offers the most suitable locus and means for 
        such commitment and involvement through the promotion 
        of activities that will result in greater such 
        understanding, assessment, development, utilization, 
        and conservation. The most cost-effective way to 
        promote such activities is through continued and 
        increased Federal support of the establishment, 
        development, and operation of programs and projects by 
        sea grant colleges, sea grant institutes, and other 
        institutions, including strong collaborations between 
        Administration scientists and scientists at academic 
        institutions.]
          (6) The National Oceanic and Atmospheric 
        Administration, through the national sea grant college 
        program, offers the most suitable locus and means for 
        such commitment and engagement through the promotion of 
        activities that will result in greater such 
        understanding, assessment, development, management, and 
        conservation of ocean, coastal, and Great Lakes 
        resources. The most cost-effective way to promote such 
        activities is through continued and increased Federal 
        support of the establishment, development, and 
        operation of programs and projects by sea grant 
        colleges, sea grant institutes, and other institutions, 
        including strong collaborations between Administration 
        scientists and research and outreach personnel at 
        academic institutions.
  (b) Objective.--The objective of this title is to increase 
the understanding, assessment, development, [utilization] 
management, and conservation of the Nation's ocean, coastal, 
and Great Lakes resources by providing assistance to promote a 
strong educational base, responsive research and training 
activities, broad and prompt dissemination of knowledge and 
techniques, and multidisciplinary approaches to environmental 
problems.
  (c) Purpose.--It is the purpose of the Congress to achieve 
the objective of this title by extending and strengthening the 
national sea grant program, initially established in 1966, [to 
promote research, education, training, and advisory service 
activities] to promote integrated research, education, 
training, and extension services and activities in fields 
related to ocean, coastal, and Great Lakes resources.

SEC. 203. DEFINITIONS.

                            [33 U.S.C. 1122]

  As used in this title--
          (1) The term ``Administration'' means the National 
        Oceanic and Atmospheric Administration.
          (2) The term ``Director'' means the Director of the 
        national sea grant college program, appointed pursuant 
        to section 204(b).
          (3) the term ``director of a sea grant college'' 
        means a person designated by his or her institution to 
        direct a sea grant college or sea grant institute.
          (4) The term ``field related to ocean, coastal, and 
        Great Lakes resources'' means any discipline or field, 
        including marine affairs, resource management, 
        technology, education, or science, which is concerned 
        with or likely to improve the understanding, 
        assessment, development, [utilization,] management, or 
        conservation of ocean, coastal, or Great Lakes 
        resources.
          (5) The term ``institution'' means any public or 
        private institution of higher education, institute, 
        laboratory, or State or local agency.
          (6) The term ``includes'' and variants thereof should 
        be read as if the phrase ``but is not limited to'' were 
        also set forth.
          (7) The term ``ocean, coastal, and Great Lakes 
        resources'' means the resources that are located in, 
        derived from, or traceable to, the seabed, subsoil, and 
        waters of--
                  (A) the coastal zone, as defined in section 
                304(1) of the Coastal Zone Management Act (16 
                U.S.C. 1453(1));
                  (B) the Great Lakes;
                  (C) Lake Champlain (to the extent that such 
                resources have hydrological, biological, 
                physical, or geological characteristics and 
                problems similar or related to those of the 
                Great Lakes);
                  (D) the territorial sea;
                  (E) the exclusive economic zone;
                  (F) the Outer Continental Shelf;
                  (G) the high seas.
          (8) The term ``resource'' means--
                  (A) living resources (including natural and 
                cultured plant life, fish, shellfish, marine 
                mammals, and wildlife);
                  (B) nonliving resources (including energy 
                sources, minerals, and chemical substances);
                  (C) the habitat of a living resource, the 
                coastal space, the ecosystems, the nutrient-
                rich areas, and the other components of the 
                marine environment that contribute to or 
                provide (or which are capable of contributing 
                to or providing) recreational, scenic, 
                esthetic, biological, habitational, commercial, 
                economic, or conservation values; and
                  (D) man-made, tangible, intangible, actual, 
                or potential resources.
          [(9) The term ``panel'' means the sea grant review 
        panel established under section 209.]
          (9) The term ``Board'' means the National Sea Grant 
        Advisory Board established under section 209.
          (10) The term ``person'' means any individual; any 
        public or private corporation, partnership, or other 
        association or entity (including any sea grant college, 
        sea grant institute or other institution); or any 
        State, political subdivision of a State, or agency or 
        officer thereof.
          (11) The term ``project'' means any individually 
        described activity in a field related to ocean, 
        coastal, and Great Lakes resources involving research, 
        education, training, or [advisory services] extension 
        services administered by a person with expertise in 
        such a field.
          (12) The term ``sea grant college'' means any 
        institution, or any association or alliance of two or 
        more such institutions, designated as such by the 
        Secretary under section 207 [(33 U.S.C. 1126)] of this 
        Act.
          (13) The term ``sea grant institute'' means any 
        institution, or any association or alliance of two or 
        more such institutions, designated as such by the 
        Secretary under section 207 [(33 U.S.C. 1126)] of this 
        Act.
          (14) The term ``sea grant program'' means a program 
        of research and outreach which is administered by one 
        or more sea grant colleges or sea grant institutes.
          (15) The term ``Secretary'' means the Secretary of 
        Commerce, acting through the Under Secretary of 
        Commerce for Oceans and Atmosphere.
          (16) The term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        the Commonwealth of the Mariana Islands, or any other 
        territory or possession of the United States.
          (17) The term ``regional research and information 
        plan'' means a plan developed by one or more sea grant 
        colleges or sea grant institutes that identifies 
        regional priorities.

SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.

                            [33 U.S.C. 1123]

  (a) Program Maintenance.--The Secretary shall maintain within 
the Administration a program to be known as the national sea 
grant college program. The national sea grant college program 
shall be administered by a national sea grant office within the 
Administration.
  (b) Program Elements.--The national sea grant college program 
shall consist of the financial assistance and other activities 
authorized in this title, and shall provide support for the 
following elements--
          [(1) sea grant programs which comprise a national sea 
        grant college program network, including international 
        projects conducted within such programs;
          [(2) administration of the national sea grant college 
        program and this title by the national sea grant 
        office, the Administration, and the panel;]
          (1) sea grant programs that comprise a national sea 
        grant college program network, including international 
        projects conducted within such programs and regional 
        and national projects conducted among such programs;
          (2) administration of the national sea grant college 
        program and this title by the national sea grant office 
        and the Administration;''; and
          (3) the fellowship program under section 208; and
          [(4) any national strategic investments in fields 
        relating to ocean, coastal, and Great Lakes resources 
        developed with the approval of the panel, the sea grant 
        colleges, and the sea grant institutes.]
          (4) any regional or national strategic investments in 
        fields relating to ocean, coastal, and Great Lakes 
        resources developed in consultation with the Board and 
        with the approval of the sea grant colleges and the sea 
        grant institutes.
  (c) Responsibilities of the Secretary.--
          (1) The Secretary, in consultation with the [panel] 
        Board, sea grant colleges, and sea grant institutes, 
        shall develop at least every 4 years a strategic plan 
        that establishes priorities for the national sea grant 
        college program, provides an appropriately balanced 
        response to local, regional, and national needs, and is 
        reflective of integration with the relevant portions of 
        the strategic plans of the Department of Commerce and 
        of the Administration.
          (2) [Within 6 months of the date of enactment of the 
        National Sea Grant College Program Reauthorization Act 
        of 1998, the] The Secretary, in consultation with the 
        [panel] Board, sea grant colleges, and sea grant 
        institutes, shall establish guidelines related to the 
        activities and responsibilities of sea grant colleges 
        and sea grant institutes. Such guidelines shall include 
        requirements for the conduct of merit review by the sea 
        grant colleges and sea grant institutes of proposals 
        for grants and contracts to be awarded under section 
        205, providing, at a minimum, for standardized 
        documentation of such proposals and peer review of all 
        research projects.
          (3) The Secretary shall by regulation prescribe the 
        qualifications required for designation of sea grant 
        colleges and sea grant institutes under section 207.
          (4) To carry out the provisions of this title, the 
        Secretary may--
                  (A) appoint, assign the duties, transfer, and 
                fix the compensation of such personnel as may 
                be necessary, in accordance with civil service 
                laws;
                  (B) make appointments with respect to 
                temporary and intermittent services to the 
                extent authorized by section 3109 of title 5, 
                United States Code;
                  (C) publish or arrange for the publication 
                of, and otherwise disseminate, in cooperation 
                with other offices and programs in the 
                Administration and without regard to section 
                501 of title 44, United States Code, any 
                information of research, educational, training 
                or other value in fields related to ocean, 
                coastal, or Great Lakes resources;
                  (D) enter into contracts, cooperative 
                agreements, and other transactions without 
                regard to section 5 of title 41, United States 
                Code;
                  (E) notwithstanding section 1342 of title 31, 
                United States Code, accept donations and 
                voluntary and uncompensated services;
                  (F) accept funds from other Federal 
                departments and agencies, including agencies 
                within the Administration, to pay for and add 
                to grants made and contracts entered into by 
                the Secretary; and
                  (G) promulgate such rules and regulations as 
                may be necessary and appropriate.
  (d) Director of the National Sea Grant College Program.--
          (1) The Secretary shall appoint, as the Director of 
        the National Sea Grant College Program, a qualified 
        individual who has appropriate administrative 
        experience and knowledge or expertise in fields related 
        to ocean, coastal, and Great Lakes resources. The 
        Director shall be appointed and compensated, without 
        regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive 
        service, at a rate payable under section 5376 of title 
        5, United States Code.
          (2) Subject to the supervision of the Secretary, the 
        Director shall administer the national sea grant 
        college program and oversee the operation of the 
        national sea grant office. In addition to any other 
        duty prescribed by law or assigned by the Secretary, 
        the Director shall--
                  (A) facilitate and coordinate the development 
                of a [long-range] strategic plan under 
                subsection (c)(1);
                  (B) advise the Secretary with respect to the 
                expertise and capabilities which are available 
                within or through the national sea grant 
                college program and encourage the use of such 
                expertise and capabilities, on a cooperative or 
                other basis, by other offices and activities 
                within the Administration, and other Federal 
                departments and agencies;
                  (C) advise the Secretary on the designation 
                of sea grant colleges and sea grant institutes, 
                and, if appropriate, on the termination or 
                suspension of any such designation; and
                  (D) encourage the establishment and growth of 
                sea grant programs, and cooperation and 
                coordination with other Federal activities in 
                fields related to ocean, coastal, and Great 
                Lakes resources.
          (3) With respect to sea grant colleges and sea grant 
        institutes, the Director shall--
                  [(A)(i) evaluate] (A) evaluate and assess the 
                performance of the programs of sea grant 
                colleges and sea grant institutes, using the 
                priorities, guidelines, and qualifications 
                established by the Secretary under subsection 
                (c), and determine which of the programs are 
                the best managed and carry out the highest 
                quality research, education, extension, and 
                training [activities; and] activities;
                  [(ii) rate the programs according to their 
                relative performance (as determined under 
                clause (i)) into no less than 5 categories, 
                with each of the 2 best-performing categories 
                containing no more than 25 percent of the 
                programs;]
                  (B) subject to the availability of 
                appropriations, allocate funding among sea 
                grant colleges and sea grant institutes so as 
                to--
                          (i) promote healthy competition among 
                        sea grant colleges and institutes;
                          (ii) encourage collaborations among 
                        sea grant colleges and sea grant 
                        institutes to address regional and 
                        national priorities established under 
                        subsection (c)(1);
                          [(ii)] (iii) [encourage] ensure 
                        successful implementation of sea grant 
                        programs;
                          [(iii)] (iv) to the maximum extent 
                        consistent with other provisions of 
                        this Act, provide a stable base of 
                        funding for sea grant colleges and 
                        institutes; and
                          [(iv)] (v) encourage and promote 
                        coordination and cooperation between 
                        the research, education, and outreach 
                        programs of the Administration and 
                        those of academic institutions; and
                  (C) ensure compliance with the guidelines for 
                merit review under subsection (c)(2).

SEC. 205. PROGRAM OR PROJECT GRANTS AND CONTRACTS.

                            [33 U.S.C. 1124]

  (a) Authorization; Purposes; Limitation on Amount.--The 
Secretary may make grants and enter into contracts under this 
subsection to assist any sea grant program or project if the 
Secretary finds that such program or project will--
          (1) implement the objective set forth in section 
        202(b); and
          (2) be responsive to the needs or problems of 
        individual [States or regions.] States, regions, or the 
        Nation.
          The total amount paid pursuant to any such grant or 
        contract may equal 66 2/3 percent, or any lesser 
        percent, of the total cost of the sea grant program or 
        project involved; except that this limitation shall not 
        apply in the case of grants or contracts paid for with 
        funds accepted by the Secretary under section 
        204(c)(4)(F).
  (b) Special Grants; Maximum Amount; Prerequisites.--The 
Secretary may make special grants under this subsection to 
implement the objective set forth in section 202(b). The amount 
of any such grant may equal 100 percent, or any lesser percent, 
of the total cost of the project involved. No grant may be made 
under this subsection unless the Secretary finds that--
          (1) no reasonable means is available through which 
        the applicant can meet the matching requirement for a 
        grant under subsection (a);
          (2) the probable benefit of such project outweighs 
        the public interest in such matching requirement; and
          (3) the same or equivalent benefit cannot be obtained 
        through the award of a contract or grant under 
        subsection (a).
          [The total amount which may be provided for grants 
        under this subsection during any fiscal year shall not 
        exceed an amount equal to 1 percent of the total funds 
        appropriated for such year pursuant to section 212.]
          The total amount that may be provided for grants 
        under this subsection and subsection 208(b) during any 
        fiscal year shall not exceed an amount equal to 5 
        percent of the total funds appropriated for such year 
        under section 212.
  (c) Eligibility and Procedure.--Any person may apply to the 
Secretary for a grant or contract under this section. 
Application shall be made in such form and manner, and with 
such content and other submissions, as the Secretary shall by 
regulation prescribe. The Secretary shall act upon each such 
application within 6 months after the date on which all 
required information is received.
  (d) Terms and Conditions.--
          (1) Any grant made, or contract entered into, under 
        this section shall be subject to the limitations and 
        provisions set forth in paragraphs (2), (3), and (4) 
        and to such other terms, conditions, and requirements 
        as the Secretary deems necessary or appropriate. Terms, 
        conditions, and requirements imposed by the Secretary 
        under this paragraph shall minimize any requirement of 
        prior Federal approval.
          (2) No payment under any grant or contract under this 
        section may be applied to--
                  (A) the purchase or rental of any land; or
                  (B) the purchase, rental, construction, 
                preservation, or repair of any building, dock, 
                or vessel; except that payment under any such 
                grant or contract may be applied to the short-
                term rental of buildings or facilities for 
                meetings which are in direct support of any sea 
                grant program or project and may, if approved 
                by the Secretary, be applied to the purchase, 
                rental, construction, preservation, or repair 
                of non-self-propelled habitats, buoys, 
                platforms, and other similar devices or 
                structures, or to the rental of any research 
                vessel which is used in direct support of 
                activities under any sea grant program or 
                project.
          (3) The total amount which may be obligated for 
        payment pursuant to grants made to, and contracts 
        entered into with, persons under this section within 
        any one State in any fiscal year shall not exceed an 
        amount equal to 15 percent of the total funds 
        appropriated for such year pursuant to section 212.
          (4) Any person who receives or utilizes any proceeds 
        of any grant or contract under this section shall keep 
        such records as the Secretary shall by regulation 
        prescribe as being necessary and appropriate to 
        facilitate effective audit and evaluation, including 
        records which fully disclose the amount and disposition 
        by such recipient of such proceeds, the total cost of 
        the program or project in connection with which such 
        proceeds were used, and the amount, if any, of such 
        cost which was provided through other sources. Such 
        records shall be maintained for 3 years after the 
        completion of such a program or project. The Secretary 
        and the Comptroller General of the United States, or 
        any of their duly authorized representatives, shall 
        have access, for the purpose of audit and evaluation, 
        to any books, documents, papers, and records of 
        receipts which, in the opinion of the Secretary or of 
        the Comptroller General, may be related or pertinent to 
        such grants and contracts.

SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.

                            [33 U.S.C. 1126]

  (a) Designation.--
          (1) A sea grant college or sea grant institute shall 
        meet the following qualifications--
                  (A) have an existing broad base of competence 
                in fields related to ocean, coastal, and Great 
                Lakes resources;
                  (B) make a long-term commitment to the 
                objective in section 202(b), as determined by 
                the Secretary;
                  (C) cooperate with other sea grant colleges 
                and institutes and other persons to solve 
                problems or meet needs relating to ocean, 
                coastal, and Great Lakes resources;
                  (D) have received financial assistance under 
                section 205 of this title (33 U.S.C. 1124);
                  (E) be recognized for excellence in fields 
                related to ocean, coastal, and Great Lakes 
                resources (including marine resources 
                management and science), as determined by the 
                Secretary; and
                  (F) meet such other qualifications as the 
                Secretary, in consultation with the [panel] 
                Board, considers necessary or appropriate.
          (2) The Secretary may designate an institution, or an 
        association or alliance of two or more such 
        institutions, as a sea grant college if the 
        institution, association, or alliance--
                  (A) meets the qualifications in paragraph 
                (1); and
                  (B) maintains a program of research, 
                [advisory services] extension services, 
                training, and education in fields related to 
                ocean, coastal, and Great Lakes resources.
          (3) The Secretary may designate an institution, or an 
        association or alliance of two or more such 
        institutions, as a sea grant institute if the 
        institution, association, or alliance--
                  (A) meets the qualifications in paragraph 
                (1); and
                  (B) maintains a program which includes, at a 
                minimum, research and [advisory services] 
                extension services.
  (b) Existing Designees.--Any institution, or association or 
alliance of two or more such institutions, designated as a sea 
grant college or awarded institutional program status by the 
Director prior to the date of enactment of the National Sea 
Grant College Program Reauthorization Act of 1998, shall not 
have to reapply for designation as a sea grant college or sea 
grant institute, respectively, after the date of enactment of 
the National Sea Grant College Program Reauthorization Act of 
1998, if the Director determines that the institution, or 
association or alliance of institutions, meets the 
qualifications in subsection (a).
  (c) Suspension or Termination of Designation.--The Secretary 
may, for cause and after an opportunity for hearing, suspend or 
terminate any designation under subsection (a).
  (d) Duties.--Subject to any regulations prescribed or 
guidelines established by the Secretary, it shall be the 
responsibility of each sea grant college and sea grant 
institute--
          (1) to develop and implement, in consultation with 
        the Secretary and the [panel] Board, a program that is 
        consistent with the guidelines and priorities 
        established under section 204(c); and
          (2) to conduct a merit review of all proposals for 
        grants and contracts to be awarded under section 205.
  (e) Annual Report on Progress.--
          (1) Report requirement.--The Secretary shall report 
        annually to the Committee on Resources and the 
        Committee on Science of the House of Representatives, 
        and to the Committee on Commerce, Science, and 
        Transportation of the Senate, on efforts and progress 
        made by colleges, universities, institutions, 
        associations, and alliances to become designated under 
        this section as sea grant colleges or sea grant 
        institutes, including efforts and progress made by sea 
        grant institutes in being designated as sea grant 
        colleges.
          (2) Territories and freely associated states.--The 
        report shall include description of--
                  (A) efforts made by colleges, universities, 
                associations, institutions, and alliances in 
                United States territories and freely associated 
                States to develop the expertise necessary to be 
                designated as a sea grant institute or sea 
                grant college;
                  (B) the administrative, technical, and 
                financial assistance provided by the Secretary 
                to those entities seeking to be designated; and
                  (C) the additional actions or activities 
                necessary for those entities to meet the 
                qualifications for such designation under 
                subsection (a)(1).

SEC. 208. FELLOWSHIPS.

                            [33 U.S.C. 1127]

  (a) In General.--To carry out the educational and training 
objectives of this Act, the Secretary shall support a program 
of fellowships for qualified individuals at the graduate and 
postgraduate level. The fellowships shall be related to ocean, 
coastal, and Great Lakes resources and awarded pursuant to 
guidelines established by the Secretary. The Secretary shall 
strive to ensure equal access for minority and economically 
disadvantaged students to the program carried out under this 
subsection. [Not later than 1 year after the date of the 
enactment of the National Sea Grant College Program Act 
Amendments of 2002, and every 2 years thereafter,] Every 2 
years, the Secretary shall submit a report to the Congress 
describing the efforts by the Secretary to ensure equal access 
for minority and economically disadvantaged students to the 
program carried out under this subsection, and the results of 
such efforts.
  (b) Dean John A. Knauss Marine Policy Fellowship.--The 
Secretary may award marine policy fellowships to support the 
placement of individuals at the graduate level of education in 
fields related to ocean, coastal and Great Lakes resources in 
positions with the executive and legislative branches of the 
United States Government. A fellowship awarded under this 
subsection shall be for a period of not more than 1 year and is 
not subject to Federal cost share requirements.

SEC. 209. SEA GRANT REVIEW PANEL.

                            [33 U.S.C. 1128]

  [(a) Establishment; Commencement Date.--There shall be 
established an independent committee to be known as the sea 
grant review panel.]

SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.

  (a) Establishment.--There shall be an independent committee 
to be known as the National Sea Grant Advisory Board.
  [(b) Duties.--The panel shall advise the Secretary and the 
Director concerning--
          [(1) applications or proposals for, and performance 
        under, grants and contracts awarded under section 205;
          [(2) the sea grant fellowship program;
          [(3) the designation and operation of sea grant 
        colleges and sea grant institutes, and the operation of 
        sea grant programs;
          [(4) the formulation and application of the planning 
        guidelines and priorities under section 204(a) and 
        (c)(1); and
          [(5) such other matters as the Secretary refers to 
        the [panel] Board for review and advice.
          [The Secretary shall make available to the [panel] 
        Board such information, personnel, and administrative 
        services and assistance as it may reasonably require to 
        carry out its duties.]
  (b) Duties.--
          (1) In general.--The Board shall advise the Secretary 
        and the Director concerning--
                  (A) strategies for utilizing the sea grant 
                college program to address the Nation's highest 
                priorities regarding the understanding, 
                assessment, development, management, and 
                conservation of ocean, coastal, and Great Lakes 
                resources;
                  (B) the designation of sea grant colleges and 
                sea grant institutes; and
                  (C) such other matters as the Secretary 
                refers to the Board for review and advice.
          (2) Biennial report.--The Board shall report to the 
        Congress every two years on the state of the national 
        sea grant college program. The Board shall indicate in 
        each such report the progress made toward meeting the 
        priorities identified in the strategic plan in effect 
        under section 204(c). The Secretary shall make 
        available to the Board such information, personnel, and 
        administrative services and assistance as it may 
        reasonably require to carry out its duties under this 
        title.
  (c) Membership, Terms, and Powers.--
          (1) The [panel] Board shall consist of 15 voting 
        members who shall be appointed by the Secretary. The 
        Director and a director of a sea grant program who is 
        elected by the various directors of sea grant programs 
        shall serve as nonvoting members of the [panel] Board. 
        Not less than 8 of the voting members of the [panel] 
        Board shall be individuals who, by reason of knowledge, 
        experience, or training, are especially qualified in 
        one or more of the disciplines and fields included in 
        marine science. The other voting members shall be 
        individuals who, by reason of knowledge, experience, or 
        training, are especially qualified in, or 
        representative of, education, marine affairs and 
        resource management, coastal management, extension 
        services, State government, industry, economics, 
        planning, or any other activity which is appropriate 
        to, and important for, any effort to enhance the 
        understanding, assessment, development, [utilization,] 
        management, or conservation of ocean, coastal, and 
        Great Lakes resources. No individual is eligible to be 
        a voting member of the [panel] Board if the individual 
        is (A) the director of a sea grant college or sea grant 
        institute; (B) an applicant for, or beneficiary (as 
        determined by the Secretary) of, any grant or contract 
        under section 205; or (C) a full-time officer or 
        employee of the United States.
          [(2) The term of office of a voting member of the 
        panel shall be 3 years for a member appointed before 
        the date of enactment of the National Sea Grant College 
        Program Act Amendments of 2002, and 4 years for a 
        member appointed or reappointed after the date of 
        enactment of the National Sea Grant College Program Act 
        Amendments of 2002. The Director may extend the term of 
        office of a voting member of the panel appointed before 
        the date of enactment of the National Sea Grant College 
        Program Act Amendments of 2002 by up to 1 year. At 
        least once each year, the Secretary shall publish a 
        notice in the Federal Register soliciting nominations 
        for membership on the panel.]
          (2) The term of office of a voting member of the 
        Board shall be 4 years. The Director may extend the 
        term of office of a voting member of the Board once by 
        up to 1 year.
          (3) Any individual appointed to a partial or full 
        term may be reappointed for one additional full term. A 
        voting member may serve after the date of the 
        expiration of the term of office for which appointed 
        until his or her successor has taken office.
          (4) The [panel] Board shall select one voting member 
        to serve as the Chairman and another voting member to 
        serve as the Vice Chairman. The Vice Chairman shall act 
        as Chairman in the absence or incapacity of the 
        Chairman.
          (5) Voting members of the [panel] Board shall--
                  (A) receive compensation at a rate 
                established by the Secretary, not to exceed the 
                maximum daily rate payable under section 5376 
                of title 5, United States Code, when actually 
                engaged in the performance of duties for such 
                [panel] Board; and
                  (B) be reimbursed for actual and reasonable 
                expenses incurred in the performance of such 
                duties.
          (6) The [panel] Board shall meet on a biannual basis 
        and, at any other time, at the call of the Chairman or 
        upon the request of a majority of the voting members or 
        of the Director.
          (7) The [panel] Board may exercise such powers as are 
        reasonably necessary in order to carry out its duties 
        under subsection (b).
          (8) The Board may establish such subcommittees as are 
        reasonably necessary to carry out its duties under 
        subsection (b). Such subcommittees may include 
        individuals who are not Board members.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

                            [33 U.S.C. 1131]

  (a) Authorization.--
          [(1) In general.--There are authorized to be 
        appropriated to the Secretary to carry out this title--
                  [(A) $60,000,000 for fiscal year 2003;
                  [(B) $75,000,000 for fiscal year 2004;
                  [(C) $77,500,000 for fiscal year 2005;
                  [(D) $80,000,000 for fiscal year 2006;
                  [(E) $82,500,000 for fiscal year 2007; and
                  [(F) $85,000,000 for fiscal year 2008.]
          (1) In general.--There are authorized to be 
        appropriated to the Secretary to carry out this title--
                  (A) $100,000,000 for fiscal year 2009;
                  (B) $105,000,000 for fiscal year 2010;
                  (C) $110,000,000 for fiscal year 2011;
                  (D) $115,000,000 for fiscal year 2012;
                  (E) $120,000,000 for fiscal year 2013; and
                  (F) $125,000,000 for fiscal year 2014.
          (2) Priority activities.--In addition to the amounts 
        authorized under paragraph (1), there are authorized to 
        be appropriated for each of fiscal years 2003 through 
        2008--
                  (A) $5,000,000 for competitive grants for 
                university research on the [biology and control 
                of zebra mussels and other important aquatic] 
                biology, prevention, and control of aquatic 
                nonnative species;
                  (B) $5,000,000 for competitive grants for 
                university research on oyster diseases, oyster 
                restoration, and oyster-related human health 
                risks;
                  (C) $5,000,000 for competitive grants for 
                university research on the biology, prevention, 
                and forecasting of harmful algal [blooms, 
                including Pfiesteria piscicida; and] blooms; 
                and
                  (D) $3,000,000 for competitive grants for 
                fishery extension activities conducted by sea 
                grant colleges or sea grant institutes to 
                enhance, and not supplant, existing core 
                program funding.
  (b) Limitations.--
          (1) Administration.--There may not be used for 
        administration of programs under this title in a fiscal 
        year more than 5 percent of the lesser of--
                  (A) the amount authorized to be appropriated 
                under this title for the fiscal year; or
                  (B) the amount appropriated under this title 
                for the fiscal year.
          (2) Use for other offices or programs.--Sums 
        appropriated under the authority of subsection (a)(2) 
        shall not be available for administration of this title 
        by the National Sea Grant Office, for any other 
        Administration or department program, or for any other 
        administrative expenses.
  (c) Distribution of Funds.--In any fiscal year in which the 
appropriations made under subsection (a)(1) exceed the amounts 
appropriated for fiscal year 2003 for the purposes described in 
such subsection, the Secretary shall distribute any excess 
amounts (except amounts used for the administration of the sea 
grant program) to any combination of the following:
          (1) sea grant programs, according to their [rating 
        under section 204(d)(3)(A)] performance assessments;
          [(2) national strategic investments authorized under 
        section 204(b)(4);]
          (2) regional or national strategic investments 
        authorized under section 204(b)(4);
          (3) a college, university, institution, association, 
        or alliance for activities that are necessary for it to 
        be designated as a sea grant college or sea grant 
        institute; and
          (4) a sea grant college or sea grant institute 
        designated after the date of enactment of the National 
        Sea Grant College Program Act Amendments of 2002 but 
        not yet evaluated under section 204(d)(3)(A).
  (d) Availability of Sums.--Sums appropriated pursuant to this 
section shall remain available until expended.
  (e) Reversion of Unobligated Amounts.--The amount of any 
grant, or portion of a grant, made to a person under any 
section of this Act that is not obligated by that person during 
the first fiscal year for which it was authorized to be 
obligated or during the next fiscal year thereafter shall 
revert to the Secretary. The Secretary shall add that reverted 
amount to the funds available for grants under the section for 
which the reverted amount was originally made available.

       NATIONAL SEA GRANT COLLEGE PROGRAM ACT AMENDMENTS OF 2002

[SEC. 9. REPORT ON COORDINATION OF OCEANS AND COASTAL RESEARCH 
                    ACTIVITIES.

                          [[33 U.S.C. 857-20]

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

                                  
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