U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

99–010

" SENATE ! 107th Congress 

2d Session 

REPORT

2002

107–187

Calendar No. 462

NATIONAL SEA GRANT COLLEGE PROGRAM 

ACT AMENDMENTS

REPORT

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION

ON

S. 2428

JUNE 27, 2002.—Ordered to be printed 


E:\Seals\Congress.#13
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ERNEST F. HOLLINGS, South Carolina, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

MAX CLELAND, Georgia 

BARBARA BOXER, California 

JOHN EDWARDS, North Carolina 

JEAN CARNAHAN, Missouri 

BILL NELSON, Florida 

JOHN MCCAIN, Arizona 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

KEVIN D. KAYES, Staff Director 

MOSES BOYD, Chief Counsel 

GREGG ELIAS, General Counsel 

JEANNE BUMPUS, Republican Staff Director and General Counsel 

ANN BEGEMAN, Republican Deputy Staff Director 

(II)

Calendar No. 462

107TH CONGRESS REPORT " SENATE ! 2d Session 107–187

NATIONAL SEA GRANT COLLEGE PROGRAM ACT 

AMENDMENTS 

JUNE 27, 2002.—Ordered to be printed 

Mr. HOLLINGS, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2428]

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2428) to amend the National Sea 

Grant College Program Act, having considered the same, reports 

favorably thereon without amendment and recommends that the 

bill do pass. 

PURPOSE OF THE BILL

S. 2428, as reported, would reauthorize the National Sea Grant 

College Program Act within the National Oceanic and Atmospheric 

Administration, authorize funding levels for the program for Fiscal 

Years 2004 through 2008, and make modifications to improve the 

operation of the program. 

BACKGROUND AND NEEDS

The National Sea Grant College Program (Sea Grant) was established by Congress in 1966. Originally placed in the National 

Science Foundation, Sea Grant was moved to the National Oceanic 

and Atmospheric Administration (NOAA) upon its establishment in 

1970, where it is located within the Office of Oceanic and Atmospheric Research. Sea Grant is modeled after the successful cooperative agricultural research and extension efforts of the Land-Grant 

College Program and works to create partnerships among universities, industry, and other groups to promote cost-effective and sustainable use of the nation’s ocean, coastal and Great Lakes resources. Sea Grant encompasses scientific research, education, advisory programs, and extension services. Its emphasis on applied 

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research allows the transfer of information and technologies from 

universities and government agencies to the private sector. Currently, there are 31 Sea Grant programs, located in coastal and 

Great Lakes States and Puerto Rico, that serve as the core of a national network of over 300 participating institutions involving more 

than 3,000 scientists, engineers, educators, students, and outreach 

experts. 

The designation of Sea Grant colleges and institutional programs—made by the National Sea Grant Director with the aid of 

the Sea Grant Review Panel—is based in large part on an institution’s demonstrated record of performance in addressing concerns 

related to marine or Great Lakes issues, in addition to other criteria. Sea Grant colleges and institutional programs receive federal 

funds through the National Sea Grant Office within NOAA. Such 

funds may cover up to two-thirds of the cost of a project; at least 

one-third of the cost of a project must come from non-federal 

matching funds. The National Sea Grant Office administers the 

overall program, reviews proposals for grants and contracts, and 

manages the Dean John A. Knauss Marine Policy Fellowship Program which places graduate-level fellows in the legislative and executive branches. Over 90 percent of the funds appropriated for the 

Sea Grant program are distributed to Sea Grant colleges and institutional programs, with additional funds used primarily for administration and fellowships. 

While the Sea Grant Program enjoys broad-based support within 

the academic community and marine industry groups, the Administration’s Fiscal Year 2003 (FY) budget proposes to transfer and 

modify NOAA Sea Grant program to the National Science Foundation in order ‘‘to promote rigorous, merit-based competition among 

researchers.’’ The Committee strongly disagrees with the Administration’s assessment that there is a need to transfer the program 

and opposes the Administration’s proposal. The Administration has 

not provided any information to the Committee that would lend 

support to the need for a transfer to promote merit-based competition. Moreover, the Administration’s FY 2003 budget proposal is 

contrary to law and to Congressional intent. Existing law authorizes the Sea Grant program in NOAA through the end of FY 2003. 

Further, transfering of the program to the National Science Foundation would result in the elimination of the Sea Grant extension 

services, a unique and important component of the Sea Grant Program. 

Sea Grant has a rigorous, merit-based grant process, which has 

been greatly improved by amendments provided in the previous reauthorization, in response to recommendations of the National Research Council (NRC). Programmatic and administrative changes 

have also been made to respond to the recommendations of the 

Mandate to Engage Coastal Users: A Review of the National Sea 

Grant College Extension Program. Information provided by the National Sea Grant Office indicates that during the 2000/2001 biennium, 2,249 proposals were submitted to Sea Grant competitions, 

of which 520 projects were selected for funding (an approval rate 

of 22 percent). Of the 435 awards to principal investigators for Sea 

Grant research projects in FY 2001, only 135 were also principal 

investigators in FY 1998, representing an award rate turnover of 

70 percent.

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There is substantial support for the extension program. Approximately 34 percent of the funds awarded by Sea Grant in FY 2001 

were used for proposal-based and peer-reviewed Extension, Communication, and Education programs necessary to meet the Congressional mandate of the program, many of which would not be 

possible under the National Science Foundation. 

Concerns have been raised that core funding for participating colleges and institutions has remained level due to funding constraints on increases for special purpose initiatives controlled by 

the National Sea Grant Office. One identified result of this funding 

limitation has been the loss through attrition of approximately onethird of the field extension officers within the Sea Grant colleges 

and institutions. 

LEGISLATIVE HISTORY

The National Sea Grant College Program Act was last amended 

and reauthorized in the 105th Congress (P.L. 105–160). The program is currently authorized through FY 2003 within NOAA. On 

April 30, 2002, Senator Kerry introduced S. 2428, the National Sea 

Grant College Program Act Amendments of 2002. The bill is cosponsored by Senators Snowe, Hollings, Stevens, Breaux, Murkowski, Sarbanes, Reed, Feingold, Wyden, Gordon Smith, Akaka, 

Cochran, Warner, Gregg, Chafee, Collins, DeWine, Landrieu, Mikulski, Torricelli, and Corzine. On May 1, 2002, the Senate Committee on Commerce, Science, and Transportation held a hearing 

on the FY 2003 budget and programs of NOAA. The Committee received testimony from Vice Admiral Conrad C. Lautenbacher (ret.) 

USN, NOAA Administrator & Under Secretary of Commerce for 

Oceans and Atmosphere, regarding the Administration’s proposal 

to transfer the Sea Grant Program to the National Science Foundation. At its May 16, 2002, executive session, the Commerce Committee ordered S. 2428 to be reported without amendment. 

The House of Representatives has introduced a similar bill (H.R. 

3389), which has been favorably reported by the House Resources 

Committee and the House Science Committee, although some discrepancies between the two versions have not been resolved. 

SUMMARY OF MAJOR PROVISIONS

AUTHORIZATION OF APPROPRIATIONS

S. 2428 would reauthorize the National Sea Grant College Program Act and provides increased funding authorization levels for 

FY 2004 through FY 2008. The bill would authorize $75 million for 

FY 2004, $77.5 million for FY 2005, $80 million for FY 2006, $82.5 

million for FY 2007, and $85 million for FY 2008. The $75 million 

authorization for FY 2004 represents a 25 percent increase over the 

FY 2003 authorization level of $60 million. This increase is intended to address concerns of insufficient funding in recent years 

and reinvigorate core program support, as well as facilitate new 

program development. 

The bill would also extend the authorization of $5 million in each 

of the fiscal years 2004 through 2008 for priority research in each 

of the following three areas: biology and control of zebra mussels 

and other important non-native species as identified in the Non-indigenous Aquatic Nuisance Prevention and Control Act of 1990; 

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oyster diseases, oyster restoration, and oyster-related human 

health risks; and the biology, prevention, and forecasting of harmful algal blooms. S. 2428 would also authorize an additional $3 million to enhance 

the fisheries extension program. The Committee intends that this 

additional authorization level will provide the funding necessary 

for Sea Grant colleges and institutions to properly address extension and outreach workforce needs through the deployment of additional fisheries extension agents. 

The bill would reassure that no more than 5 percent of funds 

may be used for administration of the program. This cap is intended to guarantee that Sea Grant funds will be used primarily 

to support the network of participating institutions. 

DISTRIBUTION OF FUNDS

S. 2428 also contains provisions that would recognize achievements of individual programs through the awarding, on a competitive basis, of additional funds. The bill would provide that in any 

fiscal year in which appropriations exceed the amounts appropriated for FY 2003, the additional amounts (except amounts used 

for administration of programs) are to be distributed to State programs on a merit reviewed, competitive basis to support, enhance, 

and reward programs that are best managed and carry out the 

highest quality research, education, extension, and training programs, and to support national strategic initiatives. The Committee 

believes that increasing Sea Grant’s reliance on competitive, merit 

review procedures for both the State programs and the national 

strategic competitions will improve the quality of the program. 

This provision was also included to address concerns raised that 

no set formula or transparent process exists by which current funding allocation decisions are made, and to ensure the equitable distribution of future funding among the States is based upon individual program merits instead of historical trends. The National 

Sea Grant College Program Act does not specify how federal funding should be allocated among State Sea Grant colleges and institutions. It is the view of the Committee that amounts appropriated 

in excess of FY 2003 levels should be allocated, with due consideration, to the following priorities: 

(1) Adjust base funding for existing State Sea Grant Programs to address funding inequities that exist due to historical 

trends; 

(2) Provide funds to State Sea Grant Programs to restore 

their capabilities and program activities lost through erosion of 

spending power, including the loss of Sea Grant extension program personnel; 

(3) Provide significant funding to State Sea Grant Programs 

to reward them for demonstrated excellence in performance 

and results; and 

(4) Provide funding for use in nurturing the development of 

new Sea Grant College Programs. 

PUBLIC/PRIVATE COLLABORATION AND COORDINATION

S. 2428 would amend existing findings to recognize the cost effectiveness of, and to promote strong collaborations between, Administration scientists and scientists at academic institutions. The bill 

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further would instruct the Director of the National Sea Grant College Program to encourage and promote coordination and cooperation between the research, education, and outreach programs of the 

Administration and those of academic institutions. 

QUADRENNIAL STRATEGIC PLAN

S. 2428 would require the Secretary of Commerce to develop, at 

least on a quadrennial basis, a strategic plan for the National Sea 

Grant College Program reflecting an appropriately balanced response to local, regional, and national needs, reflective of integration with the strategic plans of the Department of Commerce and 

of NOAA. The last reauthorization of the National Sea Grant College Program Act in 1997 required the Secretary to develop a longrange strategic plan that establishes priorities for the program. 

However, no mechanism for regular review of the strategic plan or 

its consistency with the missions and activities of the Department 

and NOAA currently exists. It is the Committee’s view that such 

regular review of the strategic plan and priorities of the National 

Sea Grant College Program is necessary to avoid duplication of efforts, to ensure that research areas are covered adequately, and to 

balance local, regional, and national needs. 

ENSURING EQUAL ACCESS

S. 2428 would require that equal access for minority and economically disadvantaged students be provided under the graduate 

and post-graduate level fellowship programs. 

SEA GRANT REVIEW PANEL

S. 2428 would adjust the term of office for a voting member of 

the Sea Grant review panel to 4 years for appointed or reappointed 

members. 

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, May 22, 2002. 

Hon. ERNEST F. HOLLINGS, 

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. 2428, the National Sea 

Grant College Program Act Amendments of 2002. 

If you wish further details on this estimate, we will be pleased 

to provided them. The CBO staff contact is Deborah Reis. 

Sincerely, 

STEVEN LIEBERMAN

(For Dan L. Crippen, Director). 

Enclosure. 

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S. 2428—National Sea Grant College Program Act Amendments of 

2002

Summary: S. 2428 would authorize funding for the national sea 

grant college program through fiscal year 2008. Assuming appropriation of the authorized amounts, CBO estimates that implementing the bill would cost $297 million over the 2003–2007 period 

to carry out these activities. (An additional $193 million would be 

spent after 2007, including $103 million authorized to be appropriated for 2008.) The legislation would not affect direct spending 

or receipts; therefore, pay-as-you-go procedures would not apply. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 2428 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

The bill would authorize the appropriation of $490 million, including $387 million over the 2003–2007 and $103 million for fiscal 

year 2008, for the national sea grant program. These funds would 

be used to carry out the National Oceanic and Atmospheric Administration’s (NOAA) contract, grant, fellowship, and administrative 

functions under this program. For this estimate, CBO assumes that 

all amounts authorized by S. 2428 will be appropriated by the start 

of each fiscal year and that outlays will follow historical spending 

patterns for the sea grants program.

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

Spending Under Current Law: 

Authorization Level 1 ........................................................................ 62 69 0 0 0 0

Estimated Outlays ........................................................................... 55 62 47 14 0 0

Proposed Changes: 

Authorization Level .......................................................................... 0 0 93 96 98 101

Estimated Outlays ........................................................................... 0 0 28 75 96 98

Spending Under S. 2428: 

Authorization Level .......................................................................... 62 69 93 96 98 101

Estimated Outlays ........................................................................... 55 62 75 89 96 98

1 The 2002 level is the amount appropriated for that year for a sea grants and related grant programs authorized by S. 2428. The 2003 level is the amount authorized for such appropriations. 

Pay-as-you-go considerations: None. 

Estimated impact on state, local, and tribal governments: S. 2428 

contains no intergovernmental 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 for programs to 

improve marine resource conservation, management, and utilization. Any costs incurred by public universities to participate in this 

program would be voluntary. In addition, the bill could benefit 

state governments that have implemented state sea grant programs by authorizing NOAA to distribute any excess amounts appropriated above the 2002 level to state sea grant programs (using 

a competitive, merit-based review). Any costs incurred by states 

would be voluntary. 

Estimated impact on the private sector: S. 2428 would impose no 

new private-sector mandates as defined in UMRA. 

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Previous CBO estimate: On March 5, 2002, CBO transmitted a 

cost estimate for H.R. 3389, the National Sea Grant College Program Act Amendments of 2002, as ordered reported by the House 

Committee on Resources on February 27, 2002. The cost of the Senate bill is lower than the House Resources Committee version because it does not authorize funding for NOAA’s ocean coastal research program or for the one-year grant to certain Pacific islands 

as the Resources Committee version did. 

On April 4, 2002, CBO transmitted an estimate for H.R. 3389 as 

ordered reported by the House Committee on Science on March 20, 

2002. The House Science Committee version of the legislation includes authorizations for fiscal year 2003, which the Senate bill 

does not. 

In addition to these differences, the Senate bill includes an annual authorization of $3 million in appropriations for fisheries extension grants. Neither House version of the legislation contained 

this provision. 

Estimate prepared by: Federal Cost: Deborah Reis; Impact on 

State, Local, and Tribal Governments: Elyse Goldman; and Impact 

on the Private Sector: Cecil McPherson. 

Estimate approved by: Peter H. Fontaine, 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: 

Because S. 2428 does not create any new programs, the legislation would have no additional regulatory impact, and would result 

in no additional reporting requirements for businesses or individuals. 

NUMBER OF PERSONS COVERED

Sea Grant is a scientific research and extension program and 

does not regulate the activities of private citizens or businesses. Institutions receiving grants or contracts through Sea Grant must 

meet requirements specified in law and by regulation for grant and 

contract recipients, but these requirements are only imposed as a 

condition of receiving federal funding. S. 2428 simply reauthorizes 

Sea Grant and therefore, would not subject any private citizens or 

businesses not participating in the program to additional regulation. 

ECONOMIC IMPACT

Section 5 of the bill would authorize appropriations for Sea 

Grant of $93.0 million in FY 2004, $95.5 million in FY 2005, $98.0 

million in FY 2006, $100.5 million in FY 2007, and $103 million 

in FY 2008. These authorization levels are intended to improve the 

performance of the National Sea Grant College Program and 

should have a beneficial impact on the economy of the United 

States. 

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PRIVACY

This legislation would not have any adverse impact on the personal privacy of the individuals that will be impacted by this legislation. 

PAPERWORK

S. 2428 would not impose any new paperwork requirements on 

private citizens or businesses that do not choose to participate in 

Sea Grant; entities choosing to participate in the program may be 

subject to some changes in the paperwork requirements of the program. Additionally, the bill requires the Secretary of Commerce to 

develop at least every 4 years a strategic plan, which establishes 

priorities for the National Sea Grant College Program and is reflective of integration with the strategic plans of the Department of 

Commerce and of NOAA. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 of the bill would state the short title of the bill as the 

‘‘National Sea Grant College Program Act Amendments of 2002’’. 

Section 2. Amendments to findings 

Section of the bill would amend section 202(a)(6) of the National 

Sea Grant College Program Act (the Act) to encourage strong collaborations between Administration scientists and academic institutions. 

Section 3. Requirements applicable to National Sea Grant College 

Program 

Section 3 of the bill would make changes to the requirements and 

responsibilities of the Secretary of Commerce and of the Director 

of the National Sea Grant Program under section 204 of the Act; 

and provides further direction to the Secretary under section 208 

of the Act. 

The legislation would amend section 204(c)(1) of the Act to require the Secretary to develop, at least on a quadrennial basis, a 

strategic plan for the National Sea Grant College Program reflecting an appropriately balanced response to local, regional, and national needs; reflective of integration with the strategic plans of the 

Department of Commerce and of the National Oceanic and Atmospheric Administration. 

The legislation would also amend section 204(d)(3)(B) of the Act 

to include language that the Director of the National Sea Grant 

College Program shall encourage and promote coordination and cooperation between the research, education, and outreach programs 

of the Administration and those of academic institutions. 

The legislation would further amend section 208(a) of the Act to 

include language that the Secretary shall strive to provide equal 

access for minority and economically disadvantaged students under 

the graduate and post-graduate level fellowship programs. 

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Section 4. Terms of membership for Sea Grant Review Panel 

Section 4 of the bill would amend section 209(c)(2) of the Act, adjusting the term of office for a voting member of the panel to 4 

years for members appointed or reappointed after the date of enactment. 

Section 5. Authorization of appropriations 

Section 5 of the bill would amend section 212 of the Act by authorizing appropriations for five years, placing limitations on appropriated funds, and providing direction on the distribution of new 

funds. 

The legislation would amend section 212(a)(1) of the Act by authorizing $75 million for FY 2004; $77.5 million for FY 2005; $80 

million for FY 2006; $82.5 for FY 2007; and $85 million for FY 

2008. 

The legislation would amend section 212(a)(2) of the Act by authorizing $5 million for each fiscal year 2004 through 2008 for priority research into zebra mussels and other important non-native 

species, oysters, and harmful algal blooms. It would also authorize 

a previously appropriated amount of $3 million to enhance the fisheries extension program. 

The legislation would require that no more than 5 percent of the 

funds may be used for administration of the program. 

The legislation would insert a provision that in any fiscal year 

in which appropriations exceed the amounts appropriated for FY 

2003, the additional amounts (except amounts used for administration of programs) be distributed to State programs on a merit reviewed, competitive basis to support, enhance, and reward programs that are best managed and carry out the highest quality research, education, extension, and training programs, and to support national strategic initiatives. 

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 

[33 U.S.C. 1121 et seq.] 

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; 

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(D) encourage the development of forecast and analysis 

systems for coastal hazards; 

(E) understand global environmental processes; and 

(F) promote domestic and international cooperative solutions to ocean, coastal, and Great Lakes issues. 

(2) Investment in a strong program of research, education, 

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, 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, 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 øinstitutions.¿ institutions, including strong collaborations between Administration scientists and scientists at academic institutions. 

(b) OBJECTIVE.—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.—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 in fields related 

to ocean, coastal, and Great Lakes resources. 

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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; 

(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. 

(c) RESPONSIBILITIES OF THE SECRETARY.— (1) øThe Secretary, in consultation with the panel, sea grant 

colleges, and sea grant institutes, shall develop a long-range 

strategic plan which establishes priorities for the national sea 

grant college program and which provides an appropriately 

balanced response to local, regional, and national needs.¿ The 

Secretary, in consultation with the panel, sea grant colleges, 

and sea grant institutes, shall develop at least every 4 years a 

strategic plan which 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 strategic plans of the Department of 

Commerce and of NOAA. 

(2) Within 6 months of the date of enactment of the National 

Sea Grant College Program Reauthorization Act of 1998, the 

Secretary, in consultation with the panel, 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; 

12

(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 longrange 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) evaluate the programs of sea grant colleges and sea 

grant institutes, using the priorities, guidelines, and qualifications established by the Secretary; 

13

(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 successful implementation of sea 

grant programs; øand¿

(iii) 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) 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. 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. 

(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. 

(c) POSTDOCTORAL FELLOWSHIPS.—The Secretary shall establish 

and administer a program of postdoctoral fellowships to accelerate 

research in critical subject areas. The fellowship awards—

(1) shall be for 2 years; 

(2) may be renewed once for not more than 2 years; 

(3) shall be awarded on a nationally competitive basis; 

(4) may be used at any institution of post-secondary education involved in the national sea grant college program; 

(5) shall be for up to 100 percent of the total cost of the fellowship; and 

(6) may be made to recipients of terminal professional degrees, as well as doctoral degree recipients. 

SEC. 209. SEA GRANT REVIEW PANEL. 

[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. 

(b) DUTIES.—The panel shall advise the Secretary and the Director concerning—

14

(1) applications or proposals for, and performance under, 

grants and contracts awarded under section 205; 

(2) the sea grant fellowship program; 

(3) the designation and operation of sea grant colleges and 

sea grant institutes, and the operation of sea grant programs; 

(4) the formulation and application of the planning guidelines and priorities under section 204(a) and (c)(1); and 

(5) such other matters as the Secretary refers to the panel 

for review and advice. The Secretary shall make available to 

the panel such information, personnel, and administrative 

services and assistance as it may reasonably require to carry 

out its duties. 

(c) MEMBERSHIP, TERMS, AND POWERS.— (1) The panel shall consist of 15 voting members who shall 

be appointed by the Secretary. The Director and a director of 

a sea grant program who is elected by the various directors of 

sea grant programs shall serve as nonvoting members of the 

panel. Not less than 8 of the voting members of the panel shall 

be individuals who, by reason of knowledge, experience, or 

training, are especially qualified in one or more of the disciplines and fields included in marine science. The other voting 

members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in, or representative of, education, marine affairs and resource management, 

extension services, State government, industry, economics, 

planning, or any other activity which is appropriate to, and important for, any effort to enhance the understanding, assessment, development, utilization, or conservation of ocean, coastal, and Great Lakes resources. No individual is eligible to be

a voting member of the panel if the individual is (A) the director of a sea grant college 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) øThe term of office of a voting member of the panel shall 

be 3 years, except that of the original appointees, five shall be 

appointed for a term of 1 year, five shall be appointed for a 

term of 2 years, and five shall be appointed for a term of 3 

years.¿ 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. 

(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 shall select one voting member to serve as the 

Chairman and another voting member to serve as the Vice 

15

Chairman. The Vice Chairman shall act as Chairman in the 

absence or incapacity of the Chairman. 

(5) Voting members of the panel 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; 

and 

(B) be reimbursed for actual and reasonable expenses incurred in the performance of such duties. 

(6) The panel 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 may exercise such powers as are reasonably 

necessary in order to carry out its duties under subsection (b). 

SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

[33 U.S.C. 1131]

ø(a) AUTHORIZATION.—

ø(1) In general.—There is authorized to be appropriated to 

carry out this Act—

ø(A) $56,000,000 for fiscal year 1999; 

ø(B) $57,000,000 for fiscal year 2000; 

ø(C) $58,000,000 for fiscal year 2001; 

ø(D) $59,000,000 for fiscal year 2002; and 

ø(E) $60,000,000 for fiscal year 2003. 

ø(2) ZEBRA MUSSEL AND OYSTER RESEARCH.—In addition to 

the amount authorized for each fiscal year under paragraph 

(1)—

ø(A) up to $2,800,000 may be made available as provided 

in section 1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

4741(b)(4)(A)) for competitive grants for university research on the zebra mussel; 

ø(B) up to $3,000,000 may be made available for competitive grants for university research on oyster diseases 

and oyster-related human health risks; and 

ø(C) up to $3,000,000 may be made available for competitive grants for university research on Pfiesteria 

piscicida and other harmful algal blooms.¿

(a) AUTHORIZATION.—

(1) IN GENERAL.—There are authorized to be appropriated to 

the Secretary to carry out this title—

(A) $75,000,000 for fiscal year 2004; 

(B) $77,500,000 for fiscal year 2005; 

(C) $80,000,000 for fiscal year 2006; 

(D) $82,500,000 for fiscal year 2007; and 

(E) $85,000,000 for fiscal year 2008. 

(2) PRIORITY RESEARCH.—In addition to the amount authorized under paragraph (1), there are authorized to be appropriated for each of fiscal years 2004 through 2008—

(A) $5,000,000 for competitive grants for university research on biology and control of zebra mussels and other 

important non-native species as identified in section 

16

1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4171(b)(4)(A)); 

(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 research contributing to the fisheries extension program to enhance, not 

supplant, existing core program funding.

ø(b) PROGRAM ELEMENTS.—

ø(1) LIMITATION.—No more than 5 percent of the lesser of—

ø(A) the amount authorized to be appropriated; or 

ø(B) the amount appropriated, for each fiscal year under 

subsection (a) may be used to fund the program element 

contained in section 204(b)(2). 

ø(2) Sums appropriated under the authority of subsections 

(a) and (c) shall not be available for administration of this Act 

by the National Sea Grant Office, or for Administration program or administrative expenses.¿

(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.

ø(c) PRIORITY OYSTER DISEASE RESEARCH.—In addition to sums 

authorized under subsection (a), there is authorized to be appropriated for priority oyster disease research under section 205 of 

this Act, an amount—

ø(1) for fiscal year 1992, not to exceed $1,400,000; 

ø(2) for fiscal year 1993, not to exceed $3,000,000; 

ø(3) for fiscal year 1994, not to exceed $3,000,000; and 

ø(4) for fiscal year 1995, not to exceed $3,000,000.¿

(c) DISTRIBUTION OF FUNDS.—In any fiscal year in which the appropriations made pursuant to subsection (a)(1) exceed the amounts 

appropriated for fiscal year 2003 for the purposes described in such 

subsection, the Secretary shall distribute the excess amounts (except 

amounts used for the administration of programs) solely to—

(1) State sea grant programs on a merit reviewed, competitive 

basis to support, enhance, and reward programs that are best 

managed and carry out the highest quality research, education, 

extension, and training programs; and 

(2) national strategic initiatives.

(d) AVAILABILITY OF SUMS.—Sums appropriated pursuant to this 

section shall remain available until expended. 

17

(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.

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