69–006 

110TH CONGRESS REPT. 110–701 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

NATIONAL SEA GRANT COLLEGE PROGRAM 

AMENDMENTS ACT OF 2008 

JUNE 9, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5618] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 5618) to reauthorize and amend the National Sea Grant 

College Program Act, and for other purposes, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Sea Grant College Program Amendments 

Act of 2008’’. 

SEC. 2. REFERENCES. 

Except as otherwise expressly provided therein, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section 

or other provision, the reference shall be considered to be made to a section or other 

provision of the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). 

SEC. 3. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Section 202(a) (33 U.S.C. 1121(a)) is amended— 

(1) by amending paragraph (1)(D) to read as follows: 

‘‘(D) encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards;’’; 

(2) in paragraph (2) by striking ‘‘program of research, education,’’ and inserting ‘‘program of integrated research, education, extension,’’; and 

(3) by striking paragraph (6) and inserting the following: 

‘‘(6) The National Ocean Research Priorities Plan and Implementation Strategy issued by the National Science and Technology Council’s Joint Subcommittee on Ocean Science and Technology on January 26, 2007, identifies research priorities for compelling areas of interaction between society and the 

ocean, and calls for the engagement of a broad array of ocean science sectors 


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(government, academia, industry, and non-government entities) to address the 

areas of greatest research need and opportunity. 

‘‘(7) The National Oceanic and Atmospheric Administration, through the national sea grant college program, offers the most suitable locus and means for 

such commitment and engagement through the promotion of activities that will 

result in greater such understanding, assessment, development, utilization, and 

conservation. The most cost-effective way to promote such activities is through 

continued and increased Federal support of the establishment, development, 

and operation of programs and projects by sea grant colleges, sea grant institutes, and other institutions, including strong collaborations between Administration scientists and research and outreach personnel at academic institutions.’’. 

(b) PURPOSE.—Section 202(c) (33 U.S.C. 1121(c)) is amended by striking ‘‘to promote research, education, training, and advisory service activities’’ and inserting ‘‘to 

promote integrated research, education, training, and extension activities’’. 

SEC. 4. DEFINITIONS. 

(a) AMENDMENTS.—Section 203 (33 U.S.C. 1122) is amended— 

(1) in paragraph (11) by striking ‘‘advisory services’’ and inserting ‘‘extension 

services’’; 

(2) in each of paragraphs (12) and (13) by striking ‘‘(33 U.S.C. 1126)’’; and 

(3) by adding at the end the following: 

‘‘(17) The term ‘regional research and information plan’ means a plan developed by one or more sea grant colleges or sea grant institutes that identifies 

regional priorities to implement the National Ocean Research Priorities Plan 

and Implementation Strategy. 

‘‘(18) The term ‘National Ocean Research Priorities Plan and Implementation 

Strategy’ means such plan and strategy issued by the National Science and 

Technology Council’s Joint Subcommittee on Ocean Science and Technology on 

January 26, 2007.’’. 

(b) REPEAL.—Section 307 of the Act entitled ‘‘An Act to provide for the designation 

of the Flower Garden Banks National Marine Sanctuary’’ (Public Law 102–251; 106 

Stat. 66) is repealed. 

SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM, GENERALLY. 

(a) PROGRAM ELEMENTS.—Section 204(b) (33 U.S.C. 1123(b)) is amended— 

(1) by amending in paragraph (1) to read as follows: 

‘‘(1) sea grant programs that comprise a national sea grant college program 

network, including international projects conducted within such programs and 

regional and national projects conducted among such programs;’’; 

(2) by amending paragraph (2) to read as follows: 

‘‘(2) administration of the national sea grant college program and this title by 

the national sea grant office and the Administration;’’; and 

(3) by amending paragraph (4) to read as follows: 

‘‘(4) any regional or national strategic investments in fields relating to ocean, 

coastal, and Great Lakes resources developed in consultation with the board 

and with the approval of the sea grant colleges and the sea grant institutes.’’. 

(b) TECHNICAL CORRECTION.—Section 204(c)(2) (33 U.S.C. 1123(c)(2)) is amended 

by striking ‘‘Within 6 months of the date of enactment of the National Sea Grant 

College Program Reauthorization Act of 1998, the’’ and inserting ‘‘The’’. 

(c) FUNCTIONS OF DIRECTOR OF NATIONAL SEA GRANT COLLEGE PROGRAM.—Section 204(d) (33 U.S.C. 1123(d)) is amended— 

(1) in paragraph (2)(A), by striking ‘‘long-range’’; 

(2) in paragraph (3)(A)— 

(A) by striking ‘‘(A)(i) evaluate’’ and inserting ‘‘(A) evaluate and assess’’; 

(B) by striking ‘‘activities; and’’ and inserting ‘‘activities;’’; and 

(C) by striking clause (ii); and 

(3) in paragraph (3)(B)— 

(A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), 

respectively, and by inserting after clause (i) the following: 

‘‘(ii) encourage collaborations among sea grant colleges and sea grant 

institutes to address regional and national priorities established under 

subsection (c)(1);’’; and 

(B) in clause (iii) (as so redesignated) by striking ‘‘encourage’’ and inserting ‘‘ensuring’’. 

SEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS. 

(a) EXEMPTION FROM LIMITATION ON COST SHARE.—Section 205(a) (33 U.S.C. 

1124(a)) is amended in the matter following paragraph (2), by inserting ‘‘or that are 

appropriated under section 208(b)’’ before the period at the end. 


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(b) SPECIAL GRANTS; MAXIMUM AMOUNT.—Section 205(b) (33 U.S.C. 1124(b)) is 

amended by striking the matter following paragraph (3) and inserting the following: 

‘‘The total amount that may be provided for grants under this subsection during any 

fiscal year shall not exceed an amount equal to 5 percent of the total funds appropriated for such year under section 212.’’. 

SEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT INSTITUTES. 

Section 207(a) (33 U.S.C. 1126(a)) is amended in each of paragraphs (2)(B) and 

(3)(B) by striking ‘‘advisory services’’ and inserting ‘‘extension services’’. 

SEC. 8. TECHNICAL CORRECTION RELATING TO FELLOWSHIPS. 

Section 208(a) (33 U.S.C. 1127(a)) is amended by striking ‘‘Not later than 1 year 

after the date of the enactment of the National Sea Grant College Program Act 

Amendments of 2002, and every 2 years thereafter,’’ and inserting ‘‘Every 2 years,’’. 

SEC. 9. NATIONAL SEA GRANT ADVISORY BOARD. 

(a) REDESIGNATION OF SEA GRANT REVIEW PANEL AS BOARD.— (1) REDESIGNATION.—The sea grant review panel established by section 209 

of the National Sea Grant College Program Act (33 U.S.C. 1128), as in effect 

before the date of the enactment of this Act, is redesignated as the National 

Sea Grant Advisory Board. 

(2) MEMBERSHIP NOT AFFECTED.—An individual serving as a member of the 

sea grant review panel immediately before the enactment of this Act may continue to serve as a member of the National Sea Grant Advisory Board until the 

expiration of such member’s term under section 209(c) of such Act (33 U.S.C. 

1128(c). 

(3) REFERENCES.—Any reference in a law, map, regulation, document, paper, 

or other record of the United States to such sea grant review panel is deemed 

to be a reference to the National Sea Grant Advisory Board. 

(4) CONFORMING AMENDMENTS.— (A) IN GENERAL.—Section 209 (33 U.S.C. 1128) is amended by striking so 

much as precedes subsection (b) and inserting the following: 

‘‘SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD. 

‘‘(a) ESTABLISHMENT.—There shall be an independent committee to be known as 

the National Sea Grant Advisory Board.’’. 

(B) DEFINITION.—Section 203(9) (33 U.S.C. 1122(9)) is amended to read 

as follows: 

‘‘(9) The term ‘Board’ means the National Sea Grant Advisory Board established under section 209.’’; 

(C) OTHER PROVISIONS.—The following provisions are each amended by 

striking ‘‘panel’’ each place it appears and inserting ‘‘Board’’: 

(i) Section 204 (33 U.S.C. 1123). 

(ii) Section 207 (33 U.S.C. 1126). 

(iii) Section 209 (33 U.S.C. 1128). 

(b) DUTIES.—Section 209(b) (33 U.S.C. 1128(b)) is amended to read as follows: 

‘‘(b) DUTIES.— ‘‘(1) IN GENERAL.—The Board shall advise the Secretary and the Director concerning— 

‘‘(A) strategies for utilizing the sea grant college program to address the 

Nation’s highest priorities regarding the understanding, assessment, development, utilization, and conservation of ocean, coastal, and Great Lakes resources; 

‘‘(B) the designation of sea grant colleges and sea grant institutes; and 

‘‘(C) such other matters as the Secretary refers to the Board for review 

and advice. 

‘‘(2) BIENNIAL REPORT.—The Board shall report to the Congress every two 

years on the state of the national sea grant college program. The Board shall 

indicate in each such report the progress made toward meeting the priorities 

identified in the strategic plan in effect under section 204(c). The Secretary 

shall make available to the Board such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties 

under this title.’’. 

(c) EXTENSION OF TERM.—Section 209(c)(2) (33 U.S.C. 1128(c)(2)) is amended by 

striking the second sentence and inserting the following: ‘‘The Director may extend 

the term of office of a voting member of the Board once by up to 1 year.’’. 

(d) ESTABLISHMENT OF SUBCOMMITTEES.—Section 204(c) (33 U.S.C. 1123(c)) is 

amended by adding at the end the following: 

‘‘(8) The Board may establish such subcommittees as are reasonably necessary to carry out its duties under subsection (b). Such subcommittees may include individuals who are not Board members.’’. 


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SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION.—Section 212(a) (33 U.S.C. 1131(a)) is amended to read as follows: 

‘‘(a) AUTHORIZATION.—There are authorized to be appropriated to the Secretary to 

carry out this title— 

‘‘(1) $66,000,000 for fiscal year 2009; 

‘‘(2) $72,800,000 for fiscal year 2010; 

‘‘(3) $79,600,000 for fiscal year 2011; 

‘‘(4) $86,400,000 for fiscal year 2012; 

‘‘(5) $93,200,000 for fiscal year 2013; and 

‘‘(6) $100,000,000 for fiscal year 2014.’’. 

(b) REPEAL OF DISTRIBUTION REQUIREMENT.—Section 212 (33 U.S.C. 1131) is 

amended by striking subsection (c), and by redesignating subsections (d) and (e) as 

subsections (c) and (d), respectively. 

PURPOSE OF THE BILL

The purpose of H.R. 5618 is to reauthorize and amend the National Sea Grant College Program Act, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The National Sea Grant College Program originally was established in 1966 upon the enactment of the National Sea Grant College Act (33 U.S.C. 1121–1131) with its goal to improve marine resource conservation, management, and utilization. The Act was last 

reauthorized by the National Sea Grant College Program Act 

Amendments of 2002 (Public Law 107–299), and the authorization 

of appropriations expires at the end of Fiscal Year 2008. 

The National Sea Grant College Program is patterned after the 

Land Grant College System, which was created in 1862. Though 

originally assigned to the National Science Foundation, the National Sea Grant Office (NSGO) is now housed within the National 

Oceanic and Atmospheric Administration (NOAA). Today, ‘‘Sea 

Grant,’’ as it is commonly called, reflects a nationwide network of 

over 30 Sea Grant College programs comprised of researchers, educators, and marine extension agents at some of the nation’s top 

academic institutions. 

Sea Grant Colleges sponsor a wide range of applied and basic 

marine science research, education, training, and technical assistance programs promoting the understanding and utilization of 

ocean, coastal and Great Lakes resources. Sea Grant advisory and 

extension staff provide informal education for the general public, 

disseminate research findings to user groups, and communicate 

local needs and problems to Sea Grant and other marine-related 

program managers and researchers. 

The system also supports education and training through its two 

fellowship programs, the John A. Knauss Marine Policy Fellowship 

and the Sea Grant/NOAA Fisheries Graduate Fellowship. 

Sea Grant enjoys the input and support of the Sea Grant Review 

Panel (Review Panel). This panel is made up of 15 members with 

marine science backgrounds or knowledge and experience in the 

fields where Sea Grant works. 

Sea Grant designation standards 

To be designated a Sea Grant College, a candidate program must 

demonstrate the following: 

—a record of superior performance in marine resource programs for a minimum of three years; 


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—well-developed relationships with the federal government, 

state agencies, local authorities, business and industry, and 

other educational institutions; 

—a degree of productivity commensurate with the length of its 

Sea Grant operations and the level of funding under which it 

has worked; and an ability to obtain matching funds from nonfederal sources, such as state legislatures and agencies, university management, and business and industry. 

Once designated, a Sea Grant program may compete for federal 

grants for up to two-thirds of the total cost of a project. At least 

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

matching funds. 

Sea Grant Program development since 2002 

The most significant developments over the past six years pertain to Sea Grant’s strategic planning and program evaluation 

procedures. The National Sea Grant College Program Act Amendments of 2002 directed NOAA to contract with the National Research Council (NRC) to evaluate Sea Grant’s process of reviewing 

individual programs and recommend ways to improve the overall 

effectiveness of the evaluation process to ensure fairness, consistency, and enhancement of performance. In its 2006 report, the 

NRC noted that ‘‘real improvements have occurred’’ in Sea Grant 

since changes were instituted after the last NRC evaluation in 

1994. The 2006 report recommended: 

—strengthening the strategic planning process for the individual programs; 

—increasing the interaction between the NSGO and the individual programs; and 

—improving the program rating and ranking process through 

annual assessments by the national office. 

In addition, the report provided recommendations to improve the 

independent reviews that are conducted on a four-year cycle. 

Sea Grant’s response to the NRC report dovetailed with the Bush 

administration’s efforts to carry out the recommendations of the 

U.S. Commission on Ocean Policy. The Administration’s 2004 U.S. 

Ocean Action Plan called for the National Science and Technology 

Council’s Joint Subcommittee on Ocean Science and Technology to 

prepare an Ocean Research Priorities Plan and Implementation 

Strategy (Strategy). Issued in 2007 after significant input from the 

ocean research community, the Strategy established priorities for 

ocean science and technology for the next decade. Using this new 

interagency priorities plan for ocean science, NSGO and the Sea 

Grant colleges nationwide have developed a new strategic plan that 

links Sea Grant’s priorities with the larger interagency effort. 

The realigned strategic planning effort, combined with the improvements in the review process recommended by the National 

Academy of Sciences, sets Sea Grant on a more strategic course for 

the future. 

Program enhancements 

H.R. 5618, the National Sea Grant College Program Act Amendments of 2008, would refine the Act to modestly expand and clarify 

the scope and purposes of the National Sea Grant College Program 

in accordance with this framework. 


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The bill would invigorate oversight and accountability by expanding the responsibilities of the Review Panel, renaming this panel 

the ‘‘National Sea Grant Advisory Board’’ to more appropriately reflect a broader and ongoing responsibility on behalf of Sea Grant. 

The Board would be charged with providing advice to the Secretary 

of Commerce to ensure Sea Grant activities are consistent with and 

supportive of national objectives. 

In addition, the bill would increase the percentage of funds exempt from the non-federal match requirement from the current 1% 

to 5%. Many Sea Grant programs address issues of local as well as 

national concern. In the case of local Sea Grant projects within 

states, the general match requirement is appropriate. However, the 

match requirement makes it difficult for Sea Grant to participate 

in joint competitive programs with other NOAA offices or other federal agencies because of the fact that incoming proposals for Sea 

Grant funding require a match, while proposals from the other 

agencies often do not. 

As indicated, the bill would amend Sea Grant program performance review standards. While intended to improve competition, the 

ranking system review requirements adopted as part of the 2002 

amendments have created a disincentive for programs to work cooperatively or form partnerships. Implementation of new, NRC-recommended measures for program review, combined with planning 

to achieve continuous program improvement, should ensure effective program assessments. 

As the needs of our coastal communities have increased, funding 

for the Sea Grant program to support these needs has not kept 

pace. With the costs of research and education rising, the near flatfunding of Sea Grant during the last few years has forced programs 

to reduce a number of education and outreach activities, leaving 

numerous high-quality research and outreach projects unsupported. 

These growing needs juxtaposed with the current budgetary landscape underpin the reasonable and justifiable increases in authorized appropriations reflected in H.R. 5618. Authorized funding levels would increase incrementally from $66 million to $100 million 

for the period between Fiscal Year 2009 through Fiscal Year 2014. 

The National Sea Grant College Program has established an impressive record over the course of its 42-year history. H.R. 5618 

builds on the experience of the Sea Grant Association, the Review 

Panel, NSGO, and Sea Grant’s national network of stakeholders to 

strengthen this important extramural marine science and outreach 

program. 

COMMITTEE ACTION

H.R. 5618 was introduced on March 13, 2008 by Subcommittee 

on Fisheries, Wildlife and Oceans Chairwoman Madeleine Z. 

Bordallo (D–GU). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

Fisheries, Wildlife and Oceans. The Subcommittee on Fisheries, 

Wildlife and Oceans heard the bill on April 3, 2008. Supportive testimony was received by all witnesses including the Administration. 

The Subcommittee on Fisheries, Wildlife and Oceans met to consider H.R. 5618 on April 23rd. It was recommended to the Full 

Committee by unanimous consent with an en bloc amendment, offered by Chairwoman Bordallo, which made three technical 


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changes to H.R. 5618. The amendment corrected two drafting errors and clarified that only the Dean John A. Knauss Marine Policy 

Fellowship Program would be exempted from the statute’s matching requirement. 

On April 30, 2008, the Natural Resources Committee met to consider the committee print of the bill as forwarded by the Fisheries, 

Wildlife and Oceans Subcommittee. The bill, as amended, was ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 cites this Act as the ‘‘National Sea Grant College Program Amendments Act of 2008.’’ 

Section 2. References 

Section 2 clarifies that all amendment references in the legislation are to the National Sea Grant College Program Act (33 U.S.C. 

1121 et seq.). 

Section 3. Findings and purposes 

Section 3 amplifies the extension aspects of the Sea Grant program and cites the relevance of the National Ocean Research Priorities Plan and Implementation Strategy to the Sea Grant Program. 

Section 4. Definitions 

Section 4 defines key terms included within the text of the proposed legislation, including ‘‘regional research and information 

plan’’ and ‘‘National Ocean Research Priorities Plan and Implementation Strategy’’ where they appear in the bill. 

Section 5. National Sea Grant College Program, generally 

Section 5 makes minor amendments to the Sea Grant program 

and augments the functions of the Director of the National Sea 

Grant College Program to include encouraging collaborations 

among Sea Grant colleges and institutions. Section 5 also amends 

the Sea Grant program performance review standards. Adopted as 

part of the 2002 amendments, the review requirements have had 

the unintended consequence of creating a disincentive for programs 

to work cooperatively or form partnerships. Implementation of new 

measures for program review combined with policies aimed at advancing ‘‘continuous program improvement’’ should ensure effective 

program assessments. 

Section 6. Program or project grants and contracts 

Section 6 exempts the Dean John A. Knauss Marine Policy Fellowship Program from having to match grant awards in order to 

achieve parity between fellows placed in Congressional offices with 

those fellows placed in federal agencies. 

This section also increases the percentage of funds exempt from 

the non-federal match requirement from the current 1% to 5%. 


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

Institutes 

Section 7 clarifies that one of the requirements for designation 

includes an extension program (as opposed to an ‘‘advisory service’’). 

Section 8. Technical correction relating to fellowships 

This section updates the statutory language requiring a report 

every two years on efforts to include minority and economically disadvantaged students. 

Section 9. National Sea Grant Advisory Board 

Section 9 expands the responsibilities of the National Sea Grant 

Review Panel, renaming the panel as the ‘‘National Sea Grant Advisory Board’’ to more appropriately and accurately describe its 

purpose and function. 

Section 10. Authorization of appropriations 

Section 10 authorizes funding levels from $66 million to $100 

million for the period between Fiscal Year 2009 through Fiscal 

Year 2014. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to reauthorize and amend the National Sea Grant 

College Program Act. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the ComVerDate Aug 31 2005 06:30 Jun 11, 2008 Jkt 069006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR701P1.XXX HR701P1

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mittee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 5618—National Sea Grant College Program Amendments Act 

of 2008 

Summary: H.R. 5618 would authorize funding for the national 

sea grant program, which is administered by the National Oceanic 

and Atmospheric Administration (NOAA). Assuming appropriation 

of the authorized amounts, CBO estimates that spending for the 

program from those appropriations would total $316 million over 

the 2009–2013 period, in addition to $51 million from funding provided in previous years. An additional $182 million would be spent 

after 2013, including $100 million authorized to be appropriated for 

2014. Enacting H.R. 5618 would not affect direct spending or revenues. 

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

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

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 5618 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 2013 

Spending for Sea Grants Under Current Law: 

Budget Authority 1 ............................................................... 57 0 0 0 0 0 

Estimated Outlays ............................................................... 55 40 11 0 0 0 

Proposed Changes: 

Authorization Level .............................................................. 0 66 73 80 86 93 

Estimated Outlays ............................................................... 0 20 55 74 80 87 

Spending for Sea Grants Under H.R. 5618: 

Authorization Level 1 ............................................................ 57 66 73 80 86 93 

Estimated Outlays ............................................................... 55 60 66 74 80 87 

1 The 2008 level is the amount appropriated for that year for the sea grants program. 

Basis of estimate: H.R. 5618 would authorize the appropriation 

of $498 million, including $398 million over the 2009–2013 period 

and $100 million for fiscal year 2014, for the national sea grant 

program. Those amounts are used by NOAA for grants, fellowships, 

and related administrative functions under the program. For this 

estimate, CBO assumes that all amounts authorized by H.R. 5618 

will be appropriated by the start of each fiscal year and that outlays will follow historical spending patterns for the sea grants program. 

Intergovernmental and private-sector impact: H.R. 5618 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. The bill would benefit public universities by reauthorizing 

the national sea grant program, which provides grants to institutions of higher education. Any costs that state, local, or tribal governments might incur, including providing matching funds, would 

result from complying with conditions of aid. 

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

state, local, and tribal governments: Neil Hood; Impact on the private sector: Amy Petz. 


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Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 5618 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

NATIONAL SEA GRANT COLLEGE PROGRAM ACT 

TITLE II—NATIONAL SEA GRANT COLLEGE PROGRAM 

* * * * * * * 

SEC. 202. DECLARATION OF POLICY. 

(a) FINDINGS.—The Congress finds and declares the following: 

(1) The national interest requires a strategy to— 

(A) * * * 

* * * * * * * 

ø(D) encourage the development of forecast and analysis 

systems for coastal hazards;¿ 

(D) encourage the development of preparation, forecast, 

analysis, mitigation, response, and recovery systems for 

coastal hazards; 

* * * * * * * 

(2) Investment in a strong øprogram of research, education,¿ 

program of integrated research, education, extension, training, 

technology transfer, and public service is essential for this 

strategy. 

* * * * * * * 

ø(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 


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Administration scientists and scientists at academic institutions.¿ 

(6) The National Ocean Research Priorities Plan and Implementation Strategy issued by the National Science and Technology Council’s Joint Subcommittee on Ocean Science and 

Technology on January 26, 2007, identifies research priorities 

for compelling areas of interaction between society and the 

ocean, and calls for the engagement of a broad array of ocean 

science sectors (government, academia, industry, and non-government entities) to address the areas of greatest research need 

and opportunity. 

(7) The National Oceanic and Atmospheric Administration, 

through the national sea grant college program, offers the most 

suitable locus and means for such commitment and engagement 

through the promotion of activities that will result in greater 

such understanding, assessment, development, utilization, and 

conservation. The most cost-effective way to promote such activities is through continued and increased Federal support of the 

establishment, development, and operation of programs and 

projects by sea grant colleges, sea grant institutes, and other institutions, including strong collaborations between Administration scientists and research and outreach personnel at academic 

institutions. 

* * * * * * * 

(c) PURPOSE.—It is the purpose of the Congress to achieve the objective of this title by extending and strengthening the national sea 

grant program, initially established in 1966, øto promote research, 

education, training, and advisory service activities¿ to promote integrated research, education, training, and extension activities in 

fields related to ocean, coastal, and Great Lakes resources. 

SEC. 203. DEFINITIONS. 

As used in this title— 

(1) * * * 

* * * * * * * 

ø(9) The term ‘‘panel’’ means the sea grant review panel established under section 209.¿ 

(9) The term ‘‘Board’’ means the National Sea Grant Advisory 

Board established under section 209. 

* * * * * * * 

(11) The term ‘‘project’’ means any individually described activity in a field related to ocean, coastal, and Great Lakes resources involving research, education, training, or øadvisory 

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 ø(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 ø(33 

U.S.C. 1126)¿ of this Act. 

* * * * * * * 


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(17) The term ‘‘regional research and information plan’’ 

means a plan developed by one or more sea grant colleges or sea 

grant institutes that identifies regional priorities to implement 

the National Ocean Research Priorities Plan and Implementation Strategy. 

(18) The term ‘‘National Ocean Research Priorities Plan and 

Implementation Strategy’’ means such plan and strategy issued 

by the National Science and Technology Council’s Joint Subcommittee on Ocean Science and Technology on January 26, 

2007. 

SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM. 

(a) * * * 

(b) PROGRAM ELEMENTS.—The national sea grant college program shall consist of the financial assistance and other activities 

authorized in this title, and shall provide support for the following 

elements— 

ø(1) sea grant programs which comprise a national sea grant 

college program network, including international projects conducted within such programs; 

ø(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; 

* * * * * * * 

ø(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 øpanel¿ 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) øWithin 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 øpanel¿ 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 


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13 

grant colleges and sea grant institutes of proposals for grants 

and contracts to be awarded under section 205, providing, at 

a minimum, for standardized documentation of such proposals 

and peer review of all research projects. 

* * * * * * * 

(8) The Board may establish such subcommittees as are reasonably necessary to carry out its duties under subsection (b). 

Such subcommittees may include individuals who are not 

Board members. 

(d) DIRECTOR OF THE NATIONAL SEA GRANT COLLEGE PROGRAM.— (1) * * * 

(2) Subject to the supervision of the Secretary, the Director 

shall administer the national sea grant college program and 

oversee the operation of the national sea grant office. In addition to any other duty prescribed by law or assigned by the 

Secretary, the Director shall— 

(A) facilitate and coordinate the development of a ølongrange¿ strategic plan under subsection (c)(1); 

* * * * * * * 

(3) With respect to sea grant colleges and sea grant institutes, the Director shall— 

(A)ø(i) evaluate¿ evaluate and assess the performance of 

the programs of sea grant colleges and sea grant institutes, using the priorities, guidelines, and qualifications 

established by the Secretary under subsection (c), and determine which of the programs are the best managed and 

carry out the highest quality research, education, extension, and training øactivities; and¿ activities; 

ø(ii) rate the programs according to their relative performance (as determined under clause (i)) into no less than 

5 categories, with each of the 2 best-performing categories 

containing no more than 25 percent of the programs;¿ 

(B) subject to the availability of appropriations, allocate 

funding among sea grant colleges and sea grant institutes 

so as to— 

(i) * * * 

(ii) encourage collaborations among sea grant colleges and sea grant institutes to address regional and 

national priorities established under subsection (c)(1); 

ø(ii) encourage¿ (iii) ensuring successful implementation of sea grant programs; 

ø(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 

ø(iv)¿ (v) encourage and promote coordination and 

cooperation between the research, education, and outreach programs of the Administration and those of 

academic institutions; and 

* * * * * * * 

SEC. 205. CONTRACTS AND GRANTS. 

(a) IN GENERAL.—The Secretary may make grants and enter into 

contracts under this subsection to assist any sea grant program or 

project if the Secretary finds that such program or project will— 


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14 

(1) * * * 

* * * * * * * 

The total amount paid pursuant to any such grant or contract may 

equal 662⁄3 percent, or any lesser percent, of the total cost of the 

sea grant program or project involved; except that this limitation 

shall not apply in the case of grants or contracts paid for with 

funds accepted by the Secretary under section 204(c)(4)(F) or that 

are appropriated under section 208(b). 

(b) SPECIAL GRANTS.—The Secretary may make special grants 

under this subsection to implement the objective set forth in section 202(b). The amount of any such grant may equal 100 percent, 

or any lesser percent, of the total cost of the project involved. No 

grant may be made under this subsection unless the Secretary 

finds that— 

(1) * * * 

* * * * * * * 

(3) the same or equivalent benefit cannot be obtained 

through the award of a contract or grant under subsection (a). 

øThe total amount which may be provided for grants under this 

subsection during any fiscal year shall not exceed an amount equal 

to 1 percent of the total funds appropriated for such year pursuant 

to section 212.¿ 

The total amount that may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 

5 percent of the total funds appropriated for such year under section 

212. 

* * * * * * * 

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

(a) DESIGNATION.— (1) A sea grant college or sea grant institute shall meet the 

following qualifications— 

(A) * * * 

* * * * * * * 

(F) meet such other qualifications as the Secretary, in 

consultation with the øpanel¿ Board, considers necessary 

or appropriate. 

(2) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea 

grant college if the institution, association, or alliance— 

(A) * * * 

(B) maintains a program of research, øadvisory services¿ 

extension services, training, and education in fields related 

to ocean, coastal, and Great Lakes resources. 

(3) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea 

grant institute if the institution, association, or alliance— 

(A) * * * 

(B) maintains a program which includes, at a minimum, 

research and øadvisory services¿ extension services. 

* * * * * * * 


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(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 øpanel¿ Board, a program that is consistent 

with the guidelines and priorities established under section 

204(c); and 

* * * * * * * 

SEC. 208. FELLOWSHIPS. 

(a) IN GENERAL.—To carry out the educational and training objectives of this Act, the Secretary shall support a program of fellowships for qualified individuals at the graduate and post-graduate 

level. The fellowships shall be related to ocean, coastal, and Great 

Lakes resources and awarded pursuant to guidelines established by 

the Secretary. The Secretary shall strive to ensure equal access for 

minority and economically disadvantaged students to the program 

carried out under this subsection. øNot 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. 

* * * * * * * 

øSEC. 209. SEA GRANT REVIEW PANEL. 

ø(a) ESTABLISHMENT.—There shall be established an independent 

committee to be known as the sea grant review panel. 

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

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

grants and contracts awarded under section 205 ; 

ø(2) the sea grant fellowship program; 

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

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

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

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

for review and advice. 

The Secretary shall make available to the panel such information, 

personnel, and administrative services and assistance as it may 

reasonably require to carry out its duties.¿ 

SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD. 

(a) ESTABLISHMENT.—There shall be an independent committee to 

be known as the National Sea Grant Advisory Board. 

(b) DUTIES.— 

(1) IN GENERAL.—The Board shall advise the Secretary and 

the Director concerning— 

(A) strategies for utilizing the sea grant college program 

to address the Nation’s highest priorities regarding the understanding, assessment, development, utilization, and conservation of ocean, coastal, and Great Lakes resources; 

(B) the designation of sea grant colleges and sea grant institutes; and 


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16 

(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 øpanel¿ 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 øpanel¿ Board. Not less than 8 of the 

voting members of the øpanel¿ Board shall be individuals who, by 

reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields included in marine 

science. The other voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified 

in, or representative of, education, marine affairs and resource 

management, extension services, State government, industry, economics, planning, or any other activity which is appropriate to, and 

important for, any effort to enhance the understanding, assessment, development, utilization, or conservation of ocean, coastal, 

and Great Lakes resources. No individual is eligible to be a voting 

member of the øpanel¿ Board if the individual is (A) the director 

of a sea grant college or sea grant institute; (B) an applicant for, 

or beneficiary (as determined by the Secretary) of, any grant or 

contract under section 205; or (C) a full-time officer of employee of 

the United States. 

(2) The term of office of a voting member of the øpanel¿ Board 

shall be 3 years for a member appointed before the date of enactment of the National Sea Grant College Program Act Amendments 

of 2002, and 4 years for a member appointed or reappointed after 

the date of enactment of the National Sea Grant College Program 

Act Amendments of 2002. The Director may extend the term of office of a voting member of the øpanel¿ Board appointed before the 

date of enactment of the National Sea Grant College Program Act 

Amendments of 2002 by up to 1 year. At least once each year, the 

Secretary shall publish a notice in the Federal Register soliciting 

nominations for membership on the øpanel¿ Board. 

(3) Any individual appointed to a partial or full term may be reappointed for one addition full term. øA voting member may serve 

after the date of the expiration of the term of office for which appointed until his or her successor has taken office.¿ The Director 

may extend the term of office of a voting member of the Board once 

by up to 1 year. 

(4) The øpanel¿ 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 øpanel¿ Board shall— 

(A) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under 


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17 

section 5376 of title 5, United States Code, when actually engaged in the performance of duties for such øpanel¿ Board; 

and 

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

(6) The øpanel¿ 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 øpanel¿ Board may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b). 

* * * * * * * 

SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

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

to the Secretary to carry out this title— 

ø(A) $60,000,000 for fiscal year 2003; 

ø(B) $75,000,000 for fiscal year 2004; 

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

ø(D) $80,000,000 for fiscal year 2006; 

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

ø(F) $85,000,000 for fiscal year 2008. 

ø(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— 

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

other important aquatic nonnative species; 

ø(B) $5,000,000 for competitive grants for university research on oyster diseases, oyster restoration, and oyster-related human health risks; 

ø(C) $5,000,000 for competitive grants for university research on the biology, prevention, and forecasting of harmful algal blooms, including Pfiesteria piscicida; and 

ø(D) $3,000,000 for competitive grants for fishery extension activities conducted by sea grant colleges or sea grant 

institutes to enhance, and not supplant, existing core program funding.¿ 

(a) AUTHORIZATION.—There are authorized to be appropriated to 

the Secretary to carry out this title— (1) $66,000,000 for fiscal year 2009; 

(2) $72,800,000 for fiscal year 2010; 

(3) $79,600,000 for fiscal year 2011; 

(4) $86,400,000 for fiscal year 2012; 

(5) $93,200,000 for fiscal year 2013; and 

(6) $100,000,000 for fiscal year 2014. 

* * * * * * * 

ø(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: 

ø(1) sea grant programs, according to their rating under section 204(d)(3)(A); 


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18 

ø(2) national strategic investments authorized under section 

204(b)(4); 

ø(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 

ø(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).¿ 

ø(d)¿ (c) AVAILABILITY OF SUMS.—Sums appropriated pursuant to 

this section shall remain available until expended. 

ø(e)¿ (d) REVERSION OF UNOBLIGATED AMOUNTS.—The amount of 

any grant, or portion of a grant, made to a person under any section of this Act that is not obligated by that person during the first 

fiscal year for which it was authorized to be obligated or during the 

next fiscal year thereafter shall revert to the Secretary. The Secretary shall add that reverted amount to the funds available for 

grants under the section for which the reverted amount was originally made available. 

SECTION 307 OF THE ACT OF MARCH 9, 1992 

(Public Law 102–251) 

AN ACT to provide for the designation of the Flower Garden Banks National 

Marine Sanctuary. 

øNATIONAL SEA GRANT COLLEGE PROGRAM

øSEC. 307. (a) DEFINITIONS.—Section 203(6) of the National Sea 

Grant College Program Act (33 U.S.C. 1122(6)) is amended— 

ø(1) by striking ‘‘and’’ at the end of subparagraph (E); 

ø(2) by redesignating subparagraph (F) as subparagraph (G); 

and 

ø(3) by inserting immediately after subparagraph (E) the following new subparagraph: 

ø‘‘(F) the areas referred to as eastern special areas in Article 

3(1) of the Agreement between the United States of America 

and the Union of Soviet Socialist Republics on the Maritime 

Boundary, signed June 1, 1990; in particular, those areas east 

of the maritime boundary, as defined in that Agreement, that 

lie within 200 nautical miles of the baselines from which the 

breadth of the territorial sea of Russia is measured but beyond 

200 nautical miles of the baselines from which the breadth of 

the territorial sea of the United States is measured; and’’. 

ø(b) INTERNATIONAL PROGRAM.—Section 3(a)(6) of the Sea Grant 

Program Improvement Act of 1976 (33 U.S.C. 1124a(a)(6)) is 

amended by inserting ‘‘and special areas’’ immediately after ‘‘exclusive economic zone’’.¿ 

Æ 


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