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107th Congress                                            Rept. 107-369
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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



 
       NATIONAL SEA GRANT COLLEGE PROGRAM ACT AMENDMENTS OF 2002

                                _______
                                

                 March 7, 2002.--Ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3389]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3389) to reauthorize 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 Act 
Amendments of 2002''.

SEC. 2. AMENDMENTS TO FINDINGS AND OBJECTIVE.

  (a) Findings.--Section 202(a)(6) of the National Sea Grant College 
Program Act (33 U.S.C. 1121(a)(6)) is amended by striking the period at 
the end and inserting ``, including strong collaborations between 
Administration scientists and scientists at academic institutions.''.
  (b) Objective.--Section 202(b) of the National Sea Grant College 
Program Act (33 U.S.C. 1121(b)) is amended by striking ``and'' before 
``multidisciplinary'', and by striking the period at the end and 
inserting ``, and the conservation and management of coastal and ocean 
resources.''.

SEC. 3. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COLLEGE PROGRAM.

  (a) Program Elements.--Section 204(b)(4) of the National Sea Grant 
College Program Act (33 U.S.C. 1123(b)(4)) is amended to read as 
follows:
          ``(4) the coastal ocean research program, a national 
        competitive research program to support activities designed to 
        improve our understanding of and ability to manage coastal and 
        Great Lakes resources and to promote partnerships between the 
        national sea grant college program and other programs within 
        the Administration.''.
  (b) Functions of Director.--Section 204(d)(3)(B) of the National Sea 
Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended by 
striking ``and'' after the semicolon at the end of clause (ii) and by 
adding at the end the following:
                          ``(iv) encourage and promote coordination and 
                        cooperation between the research, education, 
                        and outreach programs of the Administration and 
                        those of academic institutions; and''.

SEC. 4. COST SHARE OF COASTAL OCEAN RESEARCH GRANTS.

  Section 205(a) of the National Sea Grant College Program Act (33 
U.S.C. 1124(a)) is amended by striking ``section 204(d)(6)'' and 
inserting ``section 204(c)(4)(F) and in the case of grants under 
subsection (a) of this section to assist coastal and ocean research''.

SEC. 5. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL.

  Section 209(c)(2) of the National Sea Grant College Program Act (33 
U.S.C. 1128(c)(2)) is amended by striking the first sentence and 
inserting the following: ``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.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Subsections (a) and (b) of section 212 of the 
National Sea Grant College Program Act (33 U.S.C. 1131) are amended to 
read as follows:
  ``(a) Authorization.--
          ``(1) In general.--There is 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) Zebra mussel, oyster, and harmful algal bloom 
        research.--In addition to the amount authorized under paragraph 
        (1), there is authorized to be appropriated for each of fiscal 
        years 2004 through 2008--
                  ``(A) $5,000,000 for competitive grants for 
                university research on the zebra mussel biology and 
                control;
                  ``(B) $5,000,000 for competitive grants for 
                university research on oyster diseases, oyster 
                restoration, and oyster-related human health risks; and
                  ``(C) $5,000,000 for competitive grants for 
                university research on the biology, prevention, and 
                forecasting of harmful algal blooms, including 
                Pfiesteria piscicida.
          ``(3) Coastal ocean research program.--There is authorized to 
        be appropriated to the Secretary to carry out the coastal ocean 
        research program under section 204(b)(4)--
                  ``(A) $22,000,000 for fiscal year 2004;
                  ``(B) $24,000,000 for fiscal year 2005;
                  ``(C) $26,000,000 for fiscal year 2006;
                  ``(D) $28,000,000 for fiscal year 2007; and
                  ``(E) $30,000,000 for fiscal year 2008.
  ``(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.''.
  (b) Repeal.--Such section is further amended by repealing subsection 
(c) and redesignating subsections (d) and (e) as subsections (c) and 
(d), respectively.

SEC. 7. ASSISTANCE FOR PACIFIC ISLANDS REGIONAL CONSORTIUM.

  (a) In General.--The Secretary of Commerce shall make grants to an 
eligible Pacific Islands regional consortium for activities necessary 
for the consortium to qualify for designation as a sea grant college 
under section 207 of the National Sea Grant College Program Act (33 
U.S.C. 1126).
  (b) Eligible Consortium.--For purposes of subsection (a) the term 
``eligible Pacific Islands regional consortium'' means an association 
or alliance of institutions that includes as members the College of the 
Marshall Islands, the College of Micronesia-Federated States of 
Micronesia, Northern Marianas College, Palau Community College, and the 
University of Guam.
  (c) Distribution and Use of Grant Funds.--Amounts provided as a grant 
under this section to an eligible Pacific Islands regional consortium 
shall be distributed among the members of the consortium for use to 
develop program elements required for the consortium to meet the 
qualifications for designation as a sea grant college.
  (d) Administrative and Technical Assistance.--The Secretary of 
Commerce shall provide administrative and technical assistance to a 
grantee under this section to assist the grantee in becoming designated 
as a sea grant college.
  (e) Authorization of Appropriations.--
          (1) In general.--In addition to the other amounts authorized 
        by this Act, to carry out this section there is authorized to 
        be appropriated to the Secretary of Commerce $2,700,000, of 
        which--
                  (A) $2,5000,000 shall be available for grants under 
                subsection (a); and
                  (B) $200,000 shall be for administrative expenses of 
                the Secretary, including site visits, program reviews, 
                and the provision of administrative and technical 
                assistance.
          (2) Continuing availability.--Amounts appropriated under this 
        section may remain available until expended.

                          Purpose of the Bill

    The purpose of H.R. 3389 is to reauthorize the National Sea 
Grant College Program Act, and for other purposes.

                  Background and Need for Legislation

    The National Sea Grant College program was established by 
the National Sea Grant College Program Act (33 U.S.C. 1121-
1131) in 1966 to improve marine resource conservation, 
management, and utilization. The program is patterned after the 
Land Grant College program. Originally assigned to the National 
Science Foundation, Sea Grant has been located within the 
National Oceanic and Atmospheric Administration (NOAA) of the 
Department of Commerce since 1970 when NOAA was created. The 
Act authorizes the Sea Grant College network, the National Sea 
Grant Office and the National Sea Grant Review Panel. 
Currently, there are 30 Sea Grant College programs that 
represent a network of researchers, educators and marine 
advisory agents at over 300 academic institutions.
    To be designated a Sea Grant College, the applicant must 
demonstrate a record of superior performance in marine resource 
programs for a minimum of three years. Designated programs 
receive federal funding for two thirds the cost of an eligible 
activity. The Sea Grant core program provides assistance to Sea 
Grant Colleges for research, education, and advisory services 
in fields related to ocean, coastal and Great Lakes resources.
    Research funding is devoted to the development of marine 
and freshwater resources and related technology and studies 
relevant to the understanding, assessment, development, 
utilization or conservation of ocean, coastal, and Great Lakes 
resources. Most research programs are proposed by the Sea Grant 
Colleges. However, national research initiatives are also 
funded. The Act authorizes specific research on zebra mussels, 
oyster diseases and the human health effects of oyster-born 
diseases that effect humans, and harmful algal blooms. Funding 
for harmful algal bloom research has been authorized, but no 
funds have ever been appropriated for this program.
    Education programs include the development and 
strengthening of training programs for marine scientists and 
technicians as well as education in aquatic sciences for 
secondary school students and teachers. Sea Grant Colleges also 
provide year long fellowships to graduate students in marine 
related disciplines. The fellows work with Congressional 
offices, federal agencies or industry sponsors.
    Sea Grant extension agents provide informal education for 
the general public, technical advice and instruction in marine 
related topics, dissemination of research findings to user 
groups, and identification and communication of local needs and 
problems to Sea Grant and other marine resource-related program 
managers and researchers.
    The Act also authorizes the Sea Grant Review Panel to 
advise the Secretary of Commerce on matters relating to Sea 
Grant. The 15 members have marine science backgrounds or 
knowledge and experience in related fields.
    Current authorization for appropriations run through 
September 30, 2003. In Fiscal Year (FY) 2002, $62.4 million was 
appropriated, including $6 million for the zebra mussel and 
oyster-related national initiatives. Overall, this was only a 
modest increase from the FY 2001 appropriated level of $62.1 
million. The Administration request for the transfer of the Sea 
Grant program's budget authority to the National Science 
Foundation offered in the FY 2003 budget is strongly opposed by 
the Committee on Resources. The Committee is recommending 
funding within NOAA for Sea Grant at $75 million for FY 2004 
with increases to $85 million by FY 2008.

                            Committee Action

    H.R. 3389 was introduced on November 30, 2001, by 
Congressman Wayne T. Gilchrest (R-MD). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
October 18, 2001, the Subcommittee held a hearing on the 
National Sea Grant College program. On December 6, 2001, the 
Subcommittee met to mark up the bill. Congressman Robert 
Underwood (D-GU) offered an amendment that authorized the 
Secretary of Commerce to make grants to an eligible Pacific 
Islands regional consortium for activities necessary for the 
consortium to qualify for designation as an independent Sea 
Grant College as required under section 207 of the National Sea 
Grant College Program Act. To date, consortium members have 
received $200,000 from NOAA to develop an application for a 
Pacific Islands regional Sea Grant College program. This 
amendment directed NOAA through its existing authority under 
Section 205 of the Sea Grant College Program Act to continue to 
provide sufficient levels of financial and technical assistance 
to enable consortium members to develop the requisite program 
elements necessary for approval as a Sea Grant College. The 
amendment did not prescribe how funds were to be distributed or 
spent by consortium members. Neither did the amendment affect 
any existing agreement or relationship that any consortium 
member might have with any other approved Sea Grant College or 
Sea Grant Institute. The amendment was adopted by voice vote. 
The bill was then ordered favorably reported to the Full 
Committee by voice vote. On February 27, 2001, the Full 
Resources Committee met to consider the bill. Congressman Eni 
Faleomavaega (D-AS) offered and subsequently withdrew an 
amendment to provide funds to the University of the Virgin 
Islands and the American Samoa Community College for specified 
purposes. The bill as amended was then ordered favorably 
reported to the House of Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    This bill may be cited as the ``National Sea Grant College 
Program Act Amendments of 2002''.

Section 2. Amendments to findings and objective

    This section amends the National Sea Grant College Program 
Act to include an emphasis onocean and coastal resources 
conservation and management and encourage collaboration between 
academia and the scientists and programs of the National Oceanic and 
Atmospheric Administration.

Section 3. Requirements applicable to National Sea Grant College 
        Program

    This section amends Section 204(b)(4) of the National Sea 
Grant College Program Act replacing the program element 
authorizing National Strategic Initiatives with an 
authorization for coastal ocean research. Though some funds 
have been set aside for national research competitions, the no 
specific funds have ever been provided for the National 
Strategic Initiatives. The coastal ocean research program is 
currently located in the National Ocean Service at NOAA. It 
serves a virtually identical purpose to Sea Grant, and 
administrative savings can be achieved if the programs are 
operated jointly. The section also creates a new function for 
the Director of Sea Grant. The Director shall encourage and 
promote cooperation between the research, education and 
outreach programs of NOAA and universities.

Section 4. Cost of coastal ocean research grants

    This section makes clear that the coastal ocean research 
grants authorized under the amended Section 204(b)(4) are not 
subject to cost sharing.

Section 5. Terms of membership for Sea Grant Review Panel

    This section changes the length of the terms of office for 
members of the Sea Grant Review Panel appointed or reappointed 
after the date of enactment of this act from three years to 
four years. It also allows the Director to extend the terms of 
members appointed before the enactment of H.R. 3389 by up to 12 
months.

Section 6. Authorization of appropriations

    For the base Sea Grant program, this section authorizes $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 bill also authorizes $5 million for each of FYs 2004-
2008 for research on zebra mussels, oyster diseases and the 
human health effects of oyster-born diseases that effect 
humans, and harmful algal blooms. For coastal ocean research 
grants, the bill authorizes $22 million for FY 2004; $24 
million for FY 2005; $26 million for FY 2006; $28 million for 
FY 2007; and $30 million for FY 2008.

Section 7. Assistance for Pacific Islands regional consortium

    This section directs the Secretary of Commerce to make 
grants to a Pacific Islands consortium in preparation for the 
creation of a Pacific Islands Sea Grant College. Grants will be 
distributed to the members of the consortium to develop program 
elements required to qualify for the designation as a Sea Grant 
College. This amendment authorizes $2.7 million for these 
activities.

            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 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 the National Sea Grant 
College Program Act.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 5, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3389, the National 
Sea Grant College Program Act Amendments of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                           Steven Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 3389--National Sea Grant College Program Act Amendments of 2001

    Summary: H.R. 3389 would authorize, through fiscal year 
2008, funding for the national sea grant college program and 
for coastal ocean research. Assuming appropriations of the 
authorized amounts, CBO estimates that the federal government 
would spend an additional $370 million over the 2003-2007 
period to carry out these activities under the legislation. (An 
additional $239 million would be spent after 2007.) The 
legislation would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    H.R. 3389 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. The bill would benefit public universities by 
reauthorizing the sea grant program, which provides grants to 
develop programs to improve the conservation, management, and 
utilization of marine resources. Any costs incurred by public 
universities to participate in this program would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3389 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--
                                                                 -----------------------------------------------
                                                                   2002    2003    2004    2005    2006    2007
----------------------------------------------------------------------------------------------------------------
Spending Under Current Law:
    Authorization Level \1\.....................................      84      69       0       0       0       0
    Estimated Outlays...........................................      81      77      51      23       0       0
Proposed Changes:
    Authorization Level.........................................       0       3     112     117     121     126
    Estimated Outlays...........................................       0       3      35      91     117     121
Spending Under H.R. 3389:
    Authorization Level.........................................      84      72     112     117     121     126
    Estimated Outlays...........................................      81      80      86     114     117     121
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year. The 2003 level is the amount authorized for
  appropriation for sea grants; there is no specific authorization level for coastal ocean research in any year.

    Basis of estimate: The bill would authorize appropriations 
of $479 million over the 2003-2007 period, plus $130 million 
for fiscal year 2008, to carry out the National Oceanic and 
Atmospheric Administration's contract, grant, fellowship, and 
administrative functions under the sea grant and coastal 
research programs. The authorization levels in the table are as 
stated in the bill, and include, in fiscal year 2003, the $2.7 
million authorized by section 7 for administrative and 
financial assistance to colleges in the Pacific Islands to 
enable them to become qualified for a sea grant.
    For the purposes of this estimate, CBO assumes that all 
amounts authorized in H.R. 3389 would be appropriated by the 
start of each fiscal year and that outlays would follow 
historical spending patterns for both programs.
    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 3389 contains no 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 sea 
grant program, which provides grants to develop programs to 
improve marine resource conservation, management, and 
utilization. Any costs incurred by public universities to 
participate in this program would be voluntary.
    Estimated impact on the private sector: H.R. 3389 would 
impose no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Cost: Deborah Reis; Impact on 
State, Local, and Tribal Governments: Elyse Goldman; and Impact 
on the Private Sector: Lauren Marks.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                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) * * *

           *       *       *       *       *       *       *

          (6) The National Oceanic and Atmospheric 
        Administration, through the national sea grant college 
        program, offers the most suitable locus and means for 
        such commitment and involvement through the promotion 
        of activities that will result in greater such 
        understanding, assessment, development, utilization, 
        and conservation. The most cost-effective way to 
        promote such activities is through continued and 
        increased Federal support of the establishment, 
        development, and operation of programs and projects by 
        sea grant colleges, sea grant institutes, and other 
        institutions[.], including strong collaborations 
        between Administration scientists and scientists at 
        academic institutions.
  (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[.], and the conservation and management of coastal and 
ocean resources.

           *       *       *       *       *       *       *


SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.

  (a) * * *
  (b) Program Elements.--The national sea grant college program 
shall consist of the financial assistance and other activities 
authorized in this title, and shall provide support for the 
following elements--
          (1) * * *

           *       *       *       *       *       *       *

          [(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) the coastal ocean research program, a national 
        competitive research program to support activities 
        designed to improve our understanding of and ability to 
        manage coastal and Great Lakes resources and to promote 
        partnerships between the national sea grant college 
        program and other programs within the Administration.

           *       *       *       *       *       *       *

  (d) Director of the National Sea Grant College Program.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) With respect to sea grant colleges and sea grant 
        institutes, the Director shall--
                  (A) * * *
                  (B) subject to the availability of 
                appropriations, allocate funding among sea 
                grant colleges and sea grant institutes so as 
                to--
                          (i) * * *
                          (ii) encourage successful 
                        implementation of sea grant programs; 
                        [and]

           *       *       *       *       *       *       *

                          (iv) encourage and promote 
                        coordination and cooperation between 
                        the research, education, and outreach 
                        programs of the Administration and 
                        those of academic institutions; and

           *       *       *       *       *       *       *


SEC. 205. CONTRACTS AND GRANTS.

  (a) In General.--The Secretary may make grants and enter into 
contracts under this subsection to assist any sea grant program 
or project if the Secretary finds that such program or project 
will--
          (1) implement the objective set forth in section 
        202(b); and
          (2) be responsive to the needs or problems of 
        individual States or regions.
The total amount paid pursuant to any such grant or contract 
may equal 66\2/3\ percent, or any lesser percent, of the total 
cost of the sea grant program or project involved; except that 
this limitation shall not apply in the case of grants or 
contracts paid for with funds accepted by the Secretary under 
[section 204(d)(6)] section 204(c)(4)(F) and in the case of 
grants under subsection (a) of this section to assist coastal 
and ocean research.

           *       *       *       *       *       *       *


SEC. 209. SEA GRANT REVIEW PANEL.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Membership, Terms, and Powers.--(1) * * *
  (2) [The 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 2001, and 4 years for a member appointed or 
reappointed after the date of enactment of the National Sea 
Grant College Program Act Amendments of 2001. 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 2001 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.

           *       *       *       *       *       *       *


SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Authorization.--
          [(1) In general.--There is authorized to be 
        appropriated to carry out this Act--
                  [(A) $56,000,000 for fiscal year 1999;
                  [(B) $57,000,000 for fiscal year 2000;
                  [(C) $58,000,000 for fiscal year 2001;
                  [(D) $59,000,000 for fiscal year 2002; and
                  [(E) $60,000,000 for fiscal year 2003.
          [(2) Zebra mussel and oyster research.--In addition 
        to the amount authorized for each fiscal year under 
        paragraph (1)--
                  [(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;
                  [(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
                  [(C) up to $3,000,000 may be made available 
                for competitive grants for university research 
                on Pfiesteria piscicida and other harmful algal 
                blooms.
  [(b) Program Elements.--
          [(1) Limitation.--No more than 5 percent of the 
        lesser of--
                  [(A) the amount authorized to be 
                appropriated; or
                  [(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).
          [(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.
  [(c) 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--
          [(1) for fiscal year 1992, not to exceed $1,400,000;
          [(2) for fiscal year 1993, not to exceed $3,000,000;
          [(3) for fiscal year 1994, not to exceed $3,000,000; 
        and
          [(4) for fiscal year 1995, not to exceed $3,000,000.]
  (a) Authorization.--
          (1) In general.--There is 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) Zebra mussel, oyster, and harmful algal bloom 
        research.--In addition to the amount authorized under 
        paragraph (1), there is authorized to be appropriated 
        for each of fiscal years 2004 through 2008--
                  (A) $5,000,000 for competitive grants for 
                university research on the zebra mussel biology 
                and control;
                  (B) $5,000,000 for competitive grants for 
                university research on oyster diseases, oyster 
                restoration, and oyster-related human health 
                risks; and
                  (C) $5,000,000 for competitive grants for 
                university research on the biology, prevention, 
                and forecasting of harmful algal blooms, 
                including Pfiesteria piscicida.
          (3) Coastal ocean research program.--There is 
        authorized to be appropriated to the Secretary to carry 
        out the coastal ocean research program under section 
        204(b)(4)--
                  (A) $22,000,000 for fiscal year 2004;
                  (B) $24,000,000 for fiscal year 2005;
                  (C) $26,000,000 for fiscal year 2006;
                  (D) $28,000,000 for fiscal year 2007; and
                  (E) $30,000,000 for fiscal year 2008.
  (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.
  [(d)] (c) Availability of Sums.--Sums appropriated pursuant 
to this section shall remain available until expended.
  [(e)] (d) Reversion of Unobligated Amounts.--The amount of 
any grant, or portion of a grant, made to a person under any 
section of this Act that is not obligated by that person during 
the first fiscal year for which it was authorized to be 
obligated or during the next fiscal year thereafter shall 
revert to the Secretary. The Secretary shall add that reverted 
amount to the funds available for grants under the section for 
which the reverted amount was originally made available.