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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 (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.
  (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.''.

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;
        --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 non-federal 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.
    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 flat-funding 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 
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%.

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 Committee 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.
    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) * * *

           *       *       *       *       *       *       *

                  [(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 [program of research, 
        education,] program of integrated research, education, 
        extension, training, technology transfer, and public 
        service is essential for this strategy.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

          [(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 [advisory services] extension 
        services administered by a person with expertise in 
        such a field.
          (12) The term ``sea grant college'' means any 
        institution, or any association or alliance of two or 
        more such institutions, designated as such by the 
        Secretary under section 207 [(33 U.S.C. 1126)] of this 
        Act.
          (13) The term ``sea grant institute'' means any 
        institution, or any association or alliance of two or 
        more such institutions, designated as such by the 
        Secretary under section 207 [(33 U.S.C. 1126)] of this 
        Act.

           *       *       *       *       *       *       *

          (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--
          [(1) sea grant programs which comprise a national sea 
        grant college program network, including international 
        projects conducted within such programs;
          [(2) administration of the national sea grant college 
        program and this title by the national sea grant 
        office, the Administration, and the panel;]
          (1) sea grant programs that comprise a national sea 
        grant college program network, including international 
        projects conducted within such programs and regional 
        and national projects conducted among such programs;
          (2) administration of the national sea grant college 
        program and this title by the national sea grant office 
        and the Administration;

           *       *       *       *       *       *       *

          [(4) any national strategic investments in fields 
        relating to ocean, coastal, and Great Lakes resources 
        developed with the approval of the panel, the sea grant 
        colleges, and the sea grant institutes.]
          (4) any regional or national strategic investments in 
        fields relating to ocean, coastal, and Great Lakes 
        resources developed in consultation with the board and 
        with the approval of the sea grant colleges and the sea 
        grant institutes.
  (c) Responsibilities of the Secretary.--
          (1) The Secretary, in consultation with the [panel] 
        Board, sea grant colleges, and sea grant institutes, 
        shall develop at least every 4 years a strategic plan 
        that establishes priorities for the national sea grant 
        college program, provides an appropriately balanced 
        response to local, regional, and national needs, and is 
        reflective of integration with the relevant portions of 
        the strategic plans of the Department of Commerce and 
        of the Administration.
          (2) [Within 6 months of the date of enactment of the 
        National Sea Grant College Program Reauthorization Act 
        of 1998, the] The Secretary, in consultation with the 
        [panel] Board, sea grant colleges, and sea grant 
        institutes, shall establish guidelines related to the 
        activities and responsibilities of sea grant colleges 
        and sea grant institutes. Such guidelines shall include 
        requirements for the conduct of merit review by the sea 
        grant colleges and sea grant institutes of proposals 
        for grants and contracts to be awarded under section 
        205, providing, at a minimum, for standardized 
        documentation of such proposals and peer review of all 
        research projects.

           *       *       *       *       *       *       *

          (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 [long-range] strategic plan under 
                subsection (c)(1);

           *       *       *       *       *       *       *

          (3) With respect to sea grant colleges and sea grant 
        institutes, the Director shall--
                  (A)[(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 [activities; and] activities;
                  [(ii) rate the programs according to their 
                relative performance (as determined under 
                clause (i)) into no less than 5 categories, 
                with each of the 2 best-performing categories 
                containing no more than 25 percent of the 
                programs;]
                  (B) subject to the availability of 
                appropriations, allocate funding among sea 
                grant colleges and sea grant institutes so as 
                to--
                          (i) * * *
                          (ii) encourage collaborations among 
                        sea grant colleges and sea grant 
                        institutes to address regional and 
                        national priorities established under 
                        subsection (c)(1);
                          [(ii) encourage] (iii) ensuring 
                        successful implementation of sea grant 
                        programs;
                          [(iii)] (iv) to the maximum extent 
                        consistent with other provisions of 
                        this Act, provide a stable base of 
                        funding for sea grant colleges and 
                        institutes; and
                          [(iv)] (v) encourage and promote 
                        coordination and cooperation between 
                        the research, education, and outreach 
                        programs of the Administration and 
                        those of academic institutions; and

           *       *       *       *       *       *       *


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) * * *

           *       *       *       *       *       *       *

The total amount paid pursuant to any such grant or contract 
may equal 66\2/3\ percent, or any lesser percent, of the total 
cost of the sea grant program or project involved; except that 
this limitation shall not apply in the case of grants or 
contracts paid for with funds accepted by the Secretary under 
section 204(c)(4)(F) 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).
[The total amount which may be provided for grants under this 
subsection during any fiscal year shall not exceed an amount 
equal to 1 percent of the total funds appropriated for such 
year pursuant to section 212.]
The total amount that may be provided for grants under this 
subsection 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 [panel] 
                Board, considers necessary or appropriate.
          (2) The Secretary may designate an institution, or an 
        association or alliance of two or more such 
        institutions, as a sea grant college if the 
        institution, association, or alliance--
                  (A) * * *
                  (B) maintains a program of research, 
                [advisory services] extension services, 
                training, and education in fields related to 
                ocean, coastal, and Great Lakes resources.
          (3) The Secretary may designate an institution, or an 
        association or alliance of two or more such 
        institutions, as a sea grant institute if the 
        institution, association, or alliance--
                  (A) * * *
                  (B) maintains a program which includes, at a 
                minimum, research and [advisory services] 
                extension services.

           *       *       *       *       *       *       *

  (d) Duties.--Subject to any regulations prescribed or 
guidelines established by the Secretary, it shall be the 
responsibility of each sea grant college and sea grant 
institute--
          (1) to develop and implement, in consultation with 
        the Secretary and the [panel] Board, a program that is 
        consistent with the guidelines and priorities 
        established under section 204(c); and

           *       *       *       *       *       *       *


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. [Not later than 1 year after the date of the 
enactment of the National Sea Grant College Program Act 
Amendments of 2002, and every 2 years thereafter,] Every 2 
years, the Secretary shall submit a report to the Congress 
describing the efforts by the Secretary to ensure equal access 
for minority and economically disadvantaged students to the 
program carried out under this subsection, and the results of 
such efforts.

           *       *       *       *       *       *       *


[SEC. 209. SEA GRANT REVIEW PANEL.

  [(a) Establishment.--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--
          [(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.]

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
                  (C) such other matters as the Secretary 
                refers to the Board for review and advice.
          (2) Biennial report.--The Board shall report to the 
        Congress every two years on the state of the national 
        sea grant college program. The Board shall indicate in 
        each such report the progress made toward meeting the 
        priorities identified in the strategic plan in effect 
        under section 204(c). The Secretary shall make 
        available to the Board such information, personnel, and 
        administrative services and assistance as it may 
        reasonably require to carry out its duties under this 
        title.
  (c) Membership, Terms, and Powers.--(1) The [panel] Board 
shall consist of 15 voting members who shall be appointed by 
the Secretary. The Director and a director of a sea grant 
program who is elected by the various directors of sea grant 
programs shall serve as nonvoting members of the [panel] Board. 
Not less than 8 of the voting members of the [panel] Board 
shall be individuals who, by reason of knowledge, experience, 
or training, are especially qualified in one or more of the 
disciplines and fields included in marine science. The other 
voting members shall be individuals who, by reason of 
knowledge, experience, or training, are especially qualified 
in, or representative of, education, marine affairs and 
resource management, 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] 
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 [panel] 
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 [panel] 
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 [panel] Board.
  (3) Any individual appointed to a partial or full term may be 
reappointed for one addition 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.] The Director may extend the term of office of a voting 
member of the Board once by up to 1 year.
  (4) The [panel] Board shall select one voting member to serve 
as the Chairman and another voting member to serve as the Vice 
Chairman. The Vice Chairman shall act as Chairman in the 
absence or incapacity of the Chairman.
  (5) Voting members of the [panel] Board shall--
          (A) receive compensation at a rate established by the 
        Secretary, not to exceed the maximum daily rate payable 
        under section 5376 of title 5, United States Code, when 
        actually engaged in the performance of duties for such 
        [panel] Board; and
          (B) be reimbursed for actual and reasonable expenses 
        incurred in the performance of such duties.
  (6) The [panel] Board shall meet on a biannual basis and, at 
any other time, at the call of the Chairman or upon the request 
of a majority of the voting members or of the Director.
  (7) The [panel] Board may exercise such powers as are 
reasonably necessary in order to carry out its duties under 
subsection (b).

           *       *       *       *       *       *       *


SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Authorization.--
          [(1) In general.--There are authorized to be 
        appropriated to the Secretary to carry out this title--
                  [(A) $60,000,000 for fiscal year 2003;
                  [(B) $75,000,000 for fiscal year 2004;
                  [(C) $77,500,000 for fiscal year 2005;
                  [(D) $80,000,000 for fiscal year 2006;
                  [(E) $82,500,000 for fiscal year 2007; and
                  [(F) $85,000,000 for fiscal year 2008.
          [(2) Priority activities.--In addition to the amounts 
        authorized under paragraph (1), there are authorized to 
        be appropriated for each of fiscal years 2003 through 
        2008--
                  [(A) $5,000,000 for competitive grants for 
                university research on the biology and control 
                of zebra mussels and other important aquatic 
                nonnative species;
                  [(B) $5,000,000 for competitive grants for 
                university research on oyster diseases, oyster 
                restoration, and oyster-related human health 
                risks;
                  [(C) $5,000,000 for competitive grants for 
                university research on the biology, prevention, 
                and forecasting of harmful algal blooms, 
                including Pfiesteria piscicida; and
                  [(D) $3,000,000 for competitive grants for 
                fishery extension activities conducted by sea 
                grant colleges or sea grant institutes to 
                enhance, 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.

           *       *       *       *       *       *       *

  [(c) Distribution of Funds.--In any fiscal year in which the 
appropriations made under subsection (a)(1) exceed the amounts 
appropriated for fiscal year 2003 for the purposes described in 
such subsection, the Secretary shall distribute any excess 
amounts (except amounts used for the administration of the sea 
grant program) to any combination of the following:
          [(1) sea grant programs, according to their rating 
        under section 204(d)(3)(A);
          [(2) national strategic investments authorized under 
        section 204(b)(4);
          [(3) a college, university, institution, association, 
        or alliance for activities that are necessary for it to 
        be designated as a sea grant college or sea grant 
        institute; and
          [(4) a sea grant college or sea grant institute 
        designated after the date of enactment of the National 
        Sea Grant College Program Act Amendments of 2002 but 
        not yet evaluated under section 204(d)(3)(A).]
  [(d)] (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.
                              ----------                              


                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.

                  [NATIONAL SEA GRANT COLLEGE PROGRAM

  [Sec. 307. (a) Definitions.--Section 203(6) of the National 
Sea Grant College Program Act (33 U.S.C. 1122(6)) is amended--
          [(1) by striking ``and'' at the end of subparagraph 
        (E);
          [(2) by redesignating subparagraph (F) as 
        subparagraph (G); and
          [(3) by inserting immediately after subparagraph (E) 
        the following new subparagraph:
          [``(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''.
  [(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''.]