[Senate Report 105-150]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 287
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-150
_______________________________________________________________________


 
         OCEAN AND COASTAL RESEARCH REVITALIZATION ACT OF 1997

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 927





                November 8, 1997.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred fifth congress

                             first session

                     JOHN McCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas            Virginia
OLYMPIA SNOWE, Maine                 JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri              JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee                RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan            BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas                RON WYDEN, Oregon

                       John Raidt, Staff Director

     Ivan A. Schlager, Democratic Chief Counsel and Staff Director


                                     
                                                       Calendar No. 287
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-150
_______________________________________________________________________


         OCEAN AND COASTAL RESEARCH REVITALIZATION ACT OF 1997
                                _______
                                

                November 8, 1997.--Ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                         [To accompany S. 927]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 927) ``A Bill to reauthorize 
the Sea Grant Program'', having considered the same, reports 
favorably thereon without an amendment and recommends that the 
bill do pass.

                          Purpose of the Bill

  S. 927, as reported, would reauthorize the National Sea Grant 
College Program Act for five years, authorize funding levels 
for the program for those years, and make changes to improve 
the operation of the program.

                          Background and Needs

  The National Sea Grant College Program (Sea Grant) was 
established by Congress in 1966. Originally placed in the 
National Science Foundation, Sea Grant was moved to the 
National Oceanic and Atmospheric Administration (NOAA) in 1970, 
where it is located within the Office of Oceanic and 
Atmospheric Research. Sea Grant is modeled after the successful 
cooperative agricultural research and extension efforts of the 
Land-Grant College Program and works to create partnerships 
among universities, industry, and other groups to promote cost-
effective and sustainable use of the nation's ocean, coastal, 
and Great Lakes resources. Sea Grant encompasses scientific 
research, education, advisory programs, and extension services. 
Its emphasis on applied research allows the transfer of 
information and technologies from universities and government 
agencies to the private sector. Currently, there are 26 Sea 
Grant colleges and three additional institutional programs, all 
of which direct their efforts toward addressing the specific 
needs and issues facing coastal communities in the particular 
state or region in which they are located.
  The designation of Sea Grant colleges and institutional 
programs--done by the National Sea Grant Director with the aid 
of the Sea Grant Review Panel--is based in significant part on 
an institution's demonstrated record of performance in 
addressing concerns related to marine or Great Lakes issues, in 
addition to other criteria. Sea Grant colleges and 
institutional programs receive federal funds through the 
National Sea Grant Office within NOAA. Such funds may cover up 
to two-thirds of the cost of a project; at least one-third of 
the cost of a project must come from non-federal matching 
funds. The National Sea Grant Office administers the overall 
program, reviews proposals for grants and contracts, and 
manages the Dean John A. Knauss Marine Policy Fellowship 
Program which places graduate-level fellows in the legislative 
and executive branches. Over 90 percent of the funds 
appropriated for Sea Grant are distributed to Sea Grant 
colleges and institutional programs, with additional funds used 
primarily for administration and fellowships.
  While the Sea Grant Program generally enjoys broad-based 
support within the academic community and marine industry 
groups, some suggestions have been made for improving its 
operations. One concern is that funding increases in recent 
years have been constrained to special purpose initiatives 
controlled by the National Sea Grant Office and that core 
funding for participating colleges and institutions has 
effectively remained level. Information provided by the 
National Sea Grant Office indicates that such national 
initiatives received about 21 percent of the total grant money 
available in FY 1997. This trend raises questions about the 
continued ability of Sea Grant to address marine issues at the 
regional, state, and local levels. In addition, the National 
Research Council review of Sea Grant, completed in 1994, 
recommended that--
           (1) Sea Grant be given a higher profile within NOAA;
          (2) the roles and responsibilities of the National 
        Sea Grant Office, the state Sea Grant directors, and 
        the Sea Grant Review Panel be clarified;
          (3) the processes for reviewing research proposals 
        and evaluating programs be decoupled and streamlined; 
        and
          (4) Sea Grant funding be increased.
  

                          Legislative History

  During the 104th Congress, Sea Grant reauthorization 
legislation was included in the NOAA reauthorization bill, S. 
1142. This bill was reported by the Commerce Committee on 
August 10, 1995, but the full Senate did not have the 
opportunity to consider S. 1142 before the end of the session. 
In the 105th Congress, testimony in support of Sea Grant's 
reauthorization was presented by the Administration at a 
hearing on the NOAA Fiscal Year 1998 budget held on March 6, 
1997, by the Commerce Committee's Subcommittee on Oceans and 
Fisheries and the Subcommittee on Science, Technology, and 
Space. The Committee also received testimony in support of 
reauthorization from the Sea Grant Association and the National 
Association of State Universities and Land-Grant Colleges. On 
June 16, 1997, Senator Snowe introduced the Ocean and Coastal 
Resource Revitalization Act of 1997, S. 927. The bill is 
cosponsored by Senators Hollings, Gregg, Kerry, Breaux, Glenn, 
Reed, Stevens, Gorton, Abraham, Inouye, D'Amato, Collins, 
Moynihan, Graham, Warner, Murkowski, Cochran, Torricelli, 
Chafee, Robb, Murray, Akaka, Mack, Lautenberg, Thurmond, Lott, 
and Sarbanes. At its June 19, 1997, Executive Session, the 
Commerce Committee ordered S. 927 to be reported without 
objection.
  The House of Representatives passed its version of a Sea 
Grant reauthorization bill, H.R. 437, on June 18, 1997.

                      Summary of Major Provisions

  Authorization of Appropriations.--S. 927 extends the 
authorization of appropriations for the National Sea Grant 
College Program Act through FY 2002 at the current 
appropriation levels with the addition of a two percent 
inflation factor each year. The bill also caps spending for 
program administration and small business innovation research 
activities at six percent of the total appropriations. This cap 
guarantees that Sea Grant funds will be used primarily to 
support the network of participating institutions.
  Sea Grant Colleges and Institutes.--The reported bill amends 
existing definitions and designation requirements for Sea Grant 
colleges and institutes to conform with current policies and 
guidelines for the Sea Grant Program.
  Strategic Plan and National Strategic Investments.--The 
reported bill would require the Secretary of Commerce 
(Secretary) to work with the Sea Grant network to develop and 
implement a long-range strategic plan and to identify national 
research priorities.
  Peer Review and Standardization of Documentation.--Consistent 
with the recommendations of the National Research Council, the 
reported bill streamlines the proposal review process by giving 
primary responsibility for conducting peer reviews of research 
proposals to the Sea Grant colleges and institutes. The 
Secretary is required to establish guidelines for the peer 
review process and to standardize the documentation of all 
funding proposals.
  Senior Executive Service (SES) Positions.--The bill would 
update administrative provisions of the existing law and reduce 
the authorized number of SES positions for the Sea Grant 
Program from five positions to one in addition to the Director. 
The Sea Grant Director is currently the only SES position 
occupied.
  Repeal of the International Program and Post-Doctoral 
Fellowship Program.--As reported, S. 927 would repeal the 
authorization for the Sea Grant International Program, which 
has not been funded in recent years. However, the bill 
clarifies that Sea Grant colleges and institutes could continue 
international activities within their programs. The bill also 
would repeal the authority for post-doctoral fellows, but would 
not affect the authorization for the Dean John A. Knauss Marine 
Policy Fellowship Program.

                            Estimated Costs

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 2, 1997.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 927, the Ocean and 
Coastal Resources Revitalization Act of 1997.
    If you wish further details on its estimate, we will be 
pleased to provide them. The CBO staff contacts are Gary Brown 
(for federal costs), and Pepper Santalucia (for the state and 
local impact).
            Sincerely,
                                          Paul Van de Water
                                    (For June E. O'Neill, Director)
    Enclosure.

               Congressional Budget Office Cost Estimate

S. 927--Ocean and Coastal Resources Revitalization Act of 1997

    Summary: S. 927 would reauthorize the National Sea Grant 
College Program Act and would authorize appropriations of $55.4 
million in fiscal year 1998, $56.5 million in fiscal year 1999, 
$57.6 million in fiscal year 2000, $58.8 million in fiscal year 
2001, and $59.9 million in fiscal year 2002 to carry out its 
contract, grant, fellowship, and administrative functions. The 
bill also would place limits on eligibility for sea grant 
funds, repeal the sea grant international program and the 
postdoctoral fellowship program (these two programs did not 
receive funding in 1997), and cap spending on small business 
innovation research and program administration at 6 percent of 
appropriations.
    Assuming appropriation of the authorized amounts, CBO 
estimates that enacting S. 927 would result in additional 
discretionary spending of $286 million over the 1998-2002 
period. The legislation would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(UMRA), and would not impose any costs on state, local, or 
tribal governments.
    Estimated cost to the Federal Government: For the purposes 
of this estimate, CBO assumes that all amounts authorized in S. 
927 would be appropriated by the start of each fiscal year and 
that outlays would follow the historical spending patterns for 
the sea grant program. CBO estimates that provisions regarding 
the institutions and programs that are eligible to receive sea 
grant funds and the cap on administrative and other expenses 
would not have a significant impact on the overall spending 
rate for the program.S. 927 would authorize appropriations for 
the National Sea Grant program in fiscal year 1998 that are $1.1 
million higher than the 1997 appropriation of $54.3 million. The 
authorizations for subsequent years increase by an average of about 
$1.1 million a year. The estimated budgetary impact of S. 927 is shown 
in the following table.

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal years, in millions of dollars--        
                                                     -----------------------------------------------------------
                                                        1997      1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Spending Under Current Law:                                                                                     
    Budget Authority \1\............................        54         0         0         0         0         0
    Estimated Outlays...............................        54         2         0         0         0         0
Proposed Changes:                                                                                               
    Authorization Level.............................         0        55        57        58        59        60
    Estimated Outlays...............................         0        53        56        58        59        60
Spending Under S. 927:                                                                                          
    Authorization Level \1\.........................        54        55        57        58        59        60
    Estimated Outlays...............................        54        55        56        58        59        60
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year.                                                    

    The costs of this legislation fall within budget function 
300 (natural resources).
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
S. 927 contains no mandates as defined in UMRA, and would not 
impose any costs on state, local, or tribal governments. Some 
of the institutions that would receive funds as a result of 
this bill's enactment are public agencies and universities. 
Institutions that receive grant funds under this program are 
required to pay at least one-third of the total costs of funded 
projects.
    Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On April 17, 1997, CBO provided an 
estimate for H.R. 437, the National Sea Grant College Program 
Reauthorization Act of 1997, as ordered reported by the House 
Committee on Science. On March 10, 1997, CBO provided an 
estimate for H.R. 437, the Marine Resources Revitalization Act 
of 1997, as ordered reported by the House Committee on 
Resources. S. 927 would authorize amounts similar to the 
authorizations contained in both versions of H.R. 437; S. 927 
and the Science Committee's bill would authorize funding for 
the National Sea Grant program for five years, but the 
Resources Committee's bill includes authorized levels for only 
the next three years.
    Estimate prepared by: Federal Costs: Gary Brown. Impact on 
State, Local, and Tribal Governments: Pepper Santalucia.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

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

                       NUMBER OF PERSONS COVERED

  Sea Grant is a scientific research and extension program and 
does not regulate the activities of private citizens or 
businesses. Institutions receiving grants or contracts through 
Sea Grant must meet requirements specified in law and by 
regulation for grant and contract recipients, but these 
requirements are only imposed as a condition of receiving 
federal funding. S. 927 simply reauthorizes Sea Grant and, 
therefore, will not subject any private citizens or businesses 
not participating in the program to additional regulation.

                            ECONOMIC IMPACT

  Section 10 of the bill authorizes appropriations for Sea 
Grant of $55.4 million in Fiscal Year (FY) 1998, $56.5 million 
in FY 99, $57.6 million in FY 2000, $58.8 million in FY 2001, 
and $59.9 million in FY 2002. The authorization levels are 
based on the FY 1997 appropriations for Sea Grant ($54.3 
million), plus a two percent annual inflation adjustment for 
each year. These funding levels are modest, and are not 
expected to have an inflationary impact on the Nation's 
economy.

                                PRIVACY

  This legislation will not have any adverse impact on the 
personal privacy of the individuals affected.

                               PAPERWORK

  S. 927 will not impose any new paperwork requirements on 
private citizens or businesses that do not choose to 
participate in Sea Grant; entities choosing to participate in 
the program may be subject to some changes in the paperwork 
requirements of the program. However, the bill's streamlining 
of the merit review process should reduce the total amount of 
paperwork required and the costs associated with that paperwork 
for both the National Sea Grant Office and participating 
colleges and institutes.

                      Section-by-Section Analysis

Section 1. Short title

  This section of the reported bill states the short title of 
the bill as the ``Ocean and Coastal Research Revitalization Act 
of 1997''.

Section 2. Amendment of National Sea Grant College Program Act

  This section of the reported bill clarifies that, except as 
otherwise expressly provided, amendments or repeals of 
provisions of existing law contained in S. 927 apply to the 
National Sea Grant College Program Act (33 U.S.C. 1121 et 
seq.).

Section 3. Findings

  This section of the reported bill makes several changes to 
the findings in Section 202 of the National Sea Grant College 
Program Act (the Act). Of these, the most significant is the 
addition of language stating that the national interest 
requires a strategy to, among other things, encourage the 
development of forecast and analysis systems for coastal 
hazards.

Section 4. Definitions

  This section of the reported bill amends Section 203 of the 
Act by modifying several of the existing definitions, and by 
creating several new ones. Among the more significant changes, 
the new term ``institution'' is defined as ``any public or 
private institution of higher education, institute, laboratory 
or State or local agency''. The term ``sea grant institute'' is 
created, referring to any institution, or any association or 
alliance of two or more institutions, which is designated as a 
Sea Grant institute by the Secretary in accordance with Section 
7 of the reported bill. This new definition provides a 
statutory classification for those institutions which comprise 
the other major component of Sea Grant in addition to the Sea 
Grant colleges; currently, NOAA regulations classify such 
entities as institutional programs. The term ``sea grant 
college'' is amended to refer to any institution, or 
association or alliance of institutions, designated as a Sea 
Grant college by the Secretary. This change broadens the 
definition in existing law which refers only to institutions of 
higher education. S. 927 also defines the term ``project'' as 
``any individually described activity'' in the fields 
identified in the Act involving research, education, training, 
or advisory services. This term (which is used in the existing 
statute but is undefined) would apply, for example, to a 
singular research project on a specific subject or a specific 
educational project, as opposed to an overall program involving 
a number of such projects. The Act's existing definition of 
``sea grant program'' is simplified to mean a program of 
research and outreach which is administered by one or more Sea 
Grant colleges or Sea Grant institutes. This section also 
clarifies that the term ``Secretary'' refers to the Secretary 
of Commerce, acting through the Under Secretary of Commerce for 
Oceans and Atmosphere.
  These changes, in conjunction with others in the bill, are 
intended to help clarify the meaning of the statute and the 
operation of Sea Grant.

Section 5. National Sea Grant college program

  This section of the reported bill reorganizes, updates, and 
revises Section 204 of the Act. It retains the language under 
current law which directs the Secretary to maintain Sea Grant 
within NOAA. It also delineates the four basic elements of the 
national program--
          (1) Sea Grant programs at the state or regional 
        levels which comprise a national network;
          (2) the administration of Sea Grant and the Act by 
        the national office;
          (3) the fellowship program; and
          (4) any national strategic investments. National 
        strategic investments are initiatives developed through 
        the national office that are intended to address a 
        specific problem, issue, or need of national scope and 
        interest. Section 5 of the bill stipulates that these 
        national strategic investments must receive the 
        approval of the Sea Grant Review Panel and the Sea 
        Grant colleges and institutes before they can be 
        implemented. In recent years, funding has been 
        available to support national strategic investments. 
        One of these initiatives on which Sea Grant has focused 
        successfully relates to the nationwide problem of 
        nonindigenous species. This research is authorized by 
        the National Invasive Species Act of 1996 (Public Law 
        104-332) and it has addressed a variety of aspects of 
        the problem rather than focusing on one specific 
        species. Nothing in the reported bill is intended to 
        supersede any authority established by that law.
  This section requires the Secretary, in consultation with the 
Sea Grant Review Panel, the Sea Grant colleges, and the Sea 
Grant institutes, to develop a long-range strategic plan which 
establishes priorities for Sea Grant, and which provides for an 
appropriately balanced response to state, regional, and 
national needs. Given Sea Grant's longstanding mission of 
focusing on local and regional concerns, the Committee intends 
that the strategic plan's ``appropriately balanced response'' 
will continue to strongly emphasize local and regional issues 
and needs.
  Also, in consultation with the Sea Grant Review Panel and the 
Sea Grant colleges and institutes, the Secretary is required, 
within 6 months of the date of enactment of S. 927, to 
establish guidelines related to the activities and 
responsibilities of Sea Grant colleges and institutes, 
including the conduct of merit review by the colleges and 
institutes of proposals for grants and contracts under Sea 
Grant. At a minimum, the guidelines must provide for the 
standardized documentation of such proposals and for the peer 
review of all research projects. This language is intended to 
eliminate redundancy in the proposal review process between the 
state and national levels by giving the Sea Grant institutions 
primary responsibility for the merit review of proposals for 
grants and contracts.
  Finally, this section adds language that clarifies the 
requirements and responsibilities of the Director of the 
National Sea Grant Program. Among these clarifications is a 
requirement that the Director allocate funding among Sea Grant 
colleges and institutes, subject to the availability of 
appropriations, so as to: (1) promote healthy competition among 
Sea Grant colleges and institutes; (2) encourage successful 
program implementation; and (3) to the maximum extent 
consistent with the other provisions of the Act, provide a 
stable base of funding for Sea Grant colleges and institutes.
  This third criterion is intended to ensure that Sea Grant 
colleges and institutes receive priority consideration in the 
allocation of appropriations provided for Sea Grant. However, 
this language does not preclude NOAA from funding or continuing 
to fund relevant individual projects by qualified institutions 
that are not designated as Sea Grant colleges or institutes. 
The Committee recognizes the contribution of such projects to 
the overall program.
  The conservation and sustainable use of the nation's marine 
and Great Lakes resources ultimately depends on the existence 
of a broad base of institutions, organizations, and citizens 
dedicated to research, education, and extension in support of 
these principles. The Committee encourages NOAA to carefully 
consider applications from historically black colleges and 
universities and other minority institutions for projects and 
for designation as a Sea Grant college or institute.

Section 6. Repeal of Sea Grant International Program

  This section of the reported bill repeals Section 3 of the 
Sea Grant Program Improvement Act which authorized the Sea 
Grant International Program. The program has not been funded in 
recent years. However, the Committee does recognize that some 
Sea Grant colleges and institutes have found that joint 
projects with international partners can enhance their 
activities, and this repeal does not preclude a Sea Grant 
college or institute from developing projects with 
international partners in the future, or from using federal Sea 
Grant Program funds for such projects.

Section 7. Sea Grant colleges and Sea Grant institutes

  This section of the reported bill amends section 207 of the 
existing Act to establish criteria that applicants must meet in 
order to qualify for designation as a Sea Grant college or a 
Sea Grant institute. The existing authority to designate Sea 
Grant regional consortia is repealed. No formally designated 
regional consortia currently exist, nor is such a designation 
necessary because alliances or associations of institutions may 
apply for designation as a Sea Grant college or institute under 
this section. The new authority for designation as a Sea Grant 
institute is based on the ``institutional program'' 
classification established by NOAA in its regulations. This 
section requires that all Sea Grant colleges and institutes--
          have an existing broad base of competence in fields 
        related to ocean, coastal, and Great Lakes resources;
          make a long-term commitment to the objective of the 
        Sea Grant Program in Section 202(b) of the Act, as 
        determined by the Secretary;
          cooperate with other Sea Grant colleges and 
        institutes, and other persons, to solve problems or 
        meet needs related to ocean, coastal, and Great Lakes 
        resources;
          have received financial assistance under section 205 
        of the Act; and
          meet any other qualifications the Secretary deems 
        necessary or appropriate.
  In addition to these qualifications, this section specifies 
that an applicant for a Sea Grant college designation must 
maintain a program of research, advisory services, training, 
and education in fields related to ocean, coastal, and Great 
Lakes resources. An applicant for a Sea Grant institute 
designation must, in addition to meeting the general 
qualifications, maintain a program of research and advisory 
services, at a minimum.
  Section 7 of the reported bill also clarifies that 
institutions, or associations or alliances of institutions, 
which have already received Sea Grant college designations or 
institutional program status prior to the enactment of S. 927 
do not have to reapply for this designation or status after the 
enactment of S. 927, provided that they meet the qualifications 
established by law and regulation. This section states that it 
is the responsibility of each Sea Grant college and institute 
to develop programs consistent with the guidelines and 
priorities established by the Secretary for the Sea Grant 
Program in section 204(c) and to conduct merit reviews of all 
proposals for grants and contracts to be awarded under section 
205. One goal of these revisions is to eliminate duplication in 
the proposal review process. Finally, this section authorizes 
the Secretary to suspend or terminate any Sea Grant designation 
if there has been an opportunity for a hearing and cause for 
suspension or termination has been found.

Section 8. Repeal of postdoctoral fellowship program

  This section of the reported bill repeals Section 208(c) of 
the Act, which authorized the postdoctoral fellowship program. 
The program has never been funded.

Section 9. Sea Grant Review Panel

  This section of the reported bill amends Section 209 of the 
existing Act to adjust the rate payable to members of the Sea 
Grant Review Panel to a level established by the Secretary that 
does not exceed the maximum daily rate under the Senior 
Executive Service schedule (5 U.S.C. 5376) when such members 
are engaged in the performance of duties for the panel. This 
section also includes conforming and technical amendments.

Section 10. Authorization of appropriations

  Section 10 of the reported bill reauthorizes appropriations 
for Sea Grant for five years at $55.4 million for FY 1998, 
$56.5 million for FY 1999, $57.6 million for FY 2000, $58.8 
million for FY 2001, and $59.9 million for FY 2002. These 
funding levels are based on the FY 1997 appropriated level for 
the Sea Grant Program, plus a two percent annual adjustment for 
inflation beginning in FY 1998. In addition, this section 
limits spending for both administration of Sea Grant by the 
National Sea Grant Office and small business innovation 
research monies to no more than six percent of the total amount 
appropriated in each fiscal year.
  

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman) \1\:
---------------------------------------------------------------------------
    \1\ The National Sea Grant College Program Act is classified as 
sections 1121 et seq. of title 33, United States Code. Title 33, United 
States Code, has not been enacted into positive law, but the changes in 
existing law are shown as they appear in that title for ease of 
reference.
---------------------------------------------------------------------------

               TITLE 33. NAVIGATION AND NAVIGABLE WATERS

     CHAPTER 22. SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

                   NATIONAL SEA GRANT COLLEGE PROGRAM

Sec. 1121. Congressional declaration of policy

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

Sec. 1122. Definitions

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

[Sec. 1123. Establishment and administration of program

  [(a) Maintenance Within Administration; Component Elements.--
The Secretary shall maintain, within the Administration, a 
program to be known as the National Sea Grant College Program. 
The National Sea Grant College Program shall consist of the 
financial assistance and other activities provided for in this 
Act, and shall be administered by a National Sea Grant Office 
within the Administration. The Secretary shall establish long-
range planning guidelines and priorities for, and adequately 
evaluate, this program.
  [(b) Appointment and Compensation of Director.--
          [(1) The Secretary shall appoint a Director of the 
        national sea grant college program who shall be a 
        qualified individual who has--
                  [(A) knowledge or expertise in fields related 
                to ocean, coastal, and Great Lakes resources; 
                and
                  [(B) appropriate administrative experience.
          [(2) The Director shall be appointed and compensated, 
        without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive 
        service, at a rate not in excess of the maximum rate 
        for GS-18 of the General Schedule under section 5332 of 
        such title.
  [(c) Duties of Director.--The Director shall administer the 
national sea grant college program subject to the supervision 
of the Secretary and the Under Secretary. In addition to any 
other duty prescribed by law or assigned by the Secretary, the 
Director shall--
          [(1) apply the long-range planning guidelines and the 
        priorities established by the Secretary under 
        subsection (a);
          [(2) advise the Under Secretary with respect to the 
        expertise and capabilities which are available within 
        or through the national sea grant college program, and 
        provide (as directed by the Under Secretary) those 
        which are or could be of use to other offices and 
        activities within the Administration;
          [(3) evaluate activities conducted under grants and 
        contracts awarded pursuant to section 205 to assure 
        that the objective set forth in section 202(b) is 
        implemented;
          [(4) encourage other Federal departments, agencies, 
        and instrumentalities to use and take advantage of the 
        expertise and capabilities which are available through 
        the national sea grant program, on a cooperative or 
        other basis;
          [(5) encourage cooperation and coordination with 
        other Federal programs concerned with ocean, coastal, 
        and Great Lakes resources conservation and usage;
          [(6) advise the Secretary on the designation of sea 
        grant colleges and sea grant regional consortia and, in 
        appropriate cases, if any, on the termination or 
        suspension of any such designation;
          [(7) encourage the formation and growth of sea grant 
        programs; and
          [(8) oversee the operation of the National Sea Grant 
        Office established under subsection (a) of this 
        section.
  [(d) Powers of Secretary.--To carry out the provisions of 
this title, the Secretary may--
          [(1) appoint, assign the duties, transfer, and fix 
        the compensation of such personnel as may be necessary, 
        in accordance with the civil service laws; except that 
        five positions may be established without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, but the pay 
        rates for such positions may not exceed the maximum 
        rate for GS-18 of the General Schedule under section 
        5332 of such title;
          [(2) make appointments with respect to temporary and 
        intermittent services to the same extent as is 
        authorized by section 3109 of title 5, United States 
        Code;
          [(3) publish or arrange for the publication of, and 
        otherwise disseminate, in cooperation with other 
        services, offices, and programs in the Administration, 
        any information of research, educational, training, and 
        other value in fields related to ocean, coastal, and 
        Great Lakes resources and with respect to ocean, 
        coastal, and Great Lakes resources, without regard to 
        section 501 of title 44, United States Code;
          [(4) enter into contracts, cooperative agreements, 
        and other transactions without regard to section 3709 
        of the Revised Statutes of the United States (41 U.S.C. 
        5);
          [(5) accept donations and voluntary and uncompensated 
        services, notwithstanding section 3679 of the Revised 
        Statutes of the United States (31 U.S.C. 665(b));
          [(6) accept funds from other Federal departments, 
        agencies (including agencies within the 
        Administration), and instrumentalities to pay for and 
        add to grants made, and contracts entered into by the 
        Secretary; and
          [(7) issue such rules and regulations as may be 
        necessary and appropriate.]

Sec. 1123. National sea grant college program.

  (a) Program Maintenance.--The Secretary shall maintain within 
the Administration, a program to be known as the national sea 
grant college program. The national sea grant college program 
shallbe administered by a national sea grant office within the 
Administration.
  (b) Program Elements.--The national sea grant college program 
shall consist of the financial assistance and other activities 
authorized in this subchapter, 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 Act by the national sea grant office, 
        the Administration, and the panel;
          (3) the fellowship program under section 208; and
          (4) any national strategic investments developed with 
        the approval of the panel, the sea grant colleges, and 
        the sea grant institutes.
  (c) Responsibilities of the Secretary.--
          (1) The Secretary, in consultation with the panel, 
        sea grant colleges, and sea grant institutes, shall 
        develop a long-range strategic plan which establishes 
        priorities for the national sea grant college program 
        and which provides an appropriately balanced response 
        to local, regional, and national needs.
          (2) Within 6 months of the date of enactment of the 
        Ocean and Coastal Research Revitalization Act of 1997, 
        the Secretary, in consultation with the panel, sea 
        grant colleges, and sea grant institutes, shall 
        establish guidelines related to the activities and 
        responsibilities of sea grant colleges and sea grant 
        institutes. Such guidelines shall include requirements 
        for the conduct of merit review by the sea grant 
        colleges and sea grant institutes of proposals for 
        grants and contracts to be awarded under section 205, 
        providing, at a minimum, for standardized documentation 
        of such proposals and peer review of all research 
        projects.
          (3) The Secretary shall by regulation prescribe the 
        qualifications required for designation of sea grant 
        colleges and sea grant institutes under section 207.
          (4) To carry out the provisions of this subchapter, 
        the Secretary may--
                  (A) appoint, assign the duties, transfer, and 
                fix the compensation of such personnel as may 
                be necessary, in accordance with civil service 
                laws; except that one position in addition to 
                the Director may be established without regard 
                to the provisions of Title 5 governing 
                appointments to the competitive service, at a 
                rate payable under section 5376 of title 5, 
                United States Code;
                  (B) make appointments with respect to 
                temporary and intermittent services to the 
                extent authorized by section 3109 of title 5, 
                United States Code;
                  (C) publish or arrange for the publication 
                of, and otherwise disseminate, in cooperation 
                with other offices and programs in the 
                Administration and without regard to section 
                501 of title 44, any information of research, 
                educational, training or other value in fields 
                related to ocean, coastal, or Great Lakes 
                resources;
                  (D) enter into contracts, cooperative 
                agreements, and other transactions without 
                regard to section 5 of title 41, United States 
                Code;
                  (E) notwithstanding section 1342 of title 31, 
                United States Code, accept donations and 
                voluntary and uncompensated services;
                  (F) accept funds from other Federal 
                departments and agencies, including agencies 
                within the Administration, to pay for and add 
                to grants made and contracts entered into by 
                the Secretary;
                  (G) promulgate such rules and regulations as 
                may be necessary and appropriate.
  (d) Director of the National Sea Grant College Program.--
          (1) The Secretary shall appoint, as the Director of 
        the National Sea Grant College Program, a qualified 
        individual who has appropriate administrative 
        experience and knowledge or expertise in fields related 
        to ocean, coastal, and Great Lakes resources. The 
        Director shall be appointed and compensated, without 
        regard to the provisions of title 5 governing 
        appointments in the competitive service, at a rate 
        payable under section 5376 of title 5, United States 
        Code.
          (2) Subject to the supervision of the Secretary, the 
        Director shall administer the national sea grant 
        college program and oversee the operation of the 
        national sea grant office. In addition to any other 
        duty prescribed by law or assigned by the Secretary, 
        the Director shall--
                  (A) facilitate and coordinate the development 
                of a long-range strategic plan under subsection 
                (c)(1);
                  (B) advise the Secretary with respect to the 
                expertise and capabilities which are available 
                within or through the national sea grant 
                college program and encourage the use of such 
                expertise and capabilities, on a cooperative or 
                other basis, by other offices and activities 
                within the Administration, and other Federal 
                departments and agencies;
                  (C) advise the Secretary on the designation 
                of sea grant colleges and sea grant institutes, 
                and, if appropriate, on the termination or 
                suspension of any such designation; and
                  (D) encourage the establishment and growth of 
                sea grant programs, and cooperation and 
                coordination with other Federal activities in 
                fields related to ocean, coastal, and Great 
                Lakes resources.
          (3) With respect to sea grant colleges and sea grant 
        institutes, the Director shall--
                  (A) evaluate the programs of sea grant 
                colleges and sea grant institutes, using the 
                priorities, guidelines, and qualifications 
                established by the Secretary;
                  (B) subject to the availability of 
                appropriations, allocate funding among sea 
                grant colleges and sea grant institutes so as 
                to--
                          (i) promote healthy competition among 
                        sea grant colleges and institutes;
                          (ii) encourage successful 
                        implementation of sea grant programs; 
                        and
                          (iii) to the maximum extent 
                        consistent with other provisions of 
                        this Act, provide a stable base of 
                        funding for sea grant colleges and 
                        institutes; and
                  (C) ensure compliance with the guidelines for 
                merit review under subsection (c)(2).

[Sec. 1124A. SEA GRANT INTERNATIONAL PROGRAM

  [(a) In General.--The Under Secretary of Commerce for Oceans 
and Atmosphere may enter into contracts and make grants under 
this section to--
          [(1) enhance cooperative international research and 
        educational activities on ocean, coastal and Great 
        Lakes resources;
          [(2) promote shared marine activities with 
        universities in countries with which the United States 
        has sustained mutual interest in ocean, coastal, and 
        Great Lakes resources;
          [(3) encourage technology transfer that enhances wise 
        use of ocean, coastal, and Great Lakes resources in 
        other countries and in the United States;
          [(4) promote the exchange among the United States and 
        foreign nations of information and data with respect to 
        the assessment, development, utilization, and 
        conservation of such resources;
          [(5) use the national sea grant college program as a 
        resource in other Federal civilian agency international 
        initiatives whose purposes are fundamentally related to 
        research, education, technology transfer and public 
        service programs concerning the understanding and wise 
        use of ocean, coastal, and Great Lakes resources; and
          [(6) enhance regional collaboration between foreign 
        nations and the United States with respect to marine 
        scientific research, including activities which improve 
        understanding of global oceanic and atmospheric 
        processes, undersea minerals resources within the 
        exclusive economic zone, and productivity and 
        enhancement of living marine resources in--
                  [(A) the Caribbean and Latin American 
                regions;
                  [(B) the Pacific Islands region;
                  [(C) the Arctic and Antarctic regions;
                  [(D) the Atlantic and Pacific Oceans; and
                  [(E) the Great Lakes.
  [(b) Eligibility, Procedures, and Requirements.--Any sea 
grant college, seagrant program, or sea grant regional 
consortium, and any institution of higher education, 
laboratory, or institute (if the institution, laboratory, or 
institute is located within a State, as defined in section 
203(14) of the National Sea Grant College Program Act (33 
U.S.C. 1122(14)), may apply for and receive financial 
assistance under this section. The Under Secretary shall 
prescribe rules and regulations, in consultation with the 
Secretary of State, to carry out this section. Before approving 
an application for a grant or contract under this section, the 
Under Secretary shall consult with the Secretary of State. A 
grant made, or contract entered into, under this section is 
subject to section 205(d) (2) and (4) of the National Sea Grant 
College Program Act (33 U.S.C. 1124(d)(2) and (4)) and to any 
other requirements that the Under Secretary considers necessary 
and appropriate.]

Sec. 1126. Designation of sea grant colleges and sea grant regional 
                    consortia

  [(a) Authorization; Prerequisites.--
          [(1) The Secretary may designate--
                  [(A) any institution of higher education as a 
                sea grant college; and
                  [(B) any association or other alliance of two 
                or more persons (other than individuals) as a 
                sea grant regional consortium.
          [(2) No institution of higher education may be 
        designated as a sea grant college unless the Secretary 
        finds that such institution--
                  [(A) is maintaining a balanced program of 
                research, education, training, and advisory 
                services in fields related to ocean, coastal, 
                and Great Lakes resources and has received 
                financial assistance under section 205 of this 
                title or under section 204(c) of the National 
                Sea Grant College and Program Act of 1966;
                  [(B) will act in accordance with such 
                guidelines as are prescribed under subsection 
                (b)(2); and
                  [(C) meets such other qualifications as the 
                Secretary deems necessary or appropriate.
        The designation of any institution as a sea grant 
        college under the authority of such Act of 1966 shall, 
        if such designation is in effect on the day before the 
        date of the enactment of the Sea Grant Program 
        Improvement Act of 1976, be considered to be a 
        designation made under paragraph (1) so long as such 
        institution complies with subparagraphs (B) and (C).
          [(3) No association or other alliance of two or more 
        persons may be designated as a sea grant regional 
        consortium unless the Secretary finds that such 
        association or alliance--
                  [(A) is established for the purpose of 
                sharing expertise, research, educational 
                facilities, or training facilities, and other 
                capabilities in order to facilitate research, 
                education, training, and advisory services, in 
                any field related to ocean, coastal, and Great 
                Lakes resources;
                  [(B) will encourage and follow a regional 
                approach to solving problems or meeting needs 
                relating to ocean, coastal, and Great Lakes 
                resources, in cooperation with appropriate sea 
                grant colleges, sea grant programs, and other 
                persons in the region;
                  [(C) will act in accordance with such 
                guidelines as are prescribed under subsection 
                (b)(2); and
                  [(D) meets such other qualifications as the 
                Secretary deems necessary or appropriate.
  [(b) Regulations.--The Secretary shall by regulation 
prescribe--
          [(1) the qualifications required to be met under 
        paragraphs (2)(C) and (3)(D)of subsection (a); and
          [(2) guidelines relating to the activities and 
        responsibilities of sea grant colleges and sea grant 
        regional consortia.
  [(c) Suspension or Termination; Procedures Applicable.--The 
Secretary may, for cause and after an opportunity for hearing, 
suspend or terminate any designation under subsection (a).]

Sec. 1126. Sea grant colleges and sea grant institutes

  (a) Designation.--
          (1) A sea grant college or sea grant institute shall 
        meet the following qualifications:
                  (A) have an existing broad base of competence 
                in fields related to ocean, coastal, and Great 
                Lakes resources;
                  (B) make a long-term commitment to the 
                objective in section 202(b), as determined by 
                the Secretary;
                  (C) cooperate with other sea grant colleges 
                and institutes and other persons to solve 
                problems or meet needs relating to ocean, 
                coastal, and Great Lakes resources;
                  (D) have received financial assistance under 
                section 205 of this title (33 U.S.C. 1124); and
                  (E) meet such other qualifications as the 
                Secretary, in consultation with the panel, 
                considers necessary or appropriate.
          (2) The Secretary may designate an institution, or an 
        association or alliance of two or more such 
        institutions, as a sea grant college if the 
        institution, association, or alliance--
                  (A) meets the qualifications in paragraph 
                (1); and
                  (B) maintains a program of research, advisory 
                services, training, and education in fields 
                related to ocean, coastal, and Great Lakes 
                resources.
          (3) The Secretary may designate an institution, or an 
        association or alliance of two or more such 
        institutions, as a sea grant institute if the 
        institution, association, or alliance--
                  (A) meets the qualifications in paragraph 
                (1); and
                  (B) maintains a program which includes, at a 
                minimum, research and advisory services.
  (b) Existing Designees.--Any institution, or association or 
alliance of two or more such institutions, designated as a sea 
grant college or awarded institutional program status by the 
Director prior to the date of enactment of this Act, shall not 
have to reapply for designation as a sea grant college or sea 
grant institute, respectively, after the date of enactment of 
this act, if the Director determines that the institution, or 
assocation or alliance of institutions, meets the 
qualifications in subsection (a).
  (c) Suspension or Termination of Designation.--The Secretary 
may, for cause and after an opportunity for hearing, suspend or 
terminate any designation under subsection (a).
  (d) Duties.--Subject to any regulations prescribed or 
guidelines established by the Secretary, it shall be the 
responsibility of each sea grant college and sea grant 
institute--
          (1) to develop and implement, in consultation with 
        the Secretary and the panel, a program that is 
        consistent with the guidelines and priorities 
        established under section 204(c); and
          (2) to conduct a merit review of all proposals for 
        grants and contracts to be awarded under section 205.

Sec. 1127. Fellowships

  (a) In General.--To carry out the educational and training 
objectives of this Act, the [Under] Secretary shall support a 
program of fellowships for qualified individuals at the 
graduate and postgraduate level. The fellowships shall be 
related to ocean, coastal, and Great Lakes resources and 
awarded pursuant to guidelines established by the [Under] 
Secretary.
  (b) Dean John A. Knauss Marine Policy Fellowship.--The 
[Under] Secretary may award marine policy fellowships to 
support the placement of individuals at the graduate level of 
education in fields related to ocean, coastal and Great Lakes 
resources in positions with the executive and legislative 
branches of the United States Government. A fellowship awarded 
under this subsection shall be for a period of not more than 1 
year.
  [(c) Postdoctoral Fellowships.--The [Under] Secretary shall 
establish and administer a program of postdoctoral fellowships 
to accelerate research in critical subject areas. The 
fellowship awards--
          [(1) shall be for 2 years;
          [(2) may be renewed once for not more than 2 years;
          [(3) shall be awarded on a nationally competitive 
        basis;
          [(4) may be used at any institution of post-secondary 
        education involved in the national sea grant college 
        program;
          [(5) shall be for up to 100 percent of the total cost 
        of the fellowship; and
          [(6) may be made to recipients of terminal 
        professional degrees, as well as doctoral degree 
        recipients.]

Sec. 1128. Sea grant review panel

  (a) Establishment[; Commencement Date].--There shall be 
established an independent committee to be known as the sea 
grant review panel. [The panel shall, on the 60th day after the 
date of the enactment of the Sea Grant Program Improvement Act 
of 1976, supersede the sea grant advisory panel in existence 
before such date of enactment.]
  (b) Duties.--The [Panel] panel shall advise the Secretary[, 
the Under Secretary,] and the Director concerning--
          (1) applications or proposals for, and performance 
        under, grants and contracts awarded under section 205 
        [and section 3 of the Sea Grant Program Improvement Act 
        of 1976];
          (2) the sea grant fellowship program;
          (3) the designation and operation of sea grant 
        colleges and sea grant [regional consortia] institutes, 
        and the operation of sea grant programs;
          (4) the formulation and application of the planning 
        guidelines and priorities under section 204(a) and 
        (c)(1); and
          (5) such other matters as the Secretary refers to the 
        panel for review and advice.
The Secretary shall make available to the panel such 
information, personnel, and administrative services and 
assistance as it may reasonably require to carry out its 
duties.
  (c) Membership, Terms, and Powers.--
          (1) The panel shall consist of 15 voting members who 
        shall be appointed by the Secretary. The Director and a 
        director of a sea grant program who is elected by the 
        various directors of sea grant programs shall serve as 
        nonvoting members of the panel. Not less than 8 of the 
        voting members of the panel shall be individuals who, 
        by reason of knowledge, experience, or training, are 
        especially qualified in one or more of the disciplines 
        and fields included in marine science. The other 
votingmembers shall be individuals who, by reason of knowledge, 
experience, or training, are especially qualified in, or representative 
of, education, marine affairs and resource management, extension 
services, State government, industry, economics, planning, or any other 
activity which is appropriate to, and important for, any effort to 
enhance the understanding, assessment, development, utilization, or 
conservation of ocean, coastal, and Great Lakes resources. No 
individual is eligible to be a voting member of the panel if the 
individual is (A) the director of a sea grant [college, sea grant 
regional consortium, or sea grant program] college or sea grant 
institute; (B) an applicant for, or beneficiary (as determined by the 
Secretary) of, any grant or contract under section 205; or (C) a full-
time officer or employee of the United States.
          (2) The term of office of a voting member of the 
        panel shall be 3 years, 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. At 
        least once each year, the Secretary shall publish a 
        notice in the Federal Register soliciting nominations 
        for membership on the panel.
          (3) Any individual appointed to a partial or full 
        term may be reappointed for one additional full term. A 
        voting member may serve after the date of the 
        expiration of the term of office for which appointed 
        until his or her successor has taken office.
          (4) The panel shall select one voting member to serve 
        as the Chairman and another voting member to serve as 
        the Vice Chairman. The Vice Chairman shall act as 
        Chairman in the absence or incapacity of the Chairman.
          (5) Voting members of the panel shall--
                  [(A) receive compensation at the daily rate 
                for GS-18 of the General Schedule under section 
                5332 of title 5, United States Code, when 
                actually engaged in the performance of duties 
                for such panel; and]
                  (A) receive compensation at a rate 
                established by the Secretary, not to exceed the 
                maximum daily rate payable under section 5376 
                of title 5, United States Code, when actually 
                engaged in the performance of duties for such 
                panel; and
                  (B) be reimbursed for actual and reasonable 
                expenses incurred in the performance of such 
                duties.
          (6) The panel shall meet on a biannual basis and, at 
        any other time, at the call of the Chairman or upon the 
        request of a majority of the voting members or of the 
        Director.
          (7) The panel may exercise such powers as are 
        reasonably necessary in order to carry out its duties 
        under subsection (b).

Sec. 1131. Authorization of appropriations

  [(a) There is authorized to be appropriated to carry out the 
provisions of sections 205 and 208 of this Act, and section 3 
of the Sea Grant Program Improvement Act of 1976 (33 U.S.C. 
1124a), an amount--
          [(1) for fiscal year 1991, not to exceed $44,398,000;
          [(2) for fiscal year 1992, not to exceed $46,014,000;
          [(3) for fiscal year 1993, not to exceed $47,695,000;
          [(4) for fiscal year 1994, not to exceed $49,443,000; 
        and
          [(5) for fiscal year 1995, not to exceed 
        $51,261,000.]
  (a) Authorization.--There is authorized to be appropriated to 
carry out this Act--
          (1) $55,400,000 for fiscal year 1998;
          (2) $56,500,000 for fiscal year 1999;
          (3) $57,600,000 for fiscal year 2000;
          (4) $58,800,000 for fiscal year 2001; and
          (5) $59,900,000 for fiscal year 2002.
  [(b)(1) There is authorized to be appropriated for 
administration of this Act, including section 209, by the 
National Sea Grant Office and the Administration, an amount--
          [(A) for fiscal year 1991, not to exceed $2,500,000;
          [(B) for fiscal year 1992, not to exceed $2,600,000;
          [(C) for fiscal year 1993, not to exceed $2,700,000;
          [(D) for fiscal year 1994, not to exceed $2,800,000; 
        and
          [(E) for fiscal year 1995, not to exceed $2,900,000.]
  (b) Program Elements.--
          (1) Limitation.--Of the amount appropriated for each 
        fiscal year under subsection (a), no more than 6 
        percent may be used to fund both the program element 
        contained in section 204(b)(2) and any small business 
        innovation research.
          (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.
  (d) Availability of Sums.--Sums appropriated pursuant to this 
section shall remain available until expended.
  (e) Reversion of Unobligated Amounts.--The amount of any 
grant, or portion of a grant, made to a person under any 
section of this Act that is not obligated by that person during 
the first fiscal year for which it was authorized to be 
obligated or during the next fiscal year thereafter shall 
revert to the Secretary. The Secretary shall add that reverted 
amount to the funds available for grants under the section for 
which the reverted amount was originally made available.

                              
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