[House Report 107-369]
[From the U.S. Government Publishing Office]



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

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



 
       NATIONAL SEA GRANT COLLEGE PROGRAM ACT AMENDMENTS OF 2002

                                _______
                                

 April 15, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 3389]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, to whom was referred the bill 
(H.R. 3389) to reauthorize the National Sea Grant College 
Program Act, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................3
 III. Background and Need for Legislation.............................3
  IV. Summary of Hearings.............................................4
   V. Committee Actions...............................................6
  VI. Summary of Major Provisions of the Bill.........................6
 VII. Section-by-Section Analysis (by Section)........................7
VIII. Committee Views.................................................8
  IX. Cost Estimate..................................................10
   X. Congressional Budget Office Cost Estimate......................11
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)...........12
 XII. Committee Oversight Findings and Recommendations...............12
XIII. Statement on General Performance Goals and Objectives..........12
 XIV. Constitutional Authority Statement.............................13
  XV. Federal Advisory Committee Statement...........................13
 XVI. Congressional Accountability Act...............................13
XVII. Statement on Preemption of State, Local, or Tribal Law.........13
XVIII.Changes in Existing Law Made by the Bill, as Reported..........13

 XIX. Committee Recommendations......................................17
  XX. Proceedings of Subcommittee Markup.............................17
 XXI. Proceedings of Full Committee Markup...........................33

                              I. Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. AMENDMENTS TO FINDINGS.

  Section 202(a)(6) of the National Sea Grant College Program Act (33 
U.S.C. 1121(a)(6)) is amended by striking the period at the end and 
inserting ``, including strong collaborations between Administration 
scientists and scientists at academic institutions.''.

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

  (a) Promotion of Coordination.--Section 204(d)(3)(B) of the National 
Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended by 
striking ``and'' after the semicolon at the end of clause (ii) and by 
adding at the end the following:
                          ``(iv) encourage and promote coordination and 
                        cooperation between the research, education, 
                        and outreach programs of the Administration and 
                        those of academic institutions; and''.
  (b) Ensuring Equal Access.--Section 208(a) of such Act (33 U.S.C. 
1127(a)) is amended by adding at the end the following: ``The Secretary 
shall strive to ensure equal access for minority and economically 
disadvantaged students to the program carried out under this 
subsection.''.

SEC. 4. COORDINATION.

  Section 204 of the National Sea Grant Program Act (33 U.S.C. 1123) is 
further amended by adding at the end the following new subsection:
  ``(e) Coordination.--
          ``(1) The activities of the national sea grant college 
        program shall be coordinated with related activities of the 
        National Science Foundation, the coastal ocean research program 
        of the National Oceanic and Atmospheric Administration, and any 
        other related Federal programs in order to avoid duplication of 
        efforts and to ensure that research areas are covered 
        adequately.
          ``(2) Not later than February 15 of each year, the Director 
        of the national sea grant program, the Director of the coastal 
        ocean research program, and the Director of the National 
        Science Foundation shall jointly submit to Congress a report on 
        how the activities of those programs will be coordinated during 
        the fiscal year following the fiscal year in which the report 
        is submitted. The report shall describe in detail any 
        overlapping research interests among the programs and specify 
        how such research interests will be pursued by the programs in 
        a complementary manner.''.

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

  Section 209(c)(2) of the National Sea Grant College Program Act (33 
U.S.C. 1128(c)(2)) is amended by striking the first sentence and 
inserting the following: ``The term of office of a voting member of the 
panel shall be 3 years for a member appointed before the date of 
enactment of the National Sea Grant College Program Act Amendments of 
2002, and 4 years for a member appointed or reappointed after the date 
of enactment of the National Sea Grant College Program Act Amendments 
of 2002. The Director may extend the term of office of a voting member 
of the panel appointed before the date of enactment of the National Sea 
Grant College Program Act Amendments of 2002 by up to 1 year.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Subsections (a) and (b) of section 212 of the 
National Sea Grant College Program Act (33 U.S.C. 1131) are amended to 
read as follows:
  ``(a) Authorization.--
          ``(1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this title--
                  ``(A) $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) Zebra mussel, oyster, and harmful algal bloom 
        research.--In addition to the amount authorized under paragraph 
        (1), there is authorized to be appropriated for each of fiscal 
        years 2003 through 2008--
                  ``(A) $5,000,000 for competitive grants for 
                university research on the zebra mussel biology and 
                control;
                  ``(B) $5,000,000 for competitive grants for 
                university research on oyster diseases, oyster 
                restoration, and oyster-related human health risks; and
                  ``(C) $5,000,000 for competitive grants for 
                university research on the biology, prevention, and 
                forecasting of harmful algal blooms, including 
                Pfiesteria piscicida.
  ``(b) Limitations.--
          ``(1) Administration.--There may not be used for 
        administration of programs under this title in a fiscal year 
        more than 5 percent of the lesser of--
                  ``(A) the amount authorized to be appropriated under 
                this title for the fiscal year; or
                  ``(B) the amount appropriated under this title for 
                the fiscal year.
          ``(2) Use for other offices or programs.--Sums appropriated 
        under the authority of subsection (a)(2) shall not be available 
        for administration of this title by the National Sea Grant 
        Office, for any other Administration or department program, or 
        for any other administrative expenses.''.
  (b) Distribution of Funds.--Such section is further amended by 
striking subsection (c) and inserting the following:
  ``(c) Distribution of Funds.--In any fiscal year in which the 
appropriations made pursuant to subsection (a)(1) exceed the amounts 
appropriated for fiscal year 2002 for the purposes described in such 
subsection, the Secretary shall distribute the excess amounts (except 
amounts used for the administration of programs) solely to--
          ``(1) State sea grant programs on a merit reviewed, 
        competitive basis to support, enhance, and reward programs that 
        are best managed and carry out the highest quality research, 
        education, extension, and training programs;
          ``(2) national strategic initiatives; or
          ``(3) both.''.

                        II. Purpose of the Bill

    The purpose of H.R. 3389 is to reauthorize the National Sea 
Grant College Program Act, and for other purposes. The 
legislation would reauthorize the program for Fiscal Years 2003 
to 2008.

              III. Background and Need for the Legislation

    The National Sea Grant College Program (Sea Grant) was 
established by the National Sea Grant College Act (33 U.S.C. 
1121-1131), which Congress passed in 1966. Sea Grant was 
designed as the marine counterpart of the agriculture research 
and extension activities based at the country's land grant 
universities. Sea Grant's objective is to increase the 
understanding, assessment, development, utilization and 
conservation of the Nation's ocean, coastal and Great Lakes 
resources. Sea Grant was originally housed at the National 
Science Foundation, but was transferred to the newly created 
National Oceanic and Atmospheric Administration (NOAA) in the 
Department of Commerce in 1970. Sea Grant is made up of 30 sea 
Grant College programs located in coastal and Great Lakes 
states and Puerto Rico that use the resources of more than 300 
U.S. universities and scientific institutions to conduct marine 
research, education and outreach activities.
    Each Sea Grant state program works with the National Sea 
Grant office and the user community of the state to develop a 
list of priority research areas to promote the sustainable use 
and overall well-being of marine resources. Each program 
designs its own education programs to train future marine 
scientists and technicians at the graduate level as well as 
elementary and secondary students and teachers. Each program 
also develops its own Sea Grant extension service, tailored to 
provide information and technical assistance to meet the needs 
of the user community of the state.
    For fiscal year 2001, $62 million in federal funds was 
appropriated for Sea Grant. According to the National Sea Grant 
Office, about 80 percent went directly to the state programs, 
and 15 percent went to national strategic initiatives through 
nationwide, competitive grants. By law no more than 5 percent 
can go for national administration of the program. The state 
programs contributed about another $35 million in matching and 
in-kind contributions. Sea Grant also managed an additional $16 
million that was transferred from other NOAA programs, bringing 
the total amount to about $113 million.
    Of the $113 million, about $63 million or 56 percent was 
spent on research activities. The remaining 44 percent was used 
for extension, communication, education and management 
functions.
    Congress last passed a Sea Grant authorization in 1998, 
which runs through fiscal year 2003. The legislation focused on 
implementing the recommendations of a 1994 National Research 
Council (NRC) review of the program, including those to better 
define the roles of the National Sea Grant Office, Sea Grant 
College programs and the Sea Grant Review Panel. The NRC panel 
also recommended streamlining the process for reviewing 
proposals and evaluating the program, which was accomplished 
through the legislation and administrative reforms.
    The authorization for the Sea Grant program expires at the 
end of fiscal year 2003. In addition, the Administration's 
fiscal year 2003 Budget Request proposes to transfer the Sea 
Grant program from NOAA to the National Science Foundation 
(NSF) to promote more rigorous, merit-based competition among 
researchers.

                        IV. Summary of Hearings


February 28, 2002--The NOAA Sea Grant Program: Review and 
        Reauthorization

    The purpose of the hearing was to evaluate the 
Administration's fiscal year 2003 budget proposal to transfer 
the Sea Grant College Program from NOAA to NSF. The hearing 
also explored H.R. 3389, a bill that would reauthorize the Sea 
Grant College Program within NOAA.
    The following witnesses testified before the Committee: (1) 
Vice Admiral Conrad C. Lautenbacher, Jr., Under Secretary of 
Commerce for Oceans and Atmosphere, National Oceanic and 
Atmospheric Administration; (2) Dr. Russell Moll, Director, 
California Sea Grant College Program, University of California 
San Diego; (3) Mary Hope Katsouros, Senior Fellow and Senior 
Vice President, the H. John Heinz III Center for Science, 
Economics, and the Environment; (4) Dr. Nancy Rabalais, 
Professor, Louisiana Universities Marine Consortium; (5) 
Michael Donahue, President/Chief Executive Officer, Great Lakes 
Commission.
    Vice Admiral Lautenbacher reiterated the rationale for the 
request to transfer the Sea Grant program. He stated that the 
Administration believes that NSF would better manage Sea 
Grant's research, which would maximize the benefit received 
from each dollar invested.
    Dr. Russell Moll argued that:
     Sea Grant's local, state, and national programs 
use a strong peer review process for evaluating potential 
research projects. Every four years each Sea Grant program 
undergoes an external review.
     Whether the Sea Grant program remains at NOAA or 
is transferred to NSF, the program's strengths (partnerships, 
research interwoven with outreach, and coastal focus) should be 
maintained.
     Since Sea Grant is already authorized for several 
more years within NOAA, the Administration should wait for the 
President's Commission on Ocean Policy to finish its review of 
the structure of federal marine programs before moving Sea 
Grant.
     There should be no change in the mission, 
structure, or function of Sea Grant until the Commission's 
report is released.
     NSF is not particularly interested in outreach 
activities nor is NSF likely to support Sea Grant's matching 
provision; both are elements of the program's current 
strengths.
     If the Coastal Ocean Program is merged with Sea 
Grant, the integrity of both programs should be maintained.
    Mary Hope Katsouros noted that Sea Grant creates 
partnerships involving 300 institutions and 3,000 scientists 
each year. She testified that:
     Sea Grant should not be moved from NOAA to NSF 
because Sea Grant currently funds applied research; responds to 
local, state, regional, and national goals; is supported by 
matching funds; and conducts extension activities--all elements 
that would be lost under NSF administration.
     Congress should reconsider implementing a 1994 
National Research Council recommendation to elevate Sea Grant 
within NOAA's administrative structure to be in the Office of 
the NOAA Administrator.
     Since 1994, the Sea Grant peer-review process has 
improved.
     The Coastal Ocean Program supports long-term, 
multidisciplinary research, whereas the Sea Grant program is 
focused on single investigator, state and national priority 
research.
    Dr. Nancy Rabalais is a scientist who has been doing marine 
coastal research for 20 years. She has received grant money 
from Sea Grant, the Coastal Ocean Program, and NSF, and has had 
proposals rejected by each organization as well. She testified 
that:
     These programs serve different constituencies, do 
different kinds of research, and address different needs.
     The fear among the marine science community is 
that moving Sea Grant or the Coastal Ocean Program would 
jeopardize the purpose and integrity of each program.
     The NSF budget needs to be increased on its own; 
not by moving other programs into it.
     The U.S. Ocean Commission review and Vice Admiral 
Lautenbacher's bottom-up review of NOAA's programs should be 
completed before research dollars and programs are moved.
    Dr. Michael Donahue discussed Sea Grant from a Great Lakes 
perspective. He testified that:
     The Great Lakes Commission and member states rely 
on the research and extension services Sea Grant provides.
     The Great Lakes Commission opposes the proposed 
transfer of the program from NOAA to NSF; attention should be 
directed towards strengthening the program within NOAA and 
working towards reauthorization.
     If the Federal government provides less or no 
funding for Sea Grant's activities, the ability of the states 
to perform their mandated functions would be severely 
compromised and could cause the outright elimination of entire 
research, education, and outreach programs. The implications 
could include loss of local economic development opportunities, 
a less informed public, a compromised decision-support system 
for state legislators, and in some areas increased exposure to 
environmental contaminants.
     Several Sea Grant issues need to be addressed: the 
program's stature and base funding need to be elevated for it 
to realize its potential; Sea Grant's outreach needs have 
increased because of the downsizing of government, but its 
budget for extension has not; Sea Grant's focus on regional, in 
addition to state-level, issues should be expanded.
     Sea Grant needs to be reauthorized, appropriated 
not less than $100 million, and its profile within NOAA should 
be elevated over time.

                          V. Committee Actions

    Congressman Wayne T. Gilchrest introduced H.R. 3389 on 
November 30, 2001. On February 28, 2002, the Environment, 
Technology, and Standards Subcommittee held a hearing on this 
bill.
    On March 7, 2002, the bill was referred to the Committee on 
Science after being reported by the Committee on Resources. The 
Subcommittee on Environment, Technology, and Standards met on 
March 14, 2002 to consider the bill. Subcommittee Chairman 
Ehlers offered an en bloc amendment, which was adopted by voice 
vote. The Subcommittee favorably reported the bill, H.R. 3389, 
as amended, by voice vote.
    On March 20, 2002, the Committee on Science considered H.R. 
3389. Congressman Vernon J. Ehlers offered an en bloc amendment 
that included two provisions: 1) an amendment by Congresswoman 
Jackson Lee requiring the Secretary to ``strive to ensure equal 
access for minority and economically disadvantaged students;'' 
and 2) an amendment to clarify that education, extension, and 
training programs would be part of the merit review process. 
The Committee adopted the amendment by voice vote. The 
Committee then favorably reported the bill as amended, by voice 
vote, and authorized staff to make technical and conforming 
changes as necessary.

              VI. Summary of Major Provisions of the Bill

    There are three major provisions of the bill:
     The legislation reauthorizes the Sea Grant program 
for five years. The legislation authorizes a total of $550 
million for Sea Grant activities for fiscal years 2003 to 2008.
     The legislation directs the Sea Grant program to 
coordinate with the National Science Foundation and the Coastal 
Ocean Research Program of the National Oceanic and Atmospheric 
Administration to avoid duplication of efforts and to ensure 
that research areas are covered adequately. In addition, the 
directors of each program and the Director of the National 
Science Foundation shall jointly submit to Congress a report on 
how the activities of those programs will be coordinated.
     The legislation requires that in any fiscal year 
in which the appropriations exceed the amounts appropriated for 
fiscal year 2002, the Secretary of Commerce shall distribute 
the excess amounts (except amounts used for the administration 
of programs) to state sea grant programs on a merit reviewed, 
competitive basis; to national strategic initiatives; or both.

                    VII. Section-by-Section Analysis


                          Sec. 1--Short Title

    The National Sea Grant College Program Act Amendments of 
2002

                     Sec. 2--Amendments to Findings

    The legislation amends section 202(a)(6) of the National 
Sea Grant College Program Act and inserts language to encourage 
strong collaborations between Administration scientists and 
academic institutions.

 Sec. 3--Requirements Applicable to National Sea Grant College program

    The legislation amends section 204(d)(3)(B) and inserts 
language that the director of the National Sea Grant College 
Program shall encourage and promote coordination and 
cooperation between the research, education, and outreach 
programs of the Administration and those academic institutions.
    The legislation amends section 208(a) and inserts language 
that the Secretary shall strive to provide equal access for 
minority and economically disadvantaged students to the 
program.

                          Sec. 4--Coordination

    The legislation amends section 204 by adding a new 
subsection (e) that the activities of the National Sea Grant 
College Program shall be coordinated with related activities of 
the National Science Foundation, the Coastal Ocean Program of 
the National Oceanic and Atmospheric Administration, and any 
other Federal programs to avoid duplication of efforts and to 
ensure that research areas are covered adequately. In addition, 
the director of the National Sea Grant program, the director of 
the Coastal Ocean Program, and the director of the National 
Science Foundation shall jointly submit to Congress a report on 
how the activities of those programs will be coordinated during 
the fiscal year following the fiscal year the report is 
submitted.

         Sec. 5--Terms of Membership for Sea Grant Review Panel

    The legislation amends section 209(c)(2) and inserts 
language that the term of office for a voting member of the 
panel shall be three years for a member appointed before the 
date of enactment of this legislation, and four years for a 
member appointed after the date of enactment of this 
legislation.

                Sec. 6--Authorization of Appropriations

    The legislation amends section 212 by authorizing $60 
million for FY 2003; $75 million for FY 2004; $77.5 million for 
FY 2005; $80 million for FY 2006; $82.5 million for FY 2007; 
and $85 million for FY 2008. In addition to the amount 
authorized above, there is authorized for each of fiscal years 
2003 through 2008, $5 million each for research into zebra 
mussels, oysters, and harmful algal blooms. No more than 5 
percent of the funds may be used for administration of the 
program.
    The legislation inserts a provision that in any fiscal year 
which appropriations exceed the amounts appropriated for fiscal 
year 2002, the Secretary shall distribute the additional 
amounts (except amounts used for administration of programs) 
solely to state Sea Grant programs on a merit-reviewed, 
competitive basis to reward programs that are best managed and 
produce the highest quality research, education, extension, and 
training programs; national strategic initiatives; or both.

                         VIII. Committee Views


Administration's proposal to transfer Sea Grant to NSF

    The Administration's fiscal year 2003 budget proposes to 
transfer the Sea Grant program from NOAA to NSF to promote more 
rigorous, merit-based competition among researchers. The 
Committee disagrees that it is necessary to transfer the 
program to achieve these goals. H.R. 3389 reauthorizes the Sea 
Grant program within NOAA for the next five years.
    While it is widely acknowledged that NSF provides the 
nation with exceptional peer-reviewed marine research, NSF's 
mission and focus is different from that of Sea Grant. NSF's 
research and activities are oriented toward basic research 
questions with projects chosen by scientist, while Sea Grant's 
mission is largely an applied, state- and locally-focused 
research program that is also accountable to stakeholders and a 
state's user community. Each participating state is also 
required to provide at least one-third of the total funding for 
the Sea Grant activities within the state. Sea Grant has a 
three-pronged approach of research, education and outreach, 
which is not easily compatible with the orientation of NSF. The 
extension service ensures that Sea Grant's research is put to 
practical use by the stakeholders. There are no similar 
activities at NSF, and that agency has no implementation plan 
for managing or continuing these vital activities. The 
Committee believes the vital and successful education and 
extension activities of Sea Grant must be maintained.

Section 4: Coordination

    H.R. 3389 as passed by the Committee on Resources on 
February 27, 2002 contained a provision to transfer the Coastal 
Ocean Program from the National Ocean Service to Sea Grant. The 
Committee opposes the transfer of the Coastal Ocean Program 
(COP) from the National Ocean Service to the National Sea Grant 
College program. The Committee believes the merger would 
jeopardize the future of COP, its funding, and the nation's 
ability to achieve the long-term, regional-scale information 
needed to address issues such as harmful algal blooms, 
fisheries management, and water and sediment pollution in the 
oceans and Great Lakes. The Committee believes the Sea Grant 
Program and COP complement each other by serving different 
client bases and by focusing research efforts on different 
geographic and time scales. The Committee believes these two 
programs are distinctly different in their purposes and that 
there is no benefit to combining them.
    In addition, the Committee notes that the Department of 
Commerce intends to conduct an agency-wide programmatic review, 
and that the President's Commission on Ocean Policy will also 
be reporting its findings on Federal ocean and coastal 
activities as required by The Oceans Act of 2000. The Committee 
intends to review the findings of these efforts and will 
consider recommendations of the Administration and the 
Commission when they are presented. Until that time, the 
Committee agrees with the Administration's position that it 
would be premature to merge these two programs.
    The Committee does believe, however, that greater 
coordination is necessary between the related activities of 
NOAA's National Sea Grant College Program, NOAA's Coastal Ocean 
Program, and the National Science Foundation to avoid 
duplication and to ensure that research areas are adequately 
covered. To ensure coordination, H.R. 3389 requires that the 
Director of the National Sea Grant Program, the Director of the 
Coastal Ocean Program, and the Director of the National Science 
Foundation jointly submit a report on how the activities of 
those programs will be coordinated during the fiscal year 
following the fiscal year in which the report is submitted. The 
Committee expects the report to be submitted with the 
President's budget, but it must be submitted no later than 
February 15th of each year.
    The Committee expects the report to be, in effect, a joint 
plan for marine research. The agencies should undertake a 
comprehensive review of the opportunities and needs in the 
field, and explicitly allocate the research agenda among the 
three programs to avoid unnecessary duplication and ensure that 
no unavoidable gaps exist. The agencies should be especially 
attentive to opportunities to work together in a complementary 
fashion--for example, following up a basic research project at 
NSF with a related applied project at NOAA, or using the Sea 
Grant extension services to disseminate information on relevant 
research funded by NSF or the COP program. The report should 
explicitly describe the research agenda, opportunities for 
complementary tasks and any activities sponsored or undertaken 
jointly by the programs.

Section 6: Distribution of funds

    The National Sea Grant College Program Act does not specify 
how federal funding should be allocated among the state Sea 
Grant programs. There is no set formula or transparent process 
by which the funding allocation decisions are made. The current 
system appears to be based mostly on a historical allocation of 
funding determined by when the National Sea Grant office 
officially recognized the state program. This has led some to 
question the fairness of the program. The Committee expects the 
Administrator of NOAA to work with the Sea Grant Association 
and other interested parties to revise and reform the formula 
for how the federal money is allocated to state programs. This 
new formula should ensure that those Sea Grant institutions 
attempting to become designated as a Sea Grant College program 
are given proper resources to fulfill the requirements.
    The Committee believes that increasing Sea Grant's reliance 
on competitive, merit review procedures will improve the 
quality of the program. To ensure that more money is allocated 
using those procedures, H.R. 3389 requires that any funding 
above the fiscal year 2002 level be allocated through a merit-
reviewed competition among state programs and/or through merit-
reviewed competitions to carry out national strategic 
initiatives. The Committee expects that more of the new, 
competitive money will be used for state programs than for 
national strategic initiatives.
    The Committee recognizes that significant geographic areas 
are currently served because of limitations in funding. The 
Committee does not intend to discourage the expansion of the 
Sea Grant College program.

Pacific Islands regional consortium

    H.R. 3389, as amended by the Committee on Resources, 
directed the Secretary of Commerce to make available $2.7 
million in grants to an eligible Pacific Islands regional 
consortium for activities necessary for the consortium to 
qualify for designation as an independent Sea Grant College 
Program. No other Sea Grant program, institution or region has 
ever been so provided for in statute. Consequently, the 
Committee has removed the provision from the bill.
    The Committee notes that NOAA has the authority to award 
grants to colleges within the regional consortium mentioned in 
the amendment and has recently awarded grants to the University 
of Guam for the purpose of assisting the U.S. Pacific Islands 
and freely associated states in their efforts to fulfill the 
requirements to receive designation as a Sea Grant College 
Program under Section 207 of the law. The Committee also notes 
that the Pacific Islands region has few land resources relative 
to other regions, is heavily dependent upon their coastal and 
ocean resources, and that the western Pacific represents a 
significant gap in coverage under the existing Sea Grant 
Program. The Committee believes the Pacific Islands have a 
great deal to gain and to offer through their full 
participation in the Sea Grant Program. The Committee expects 
the Administrator and the National Sea Grant office to work 
closely and cooperatively with the six regional institutions of 
higher education in the Pacific (the College of the Marshall 
Islands, the College of Micronesia-FSM, American Samoa 
Community College, Northern Marianas College, Palau Community 
and the University of Guam) to assist them in their efforts to 
receive designation as a Sea Grant College Program through the 
process outlined in Section 207 of the law.

                           IX. Cost Estimate

    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 that 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.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 4, 2002.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3389, the National 
Sea Grant College Program Act Amendments of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3389--National Sea Grant College Program Act Amendments of 2002

    Summary: H.R. 3389 would authorize funding for the national 
sea grant college program through fiscal year 2008. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing the bill would cost $294 million over the 2003-
2007 period to carry out these activities. (An additional $188 
million would be spent after 2007.) The legislation would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 3389 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3389 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).
    The bill would authorize the appropriation of $451 million 
over the 2003-2007 period, plus $100 million for fiscal year 
2008, to carry out the National Oceanic and Atmospheric 
Administration's (NOAA) contract grant, fellowship, and 
administrative functions under the sea grant program. For this 
estimate, CBO assumes that all amounts authorized by H.R. 3389 
will be appropriated by the start of each fiscal year and that 
outlays would follow historical spending patterns for the sea 
grants program.

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2002    2003    2004    2005    2006    2207
----------------------------------------------------------------------------------------------------------------
Spending Under Current Law:
    Authorization Level \1\.....................................      62      69       0       0       0       0
    Estimated Outlays...........................................      55      62      47      14       0       0
Proposed Changes:
    Authorization Level.........................................       0       6      90      93      95      98
    Estimated Outlays...........................................       0       2      30      74      93      95
Spending Under H.R. 3389:
    Authorization Level.........................................      62      75      90      93      95      98
    Estimated Outlays...........................................      55      64      77      88      93      95
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for sea grants. The 2003 level is the amount
  authorized for appropriation for that program.

    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 3389 contains no mandates as defined in UMRA and would 
impose no costs on state, local, or tribal governments. The 
bill would benefit public universities by reauthorizing the sea 
grant program which provides grants to develop programs to 
improve marine resource conservation, management, and 
utilization. Any costs incurred by public universities to 
participate in this program would be voluntary. In addition, 
the bill could benefit state governments who have implemented 
state sea grant programs by authorizing the Secretary of 
Commerce to distribute any excess amounts appropriated above 
the fiscal year 2002 level to state sea grant programs (on a 
competitive, merit-based review). Any costs incurred by states 
would be voluntary.
    Estimated impact on the private-sector: H.R. 3389 would 
impose no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On March 5, 2002, CBO transmitted a 
cost estimate for H.R. 3389 as ordered reported by the House 
Committee on Resources on February 27, 2002. The cost of the 
Science Committee version of the bill is lower than the 
Resources Committee version because it does not contain 
authorizations levels for NOAA's ocean coastal research program 
as the Resources Committee version did. The Science Committee 
version also includes authorization levels for fiscal year 
2003, while the Resources Committee version did not.
    Estimate prepared by: Federal Cost: Deborah Reis; Impact on 
State, Local, and Tribal Governments: Elyse Goldman; and Impact 
on the Private Sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

        XI. Compliance With Public Law 104-4 (Unfunded Mandates)

    H.R. 3389 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    Rule XIII, clause 3(c)(1) of the House of Representatives 
requires each committee report to include oversight findings 
and recommendations required pursuant to clause 2(b)(1) of rule 
X. The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c)(4) of House Rule XIII, the goal 
and objective of the bill is to reauthorize the National Sea 
Grant College Program Act. Sea Grant's objective is to increase 
the understanding, assessment, development, utilization and 
conservation of the Nation's ocean, coastal and Great Lakes 
resources.

                XIV. Constitutional Authority Statement

    Rule XIII, clause 3(d)(1) of the House of Representatives 
requires each report of a committee on a bill or joint 
resolution of a public character to include a statement citing 
the specific powers granted to the Congress in the Constitution 
to enact the law proposed by the bill or joint resolution. 
Article I, section 8 of the Constitution of the United States 
grants Congress the authority to enact H.R. 3389.

                XV. Federal Advisory Committee Statement

    H.R. 3389 does not establish nor authorize the 
establishment of any advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 3389 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

      XVII. Statement on Preemption of State, Local, or Tribal Law

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

      XVIII. 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. 201. SHORT TITLE.

  This title may be cited as the ``National Sea Grant College 
Program Act''.

SEC. 202. DECLARATION OF POLICY.

  (a) Findings.--The Congress finds and declares the following:
          (1)  * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.

  (a)  * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                          (iv) encourage and promote 
                        coordination and cooperation between 
                        the research, education, and outreach 
                        programs of the Administration and 
                        those of academic institutions; and
  (e) Coordination.--
          (1) The activities of the national sea grant college 
        program shall be coordinated with related activities of 
        the National Science Foundation, the coastal ocean 
        research program of the National Oceanic and 
        Atmospheric Administration, and any other related 
        Federal programs in order to avoid duplication of 
        efforts and to ensure that research areas are covered 
        adequately.
          (2) Not later than February 15 of each year, the 
        Director of the national sea grant program, the 
        Director of the coastal ocean research program, and the 
        Director of the National Science Foundation shall 
        jointly submit to Congress a report on how the 
        activities of those programs will be coordinated during 
        the fiscal year following the fiscal year in which the 
        report is submitted. The report shall describe in 
        detail any overlapping research interests among the 
        programs and specify how such research interests will 
        be pursued by the programs in a complementary manner.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


SEC. 209. SEA GRANT REVIEW PANEL.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Membership, Terms, and Powers.--(1)  * * *
  (2) [The term of office of a voting member of the panel shall 
be 3 years, except that of the original appointees, five shall 
be appointed for a term of 1 year, five shall be appointed for 
a term of 2 years, and five shall be appointed for a term of 3 
years.] The term of office of a voting member of the panel 
shall be 3 years for a member appointed before the date of 
enactment of the National Sea Grant College Program Act 
Amendments of 2002, and 4 years for a member appointed or 
reappointed after the date of enactment of the National Sea 
Grant College Program Act Amendments of 2002. The Director may 
extend the term of office of a voting member of the panel 
appointed before the date of enactment of the National Sea 
Grant College Program Act Amendments of 2002 by up to 1 year. 
At least once each year, the Secretary shall publish a notice 
in the Federal Register soliciting nominations for membership 
on the panel.

           *       *       *       *       *       *       *


SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Authorization.--
          [(1) In general.--There is authorized to be 
        appropriated to carry out this Act--
                  [(A) $56,000,000 for fiscal year 1999;
                  [(B) $57,000,000 for fiscal year 2000;
                  [(C) $58,000,000 for fiscal year 2001;
                  [(D) $59,000,000 for fiscal year 2002; and
                  [(E) $60,000,000 for fiscal year 2003.
          [(2) Zebra mussel and oyster research.--In addition 
        to the amount authorized for each fiscal year under 
        paragraph (1)--
                  [(A) up to $2,800,000 may be made available 
                as provided in section 1301(b)(4)(A) of the 
                Nonindigenous Aquatic Nuisance Prevention and 
                Control Act of 1990 (16 U.S.C. 4741(b)(4)(A)) 
                for competitive grants for university research 
                on the zebra mussel;
                  [(B) up to $3,000,000 may be made available 
                for competitive grants for university research 
                on oyster diseases and oyster-related human 
                health risks; and
                  [(C) up to $3,000,000 may be made available 
                for competitive grants for university research 
                on Pfiesteria piscicida and other harmful algal 
                blooms.
  [(b) Program Elements.--
          [(1) Limitation.--No more than 5 percent of the 
        lesser of--
                  [(A) the amount authorized to be 
                appropriated; or
                  [(B) the amount appropriated,
        for each fiscal year under subsection (a) may be used 
        to fund the program element contained in section 
        204(b)(2).
  [(2) Sums appropriated under the authority of subsections (a) 
and (c) shall not be available for administration of this Act 
by the National Sea Grant Office, or for Administration program 
or administrative expenses.
  [(c) In addition to sums authorized under subsection (a), 
there is authorized to be appropriated for priority oyster 
disease research under section 205 of this Act, an amount--
          [(1) for fiscal year 1992, not to exceed $1,400,000;
          [(2) for fiscal year 1993, not to exceed $3,000,000;
          [(3) for fiscal year 1994, not to exceed $3,000,000; 
        and
          [(4) for fiscal year 1995, not to exceed $3,000,000.]
  (a) Authorization.--
          (1) In general.--There is authorized to be 
        appropriated to the Secretary to carry out this title--
                  (A) $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) Zebra mussel, oyster, and harmful algal bloom 
        research.--In addition to the amount authorized under 
        paragraph (1), there is authorized to be appropriated 
        for each of fiscal years 2003 through 2008--
                  (A) $5,000,000 for competitive grants for 
                university research on the zebra mussel biology 
                and control;
                  (B) $5,000,000 for competitive grants for 
                university research on oyster diseases, oyster 
                restoration, and oyster-related human health 
                risks; and
                  (C) $5,000,000 for competitive grants for 
                university research on the biology, prevention, 
                and forecasting of harmful algal blooms, 
                including Pfiesteria piscicida.
  (b) Limitations.--
          (1) Administration.--There may not be used for 
        administration of programs under this title in a fiscal 
        year more than 5 percent of the lesser of--
                  (A) the amount authorized to be appropriated 
                under this title for the fiscal year; or
                  (B) the amount appropriated under this title 
                for the fiscal year.
          (2) Use for other offices or programs.--Sums 
        appropriated under the authority of subsection (a)(2) 
        shall not be available for administration of this title 
        by the National Sea Grant Office, for any other 
        Administration or department program, or for any other 
        administrative expenses.
  (c) Distribution of Funds.--In any fiscal year in which the 
appropriations made pursuant to subsection (a)(1) exceed the 
amounts appropriated for fiscal year 2002 for the purposes 
described in such subsection, the Secretary shall distribute 
the excess amounts (except amounts used for the administration 
of programs) solely to--
          (1) State sea grant programs on a merit reviewed, 
        competitive basis to support, enhance, and reward 
        programs that are best managed and carry out the 
        highest quality research, education, extension, and 
        training programs;
          (2) national strategic initiatives; or
          (3) both.

           *       *       *       *       *       *       *


                     XIX. Committee Recommendations

    On March 20, 2002, a quorum being present, the Committee on 
Science favorably reported the National Sea Grant College 
Program Act Amendments of 2002 by voice vote, and recommended 
its enactment.

               XX. Proceedings of the Subcommittee Markup



PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON ENVIRONMENT, 
  TECHNOLOGY, AND STANDARDS ON H.R. 3389, NATIONAL SEA GRANT COLLEGE 
  PROGRAM ACT AMENDMENTS OF 2002

                              ----------                              


                        THURSDAY, MARCH 14, 2002

                  House of Representatives,
      Subcommittee on Environment, Technology, and 
                                         Standards,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 9:05 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Vernon J. 
Ehlers [Chairman of the Subcommittee] presiding.

                               H.R. 3389

    9:05 a.m.
    Chairman Ehlers. Good morning. The Subcommittee will be in 
order. Pursuant to notice, the Subcommittee on Environment, 
Technology, and Standards is meeting today to consider the 
following measure: H.R. 3389, the National Sea Grant College 
Program Act Amendments of 2002. And as everyone knows, this 
will be followed by a hearing on a totally different subject.
    I ask unanimous consent for the authority to recess the 
Subcommittee at any point, and without objection, it is so 
ordered.
    I will proceed with my opening remarks on the bill that is 
under consideration. H.R. 3389, introduced by Mr. Gilchrest, 
passed the House Resources Committee on February 27, 2002 and 
was referred to the Science Committee for consideration. This 
Subcommittee held a hearing on February 28, 2002, which 
examined the Administration's proposal to transfer Sea Grant 
from the National Oceanic and Atmospheric Administration to the 
National Science Foundation and H.R. 3389. Based on the hearing 
and other information we have gathered, I plan to offer an en 
bloc amendment which makes several changes to the underlying 
legislation. I will explain the specifics of the amendment 
during consideration. After this short markup, we will then 
move on to the hearing on the Technology Administration's 
budget for the Fiscal Year 2003.
    The Chair now recognizes Mr. Barcia, the Ranking Minority 
Member of the Subcommittee, for an opening statement on the 
bill under consideration, H.R. 3389.
    Mr. Barcia. Thank you, Chairman Ehlers, for bringing the 
Sea Grant Reauthorization Bill before the Subcommittee today 
and, also, for working with us on the bill. I fully support the 
Sea Grant College Program and I am pleased that our 
Subcommittee is acting expeditiously to reauthorize this 
important program in NOAA so that the fine work done by the 
Michigan Sea Grant Program can continue.
    I understand the Chairman's concerns about including 
provisions of H.R. 3389 on the Pacific Islands Regional 
Consortium, however, I believe the Pacific Island territories 
have some legitimate concerns and special circumstances to 
consider. I hope that the Chairman is open to working with 
Representative Underwood as this bill moves forward to address 
his concerns in a manner that we can all support.
    Mr. Chairman, I would now like to yield my remaining time 
to Mr. Baird for a brief statement about the Coastal Ocean 
Program.
    Mr. Baird. I would like to thank the Ranking Member and I 
would like to also thank Chairman Ehlers for including in his 
en bloc amendment the provision to strike the transfer of the 
Coastal Ocean Program to the Sea Grant Program. I believe we 
need to maintain both programs, because they serve very 
different information needs. The Washington Sea Grant Program 
state-focus serves the specific mix of individuals and 
businesses that rely on our coastal resources for their 
livelihoods, for recreation, and support. The Coastal Ocean 
Program provides our research managers with regional scale 
information that we need to better manage fisheries in 
conjunction with neighboring states. Since there have been no 
problems identified with the management of the Coastal Ocean 
Program, and it is producing high quality research focused on 
regional and national needs, I see no justification for fixing 
what is not broken.
    I hope we will be able to convince our colleagues on the 
Resources Committee to join us in maintaining the Coastal Ocean 
Program in its current configuration and location. And again, I 
would like to thank the Ranking Member, and the Chairman, and 
also, Committee Staff Jean Frucci for her assistance in this, 
and I look forward to working with the Chairman.
    I yield back the balance of my time to the Ranking Member, 
Mr. Barcia. Thank you, sir.
    Mr. Barcia. Thank you, Mr. Chairman. I yield back the 
balance of my time.
    Chairman Ehlers. The gentleman yields back his time. 
Without objection, all other members may place opening 
statements in the record. So ordered.
    We will now consider H.R. 3389, the National Sea Grant 
College Program Act Amendments of 2002. The first reading of 
the bill.
    The Clerk. Text of H.R. 3389. Section 1. Short Title. This 
Act may be cited----
    [H.R. 3389 follows:]
    
    
    Chairman Ehlers. I ask unanimous consent that the bill be 
considered as read and open to amendment at any point. Without 
objection, so ordered.
    Let us now begin by considering the amendments. The first 
amendment on the roster is the amendment offered by the Chair. 
I ask unanimous consent that this amendment be considered en 
bloc. Without objection, so ordered. The clerk will report the 
amendment.
    The Clerk. Amendments to H.R. 3389 offered by Mr. Ehlers. 
Page 1, line 4, strike ``AND OBJECTIVE''. Page 1, line 5, 
strike----
    [Amendment to H.R. 3389 offered by Mr. Ehlers follows:]
    
    
    Chairman Ehlers. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. I now recognize 
myself for five minutes to explain the amendment.
    As I mentioned in my opening statement, my en bloc 
amendment makes several changes to H.R. 3389 as passed by the 
House Resources Committee. First, I want to commend my 
colleague, Mr. Gilchrest from Maryland, for introducing H.R. 
3389 and for his efforts on behalf of the Sea Grant Program. 
All of us benefit greatly from his leadership on these issues. 
And I want to add a personal note. I regard Mr. Gilchrest as 
one of the great leaders in this Congress on these issues 
relating to water resources; particularly, wetlands, Chesapeake 
Bay, and other issues. Second, I want everyone to know that I 
strongly support the Sea Grant Program and I want to work with 
all my colleagues to increase funding and exposure for this 
most important research and extension program.
    As discussed in our Subcommittee hearing, I believe that 
the Administration's proposal to move the program has provided 
us an opportunity to look more deeply into how to improve the 
program, and I believe my amendment does just that.
    H.R. 3389 reauthorizes Sea Grant within NOAA, and I agree 
with that position. However, I believe that Sea Grant could 
benefit from coordinating and working more closely with the 
National Science Foundation. My amendment inserts language that 
directs the National Sea Grant Program to coordinate its 
related activities with the National Science Foundation and the 
Coastal Ocean Program to avoid duplication and, above all, to 
ensure that the research areas are covered adequately. In 
addition, the language states that Sea Grant, NSF, and the 
Coastal Ocean Program shall jointly submit to Congress a report 
on how their activities will be coordinated in the coming 
fiscal year.
    H.R. 3389 proposes to transfer the Coastal Ocean Program 
from NOAA's National Ocean Service to Sea Grant. From testimony 
we heard from our hearing and the many letters I have received 
from researchers about this issues, I have concluded that the 
differences in the two programs are significant enough to keep 
them separate. My amendment removes the provisions that relate 
to the transfer of the Coastal Ocean Program. However, I agree 
with concerns raised by Mr. Gilchrest that the two programs 
should work together more closely, and as stated earlier, my 
amendment directs Sea Grant to coordinate with the Coastal 
Ocean Program.
    H.R. 3389 contains a provision inserted by Mr. Underwood, 
which would provide direct financial assistance to a Pacific 
Islands Regional Consortium to help it become a nationally 
recognized Sea Grant College Program. I understand that Mr. 
Underwood believes that his universities have not received fair 
consideration from NOAA, and I want to work with him, Mr. 
Gilchrest, and Mr. Barcia to ensure that these universities 
receive proper considerations. However, it would be 
inappropriate to provide them $2.7 million over five years for 
this task when no other program receives such treatment in 
statute. I also believe it would not be fair to other programs 
that are struggling to receive money. Therefore, my amendment 
removes this provision, but I am committed to working with all 
parties involved to find a proper resolution to this issue and 
plan to include language on this in the committee report.
    H.R. 3389 provides much needed increases in overall funding 
levels for Sea Grant. The authorization increases from a total 
$68 million for Fiscal Year 2003 to $90 million for Fiscal Year 
2004 and gradually increases each year thereafter to a total of 
$100 million in Fiscal Year 2008. Included in that amount is 
$15 million a year for research into zebra mussels, harmful 
algal blooms, and oysters. I support the needed increases and 
my amendment maintains the levels in H.R. 3389.
    One issue that was raised at our hearing is the seemingly 
unfair nature of federal funding allocations to state Sea Grant 
programs. Currently, about 80 percent of the federal funding 
goes directly to the state programs based mostly on historical 
averages, 15 percent is for national competitive projects, and 
no more than 5 percent can go for national administration of 
the program. OMB was highly critical of this process and this 
seems to be one of the main reasons for proposing to move Sea 
Grant to NSF. Currently, only about $3 million of that total is 
directly distributed to the state programs is based on the 
merit review process. This is the process by which each state 
program is reviewed by an outside panel and given a rating on 
how well its program is conducting its research, education, and 
extension activities.
    I understand that there needs to be a consistent level of 
funding to ensure each state program can adequately maintain 
its extension and education activities. However, we must find a 
way to make the system more transparent and based on 
competition. Therefore, my amendment inserts language that any 
monies appropriated above the Fiscal Year 2002 level shall be 
distributed to the state Sea Grant programs on a merit review 
competitive basis or for individual projects that are competed 
nationally.
    These changes will enhance the Sea Grant Program and I urge 
my colleagues to support the amendment.
    Is there further discussion on the amendment? Mr. Baca.
    Mr. Baca. Mr. Chair, I wish to strike the last word.
    Chairman Ehlers. You are recognized for five minutes.
    Mr. Baca. Thank you, Mr. Chair. I would like to voice my 
disapproval that Delegate Underwood's amendment to the Resource 
bill was not included in the language before us today. And I 
would like to go on record in support of authorizing funding to 
enable the development of the Pacific Islands Regional Sea 
Grant Program. When you consider that the ocean area to be 
included in the Pacific Island Regional Sea Program is 
equivalent to the total areas of the entire lower 48 states, I 
cannot understand why this Subcommittee would choose not to 
fund their corporation. In regional programs, the Pacific 
Islands would clearly flourish and serve the region and the 
entire national interest. Mr. Underwood's amendment simply 
provides an affirmative statement that it is within the 
national interest to provide the necessary financial and 
technical assistance to allow the people of Pacific Island an 
opportunity to develop the requisite programs, an element 
necessary to meet qualifications for designation as a Sea Grant 
College.
    NOAA has already provided $200,000 in grant funds to the 
Pacific Island Consortium members to assist them in development 
activity. Mr. Underwood's amendment is not authorizing a new 
grant activity by NOAA nor will this grant negatively affect 
other Sea Grant Programs, because the amendment did not 
obligate funds for any other existing Sea Grant Program. I hope 
that we will reconsider Mr. Underwood's amendment when H.R. 
3389 comes before the full Committee.
    Chairman Ehlers. The gentleman's time has expired. Chairman 
Boehlert.
    Chairman Boehlert. Move to strike the last word.
    Chairman Ehlers. You have five minutes.
    Chairman Boehlert. Mr. Chairman, I am glad to yield those 
five minutes to you for you to continue your education of the 
Subcommittee and the audience.
    Chairman Ehlers. I thank the Chairman for yielding. I would 
simply reiterate what I said before. I think the members of 
this Committee also have considerable sympathy for Mr. 
Underwood's particular situation and for the Pacific Islands. 
Obviously, they should be involved in this research effort. The 
difficulty, as I pointed out in my earlier comments, is that 
the amendment earmarks funds for that; something that has never 
been done in the House in the history of this program that I am 
aware of, and something we assiduously try to avoid.
    So my suggestion is that we include this in report language 
and encourage NOAA to give them the special consideration they 
need, not just in Guam, but in the Pacific Islands and their 
research efforts.
    Does anyone else seek time? Yes. The Chair recognizes Mr. 
Barcia.
    Mr. Barcia. I would also move to strike the last word.
    Chairman Ehlers. The gentleman is recognized for five 
minutes.
    Mr. Barcia. I would just briefly say that throughout our 
long association and friendship in the Michigan legislature in 
these past nine years in Congress, I think your fairness, 
subjectivity, and spirit of bipartisanship has never been in 
doubt, and I thank you for your willingness to work toward an 
acceptable compromise as the legislative process on this issue 
proceeds. I, too, am sensitive to the concerns of 
Representative Baca and, also, our friend, Representative 
Underwood, and would just ask that as we have in the past, we 
try to continue to work toward a solution to those concerns. 
And I trust that if you give us your word on that, you 
certainly always have honored that in the past, and I look 
forward to working with you on it.
    Chairman Ehlers. The Chair will continue to seek an 
amicable solution to this particular issue. Is there any 
further discussion? Hearing none, the vote is on this 
amendment, the en bloc amendment. All those in favor will say 
aye. All those opposed, no. The ayes have it and the amendment 
is agreed to. Are there any further amendments? Hearing none, 
we will proceed to the question on the Bill H.R. 3389, as 
amended. All those in favor will say aye. All those opposed 
will say no. In the opinion of the Chair, the ayes have it. I 
now recognize Mr. Barcia for a motion.
    Mr. Barcia. Mr. Chairman, I compliment you on your 
efficiency in managing today's markup and move that the 
Subcommittee favorably report the Bill H.R. 3389 as amended to 
the full Committee with the recommendation that it be in order 
for the bill as amended by the Subcommittee to be considered as 
an original bill for the purpose of amendment under the five 
minute rule at full Committee. Further, I ask unanimous consent 
that the staff be instructed to make all necessary technical 
and conforming changes to the bill as amended in accordance 
with the recommendations of the Subcommittee.
    Chairman Ehlers. The Committee has heard the motion. Those 
in favor will say aye. Those opposed, no. The ayes have it and 
the motion is agreed to. Without objection, the motion to 
reconsider is laid upon the table. That concludes our 
Subcommittee markup and we will now proceed to the subject of 
the hearing.
    [Whereupon, at 9:25 a.m., the Subcommittee proceeded to 
other business.]

             XXI. Proceedings of the Full Committee Markup



  PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 3389, NATIONAL SEA 
              GRANT COLLEGE PROGRAM ACT AMENDMENTS OF 2002

                              ----------                              


                       WEDNESDAY, MARCH 20, 2002

                          House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:40 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Sherwood L. 
Boehlert [Chairman of the Committee] presiding.
    Chairman Boehlert. The Committee on Science will be in 
order. First of all, I would like to advise all members that 
there is a sign-up sheet before each individual place, 
reflecting the views and estimates, and we would like you to 
read the Committee's views and estimates, and hopefully, you 
will be inspired to sign the sheet indicating your approval. 
With that, let us get moving.
    The Committee on Science will be in order. Pursuant to 
notice, the Committee on Science is meeting today to consider 
the following measures. H.R. 2051, A Bill to Provide for the 
Establishment of Regional Plant Genome and Gene Expression 
Research and Development Centers. Thank you, Mr. Smith. H.R. 
3389, the National Sea Grant Program Act Amendments of 2002, 
and H.R. 3929, the Energy Pipeline Research Development and 
Demonstration Act.
    I ask unanimous consent for the authority to recess the 
Committee at any point, and without objection it is so ordered. 
Mr. Hall will be making his way here to present his opening 
remarks. Let me do mine.
    The three bills we have before us this morning deal with 
very different topics and come from three different 
subcommittees, but they do have a few key aspects in common. 
First, all three are bipartisan consensus bills. Once again, 
the Committee's majority and minority staffs have worked in 
tandem to draft the bills that advance proposals from members 
on both sides of the aisle. This Committee continues to set an 
example of working together that others would do well to 
follow. Also, all three bills are designed to promote research 
and development, especially, long-term research and development 
that will help address critical societal problems.
    H.R. 2051 was designed to help strengthen American 
agriculture and alleviate malnutrition in the developing world. 
H.R. 3389 will help protect the nation's coastal areas and 
fisheries and combat invasive species. And H.R. 3929 will help 
prevent pollution and pipeline explosions. These bills are not 
funding research for the sake of research whether they deal 
with abstruse matters of no concern to the rest of Congress or 
to the rest of the country. The research advances that will 
result from these measures will help improve the daily lives of 
people here and around the world. Let me say just a little bit 
more about each of these bills and then they will be described 
more fully by their sponsors as we mark up each one.
    H.R. 2051, offered by Chairman Nick Smith and Ranking 
Minority Member Eddie Bernice Johnson, will create two new 
programs on plant biotechnology at the National Science 
Foundation. The bill offers a balanced approach to biotech 
authorizing research not only to develop new genetic 
engineering techniques and products, but also, to examine the 
ecological and social consequences of bio-engineered plants.
    H.R. 3389, offered by Chairman Vernon Ehlers and Ranking 
Minority Member Jim Barcia, will reauthorize and reform the Sea 
Grant Program, while keeping it within the National 
Oceanographic and Atmospheric Administration. We will have to 
negotiate a final version of the bill with the Resources 
Committee before it can come to the Floor, and we plan to push 
in a strong and unified fashion for our version of this bill. 
However, we will, as Dr. Ehlers has committed, find a way to 
address the concerns Mr. Underwood has raised about the way the 
Sea Grant Program deals with the Pacific Islands.
    Finally, we will take up H.R. 3929, offered by Ranking 
Minority Member Ralph Hall and Lamar Smith, which will ensure 
that all the federal agencies with expertise in pipeline safety 
are engaged in research in that important area. We will work 
with the Energy and Commerce, and Transportation and 
Infrastructure Committees to move our bill as part of a 
comprehensive pipeline safety measure.
    So we have much to accomplish today and we will do it in 
the bipartisan fashion that has become the Committee's 
hallmark. With that, the Chair recognizes Mr. Hall.
    Mr. Hall. Mr. Chairman, as usual, you have covered the 
waterfront pretty well. I just want to say that I support these 
three bills. We will have an amendment for the third bill, but 
on H.R. 2051, I want to congratulate Nick Smith and Ranking 
Democratic Member Eddie Bernice Johnson for their efforts on 
it. And of course, on the Sea Grant Program, your bill, I 
certainly support that and look forward to working with you, 
and you have recognized Chairman Ehlers and Representative 
Barcia. And on my bill, I will have an amendment of 3929 that 
we will discuss when we have a little more time. With that, 
thank you for doing a good job, and I yield back the balance of 
my time.
    Chairman Boehlert. Thank you very much. And let me tell 
you, it is the Chair's intent to move with dispatch. These 
bills have been looked at with the respective committee staffs. 
They are very able and very professional staffs, so we don't 
envision a long markup here. We have a hearing immediately 
after with some very distinguished guests, and I know a number 
of our colleagues have conflicting commitments. So without 
objection, all members' opening statements will be placed in 
the record at this point.

                               H.R. 3389

    10:53 a.m.
    Chairman Boehlert. We will now consider H.R. 3389, the 
National Sea Grant College Program Act Amendments of 2002. I 
now recognize for five minutes the Chair of the Committee on 
Environment, Technology, and Standards, the distinguished 
gentleman from Michigan, Dr. Ehlers, to briefly explain the 
bill.
    Mr. Ehlers. Thank you, Mr. Chairman. I want to thank you 
for bringing this important legislation before the House 
Science Committee. I also want to commend my colleague, Mr. 
Gilchrest, from Maryland, for introducing H.R. 3389 and for his 
efforts on behalf of the Sea Grant Program. All of us benefit 
greatly from his leadership and knowledge on these issues.
    The legislation before us today makes four main changes to 
the legislation passed by the House Resources Committee. First, 
it directs the National Sea Grant Program to coordinate its 
related activities with the National Science Foundation and the 
Coastal Ocean Program to avoid duplication and to ensure that 
the research areas are covered adequately. While we did not 
adopt the Administration's position on transferring this 
program, I believe Sea Grant can benefit by working more 
closely with both the National Science Foundation and the 
Coastal Ocean Program.
    Second, I have concluded that the Coastal Ocean Program and 
Sea Grant have significantly different goals and missions, 
therefore, the legislation as passed by the Subcommittee 
removes provisions in the underlying bill that would have 
consolidated these two programs. However, I agree with concerns 
raised by Mr. Gilchrest and the Resources Committee that the 
two programs should work together more closely, and as stated 
earlier, my amendment directs Sea Grant to coordinate with the 
Coastal Ocean Program.
    Third, we have removed a provision that would provide 
direct financial assistance to a Pacific Islands regional 
construction to help it become a nationally recognized Sea 
Grant College Program. I believe it would be inappropriate to 
provide this consortium special consideration when no other 
program receives such treatment in statute. I also believe it 
would not be fair to other programs that are struggling to 
receive money and would establish a bad precedent to have 
congressional involvement in those choices. However, I am 
committed to working with Mr. Gilchrest, Mr. Underwood, and Mr. 
Barcia to find a proper resolution to this issue and plan to 
include language on this in the Committee report.
    Finally, the legislation passed by the Subcommittee would 
direct any monies appropriated above the Fiscal Year 2002 level 
to be distributed to the State Sea Grant Programs on a merit 
review competitive basis or for individual projects that are 
competed nationally. One issue that was raised at our hearing 
is a seemingly unfair nature of federal funding allocations to 
State Sea Grant Programs. I understand the need for a 
consistent level of funding to ensure that each state program 
can maintain its extension and education activities. However, 
we must find a way to make the system more transparent and 
based on competition.
    Mr. Chairman, thank you again for bringing this bill before 
the Committee. I am a strong supporter of the Sea Grant Program 
and I believe that this legislation will help strengthen that 
program. I look forward to working with you, the Resources 
Committee, and Members of the Committee to bring this 
legislation before the House.
    [The prepared statement of Mr. Ehlers follows:]
           Prepared Statement of Representative Vernon Ehlers
    Mr. Chairman, I want to thank you for bringing this important 
legislation before the House Science Committee.
    I want to commend my colleague, Mr. Gilchrest from Maryland, for 
introducing H.R. 3389, and for his efforts on behalf of the Sea Grant 
program. All of us benefit greatly from his leadership on these issues.
    The legislation before us today makes four main changes to the 
legislation passed by the House Resources Committee:

         First, it directs the National Sea Grant Program to 
        coordinate its related activities with the National Science 
        Foundation and the Coastal Ocean Program to avoid duplication 
        and to ensure that the research areas are covered adequately. 
        While we did not adopt the Administration's position on 
        transferring this program, I believe Sea Grant can benefit by 
        working more closely with both the National Science Foundation 
        and the Coastal Ocean Program.

         Second, I have concluded that the Coastal Ocean 
        Program and Sea Grant have significantly different goals and 
        missions. Therefore, the legislation as passed by the 
        Subcommittee removes provisions in the underlying bill that 
        would have consolidated these two programs. However, I agree 
        with concerns raised by Mr. Gilchrest that the two programs 
        should work together more closely, and as stated earlier, my 
        amendment directs Sea Grant to coordinate with the Coastal 
        Ocean Program.

         Third, we have removed a provision that would provide 
        direct financial assistance to a Pacific Islands Regional 
        Consortium to help it become a nationally recognized Sea Grant 
        College Program. I believe it would be inappropriate to provide 
        this consortium special consideration when no other program 
        receives such treatment in statute. I also believe it would not 
        be fair to other programs that are struggling to receive money. 
        But, I am committed to working with Mr. Gilchrest, Mr. 
        Underwood and Mr. Barcia to find a proper resolution to this 
        issue, and plan to include language on this in the committee 
        report.

         Finally, the legislation passed by the Subcommittee 
        would direct any monies appropriated above the Fiscal Year 2002 
        level to be distributed to the state Sea Grant programs on a 
        merit-review, competitive basis or for individual projects that 
        are competed nationally. One issue that was raised at our 
        hearing is the seemingly unfair nature of federal funding 
        allocations to state Sea Grant programs. I understand the need 
        for a consistent level of funding to ensure each state program 
        can maintain its extension and education activities. However, 
        we must find a way to make the system more transparent and 
        based on competition.

    Mr. Chairman, thank you again for bringing this bill before the 
Committee. I am a strong supporter of Sea Grant, and I believe that 
this legislation will help strengthen the program. I look forward to 
working with you, the Resources Committee, and Members of the Committee 
to bring this legislation before the House.

    Chairman Boehlert. Thank you very much, Dr. Ehlers, and 
thank you for your good work, and we are very supportive of the 
Sea Grant Program, and we are fortunate to have Mr. Gilchrest, 
the original sponsor, a member of this Committee as well as 
Resources Committee. So I look forward to working with you, and 
him, and Mr. Hall, and all concerned to fashion a responsible 
bill that we move to the Floor with dispatch.
    Speaking about dispatch, Mr. Hall, you are now recognized.
    Mr. Hall. Mr. Chairman, thank you, and I will act with 
dispatch. I will ask unanimous consideration to put my full 
statement in. Just briefly, I want to say, though, that I thank 
Chairman Ehlers and Representative Barcia. I know the Sea Grant 
Program is as valued in other states as it is Texas, and I wish 
you well and pledge you my full cooperation when we try to work 
together to reconcile the differences in the emergence of H.R. 
3389 with our colleagues on the Committee on Resources so the 
Sea Grant reauthorization bill can be considered in the near 
future. I yield back my time.
    [The prepared statement by Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Thank you, Chairman Boehlert, for bringing the Sea Grant 
Reauthorization before the Committee this morning and working with us 
on this bill. I would also like to thank Chairman Ehlers and Rep. 
Barcia for their work in the Subcommittee on H.R. 3389. The Sea Grant 
Program is an example of the fine work that can be accomplished through 
federal and state partnerships in research, education, and extension. I 
know the Sea Grant Program is as valued in other states as it is in 
Texas. The information developed and distributed to our constituents is 
essential for those who rely on our coastal areas for their livelihoods 
and for recreation. I am very pleased that our Committee has moved 
quickly to reauthorize the Sea Grant Program in NOAA.
    I hope that we can work together quickly to reconcile the different 
versions of H.R. 3389 with our colleagues on the Committee on Resources 
so that the Sea Grant Reauthorization bill can be considered in the 
House in the near future. Again, I thank you, Mr. Chairman and the 
Members of the Committee for their cooperation in moving this 
legislation forward.

    Chairman Boehlert. Thank you very much. I ask unanimous 
consent that the bill as amended by the Subcommittee on 
Environment, Technology, and Standards on March 14, 2002 be 
considered as original text for the purpose of amendment and 
that the bill be considered as read and open to amendment at 
any point. I ask the members to proceed with the amendments in 
the order of the roster. Without objection, so ordered.
    [H.R. 3389 follows:]
    
    
    Chairman Boehlert. The bill is now open for amendments. Are 
there any amendments? Mr. Ehlers--Dr. Ehlers.
    Mr. Ehlers. Mr. Chairman, I have an amendment at the desk 
and I ask unanimous consent that the amendment be considered en 
bloc.
    Chairman Boehlert. The Clerk will report the amendment.
    The Clerk. En bloc amendment to H.R. 3389, offered by Mr. 
Ehlers.
    Chairman Boehlert. I ask unanimous consent that the 
amendment be considered as read. Without objection, so ordered. 
The gentleman is recognized for five minutes.
    Mr. Ehlers. Mr. Chairman, I will be very brief in 
explanation of this amendment since it is a simple one and I 
have already discussed the main text of the bill. First, this 
amendment will ensure that both quality of research and quality 
of extension and education programs are taken into account when 
determining which schools will receive the new merit based 
funding established by this legislation.
    Second, this amendment improves language that I have worked 
out with Congresswoman Jackson Lee, which makes certain that 
the Sea Grant Program will work with minority and disadvantaged 
students to ensure they have equal access to this program. Both 
of these changes have been worked out on a bipartisan basis and 
I urge the Committee to adopt this amendment.
    Chairman Boehlert. Is there any further discussion? Yes, 
Mr. Barcia.
    Mr. Barcia. Yes. I move to strike the last word for the 
purpose of engaging in a colloquy with the Chairman.
    Chairman Boehlert. The gentleman is recognized for five 
minutes.
    Mr. Barcia. I would like to restate our desire on the 
minority side to develop language to address the concerns of 
our colleague, Representative Underwood. I hope the Chairman 
will agree to work with us to include language in our 
legislative report on H.R. 3389. We would also like to continue 
to work with you as we reconcile our version of the bill with 
the version reported by our colleagues on the Resources 
Committee to ensure that the concerns of the U.S. Pacific 
Island territories and freely associated states are addressed. 
The Islands should be encouraged to develop their own capacity 
to address the ocean and coastal resource management issues in 
their region.
    Chairman Boehlert. The gentleman, and Mr. Underwood, and 
all concerned have the assurance of the Chair that we will work 
cooperatively with professional staff and member to member to 
resolve this in an amicable way that will move the program 
forward.
    Mr. Barcia. I thank the Chairman and Subcommittee Chairman 
Ehlers for their consideration and cooperation.
    Chairman Boehlert. Is there discussion? If no, the vote 
occurs on the amendment. All in favor say aye. Those opposed 
say no. The ayes have it and the amendment is agreed to.
    [Amendment to H.R. 3389 follows:]
    
    
    Chairman Boehlert. Are there any further amendments? 
Hearing none, the question is on the bill H.R. 3389, the 
National Sea Grant College Program Act Amendments of 2002. All 
those in favor say aye. All those opposed, no. In the opinion 
of the Chair, the ayes have it.
    I will now recognize Mr. Barcia for a motion.
    Mr. Barcia. Thank you, Mr. Chairman. I move that the 
Committee favorably report H.R. 3389 as amended to the House 
with the recommendation that the bill as amended do pass. 
Furthermore, I move that staff be instructed to prepare the 
legislative report and make necessary technical and conforming 
changes, and that the Chairman take all necessary steps to 
bring the bill before the House for consideration.
    Chairman Boehlert. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye. Opposed, no. The ayes appear to have it and the 
bill is favorably reported. Without objection, the motion to 
reconsider is laid upon the table. I move that members have two 
subsequent calendar days in which to submit supplemental 
minority or additional views on the measure. Without objection, 
so ordered. I move pursuant to Clause 1 of Rule 22 of the House 
of Representatives that the Committee authorize the Chairman to 
offer such motions as may be necessary in the House to go to 
conference with the Senate on the bill H.R. 3389 or a similar 
bill. Without objection, so ordered.

                                  
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