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The original documents are located in Box 61, folder "1976/10/08 HR13035 Sea Grant
Programs Improvement Act of 1976" of the White House Records Office: Legislation Case
Files at the Gerald R. Ford Presidential Library.
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photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
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domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 61 of the White House Records Office Legislation Case Files at R. Ford Presidential Library
APPROVED
sies okla
THE WHITE HOUSÉ
ACTION
WASHINGTON
Last Day: October 9
October 6, 1976
MEMORANDUM FOR
THE PRESIDENT
Postect
FROM:
JIM CANNON
10/9/76
SUBJECT:
H.R. 13035 - Sea Grant Program
Improvement Act of 1976
anchives
Attached for your consideration is H.R. 13035, sponsored
by Representative Rogers and 17 others.
10/12/76
The enrolled bill would authorize appropriations of $50
million in 1977 for the National Sea Grant Program in
the Department of Commerce and would make a number of
amendments to the National Sea Grant College and Program
Act of 1966.
A discussion of the amendments to the Act is provided
in OMB's enrolled bill report at Tab A.
Max Friedersdorf strongly recommends approval and indicates
that Senator Ted Stevens has called personally to recommend
approval. OMB, NSC, Counsel's Office (Kilberg) and I also
recommend approval of the enrolled bill and the proposed
signing statement which has been cleared by the White House
Editorial Office (Smith).
RECOMMENDATION
That you sign H.R. 13035 at Tab B.
That you approve the signing statement at Tab C.
Approve WRT
Disapprove
a.
GERALD
FORM
LIBRARA
OF THE
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
SECUTIVE
HAME
STATE
WASHINGTON, D.C. 20503
OCT 6 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 13035 - Sea Grant Program Improvement
Act of 1976
Sponsor - Rep. Rogers (D) Florida and 17 others
Last Day for Action
October 9, 1976 - Saturday
Purpose
Extends and expands the National Sea Grant Program in the
Department of Commerce.
Agency Recommendations
Office of Management and Budget
Approval (Signing statement
attached)
Department of Commerce
Approval (Signing statement
attached)
Office of Science and Technology
Policy
Approval
Department of State
Approval
Department of Agriculture
Approval
Civil Service Commission
Approval
Environmental Protection Agency
Approval
National Science Foundation
No objection
Department of Defense
No objection
Department of Transportation
No objection
Department of Interior
Defers
Council on Environmental Quality
Defers
Marine Mammal Commission
Defers (Informally)
Department of Health, Education,
and Welfare
No comment (Informally)
2
Discussion
Under the National Sea Grant College and Program Act of
1966 (P.L. 89-688), the National Oceanic and Atmospheric
Administration (NOAA) of the Department of Commerce,
through the use of matching grants, supports marine resource
programs at a network of sea grant colleges. The Sea Grant
Program consists of marine related research, education,
training, and advisory service activities in the coastal
and Great Lakes States.
H.R. 13035 would amend that Act to:
-- Authorize appropriations of $50 million in
1977 for the basic Sea Grant Program.
-- Authorize the Secretary of Commerce to designate
sea grant regional consortia, groups of colleges
and/or other institutions which would support
research, education, training and advisory activities
related to ocean and coastal resources.
-- Require the Secretary to support a sea grant
fellowship program with up to five percent of
the funds appropriated for the total Sea Grant
Program.
- Create, with a $5 million authorized funding
level in 1977, a new categorical national projects
program, with matching grants, to address specific
national ocean-related needs and problems identified
by the Secretary.
-- Establish in 1977 a new $3 million categorical
grant program for international cooperative
assistance in order to enhance the research and
development capacity of developing foreign nations
and to promote the international exchange of marine
resource-related information.
-- Establish an independent sea grant review panel
in place of the existing administratively
established sea grant advisory committee and
specify the panel's membership and areas of
responsibility.
3
H.R. 13035, which is more limited in its proposed expansion
of the Sea Grant Program than the companion Senate bill
(S. 3165), was passed in lieu of the Administration's bill
which recommended a simple three-year extension of the
existing Act.
H.R. 13035 passed the House by 326 to 34 on May 3, 1976;
it passed the Senate, amended, by voice vote, on June 14, 1976.
The conference report on the enrolled bill passed the House
and Senate by voice vote. Both Senator Magnuson and Senator
Hollings are strong supporters of an expanded Sea Grant
Program.
The following table displays the funding levels involved:
1976
1977
Budget
H.R. 13035
Program
Auth.
Request
Appropriated
Auth.
($ in millions)
Sea Grant
40
23
28
50
National
Projects
--
--
--
5
International
Cooperation
Assistance
--
-
--
3
Total
40
23
28
58
Although the appropriation authorization expired on
September 30, 1976, the Congress appropriated $28 million
for the Sea Grant Program in 1977. The use of that appro-
priation was not made contingent on the enactment of
authorizing legislation.
Agency Views
In recommending approval of H.R. 13035, the Department of
Commerce emphasizes that "the Department has made many
compromises with the Congress that have resulted in objection-
able features being removed from earlier versions of this
bill." Commerce also states that H.R. 13035 "would
4
strengthen the National Sea Grant Program by improving its
efforts to meet local and regional needs while also addressing
national needs through a program of applied research, marine
education and training, and marine advisory services in fields
related to ocean and coastal resources."
We are informally advised that the Department strongly believes
that the program provides a valuable means for bringing the
resources of colleges and universities to bear on the nation's
efforts to make more productive use of our ocean resources.
The Department of State also recommends approval of the bill
and concurs with Commerce on the benefits of the proposed
program of international cooperation assistance.
While recommending approval of the bill, the Civil Service
Commission objects to provisions which provide for the
establishment of the position of Director of the Sea Grant
Program and five other supergrade positions "outside the
Government-wide quota and without regard to competitive
appointment provisions
"
Comment
As Commerce points out above, H.R. 13035 is a compromise mea-
sure and many objectionable features have been removed.
Earlier versions of the bill had (1) a proposed new Office of
Marine Resources, Science, and Technology within NOAA with an
annual authorization of $15 million; (2) a proposed national
ocean and coastal advisory service with an annual authorization
of $15 million; and (3) an authorization level of $10 million
rather than $3 million for the new national projects program.
Unfortunately, the enrolled bill still contains a number of
questionable provisions.
-- The additional funds authorized in the bill (the
authorization level is double the existing appro-
priation) are unnecessary since the Department of
Commerce estimates that about $145 million will be
spent by Federal agencies in 1977 for ocean related
research and development activities.
5
Under current law the program is limited to providing
institutional support in marine research which is
primarily targeted to State and regional problems. The
new national projects program established by this bill
could allow the Department to become involved in
broader, national issues such as ocean mining.
National issues of this nature have, in the past, been
the responsibility of agencies (such as Interior,
Agriculture, etc.) which have been given specific
missions by the President and the Congress.
Some universities and other institutions have been
receiving sea grant support for about ten years.
The need for expansion of the program has not been
demonstrated. Unless constrained now, the Sea Grant
Program has the potential to become a large cooperative
research and extension service analogous to the
Department of Agriculture's service. This danger is
particularly acute in the case of NOAA, which has had
a history of rapid, bureaucratic growth.
NOAA should not be given the authority to conduct a
foreign aid program for developing nations. Authorities
to provide assistance to other nations in the form of
research, training and information activities now exist
in the appropriate agencies, where they can be assessed
against competing priorities and foreign policy objectives.
The establishment of a new fellowship program runs
counter to Administration efforts to phase out categori-
cal student support.
There are other countervailing considerations.
The added authorizations in the bill are only for one
year and the Administration may be able to overcome
any attempts to appropriate additional funds since
there is already a 1977 appropriation for the existing
program.
-- The Congress believes that the new activities are
necessary to (1) address marine-related issues of
national importance and (2) help to reduce other
nations' suspicion about the nature of marine research
conducted by the United States and other developed
nations.
6
-- A veto of this bill could be construed as represent-
ing a lack of commitment on the part of the Administra-
tion to addressing ocean-related issues at a time when
considerable attention is focused on this area because
of its perceived potential as a source of important
resources.
-- With respect to national issues in the marine area,
the Sea Grant Program may be able to assume a very
worthwhile mission dealing with certain issues that the
other mission agencies are less equipped to deal with
(e.g., the environmental effects of deep sea mining).
-- Although the Administration clearly communicated its
concern with, and opposition to, earlier versions of
the bill, we did not provide Congress with a position
following the conference where the more objectionable
provisions were dropped.
Recommendation
The bill presents a close issue but the circumstances lead
us, on balance, to recommend approval.
A signing statement is attached for your consideration.
Jan T. They Lynn
Director
Enclosures
STATEMENT BY THE PRESIDENT
I am today signing H.R. 13035, the Sea Grant Program
Improvement Act of 1976.
In its 10-year history, the National Sea Grant Program
has played an appropriate role in developing and coordinating
the resources of universities, laboratories and other institutions
in furthering the understanding, assessment, development,
utilization and conservation of our Nation's ocean and coastal
resources. H.R. 13035 would extend the National Sea Grant
Program and ensure that this worthwhile work continues.
Some provisions in H.R. 13035 are unnecessary. The
proposed "National Projects" and "International Cooperation
Assistance" programs are new categorical programs authorizing
activities that could more appropriately be carried out by
other agencies that have the responsibility to address national
marine related needs and problems.
Provisions in the bill which provide for the establishment
of the position of Director of the Sea Grant Program and
five other supergrade positions outside the Government-wide
quota and without regard to the competitive appointment pro-
visions of the Civil Service system are also unwise.
The Sea Grant Program provides a valuable means for
bringing the resources of colleges and universities to bear
on the Nation's efforts to make more productive use of our
ocean resources. I believe that this bill will allow us to
strengthen those efforts.
I am therefore signing this bill into law.
By Couries - 10/6/76
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: October 9
October 6, 1976
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
H.R. 13035 - Sea Grant Program
Improvement Act of 1976
Attached for your consideration is H.R. 13035, sponsored
by Representative Rogers and 17 others.
The enrolled bill would authorize appropriations of $50
million in 1977 for the National Sea Grant Program in
the Department of Commerce and would make a number of
amendments to the National Sea Grant College and Program
Act of 1966.
A discussion of the amendments to the Act is provided
in OMB's enrolled bill report at Tab A.
Max Friedersdorf strongly recommends approval and indicates
that Senator Ted Stevens has called personally to recommend
approval. OMB, NSC, Counsel's Office (Kilberg) and I also
recommend approval of the enrolled bill and the proposed
signing statement which has been cleared by the White House
Editorial Office (Smith).
RECOMMENDATION
That you sign H.R. 13035 at Tab B.
That you approve the signing statement at Tab C.
Approve
Disapprove
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 6
Time: 1115am
FOR ACTION:
BeutgBeNumphreys on
CC (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg
Ed Schmults
NSC/S on
Glenn Schleede on
Robert Hartmann
FROM THE STAFF SECRETARY
October 6
DUE: Date:
Time: 100pm
SUBJECT:
H.R. 13035-Sea Grant Program Improvement Act of 1976
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to judy jbhaston, ground floor west wing
This package must go with the courier today.
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
DECUTIVE UNITED OFFICE 8
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OCT 6 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 13035 - Sea Grant Program Improvement
Act of 1976
Sponsor - Rep. Rogers (D) Florida and 17 others
Last Day for Action
October 9, 1976 - Saturday
Purpose
Extends and expands the National Sea Grant Program in the
Department of Commerce.
Agency Recommendations
Office of Management and Budget
Approval (Signing statement
attached)
Department of Commerce
Approval (Signing statement
attached)
Office of Science and Technology
Policy
Approval
Department of State
Approval
Department of Agriculture
Approval
Civil Service Commission
Approval
Environmental Protection Agency
Approval
National Science Foundation
No objection
Department of Defense
No objection
Department of Transportation
No objection
Department of Interior
Defers
Council on Environmental Quality
Defers
Marine Mammal Commission
Defers (Informally)
Department of Health, Education,
and Welfare
No comment (Informally)
DEPARTMENT OF COMMERCE
GENERAL COUNSEL OF THE
DEPARTMENT OF COMMERCE
UNITED STATES OF AMERICA
Washington, D.C. 20230
SEP 28 1976
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D.C. 20503
Attention: Assistant Director for Legislative Reference
Dear Mr. Lynn:
This is in response to your request for the views of this
Department concerning H.R. 13035, an Enrolled Enactment cited
as the "Sea Grant Program Improvement Act of 1976".
The bill contains two major parts. One portion of the bill
would supersede the current Title II of the Marine Resources and
Engineering Development Act of 1966, also known as the National
Sea Grant College and Program Act of 1966, by adding a new Title
II. The second major portion of the bill would provide for a
program of international cooperation assistance to be administered
by the Secretary of Commerce.
The new Title II, to be known as the "National Sea Grant
Program Act", is designed to extend and strengthen the National
Sea Grant Program, first established in 1966, to promote responsive
research, education, training, and advisory service activities in
fields related to ocean and coastal resources.
Section 204 of Title II would require the Secretary of Commerce
to maintain a program of financial assistance and other activities
known as the National Sea Grant Program, within the National Oceanic
and Atmospheric Administration (NOAA). The Secretary would be
responsible for establishing long-range planning guidelines, and
priorities and, along with a Director appointed by the Secretary,
exercising the specifically enumerated powers found in Section 204.
Section 205(a) of Title II retains current Secretarial authority
to make grants and to enter into contracts to support Sea Grant
programs and projects. It would additionally require the Secretary
to find that such programs and projects will be consistent with the
objective detailed in Section 202(b) and will be responsive to the
needs and problems of individual states and regions. Subsection (a)
also retains the current funding formula which sets 66 2/3% as the
maximum allowable Federal share for most Sea Grant programs and
projects.
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
-2-
Under Section 205(b), the authority of the Secretary to make
up to 100% special grants to implement the objective set forth in
Section 202(b) is clarified and continued. In order to make such
grants or enter into such contracts the Secretary would be required
to find that: no reasonable means is available through which the
applicant can meet the matching requirement for a grant under
Section 205(a); the probable benefit of such project outweighs the
public interest of such a matching requirement; and the same or
equivalent benefit cannot be obtained through the award of a contract
or grant under Section 205 (a) or under Section 206. As in the present
Sea Grant Act, the total amount provided for grants under this
special grants program may not exceed 1% of the total funds
appropriated for Title II in any fiscal year.
With respect to Section 205(d), grants and contracts would be
allowed to cover the cost of rental of any research vessel which is
used in direct support of activities under any Sea Grant program or
project. Section (d) would also continue the funding restriction,
contained in the current Sea Grant Act to limit the amount obligated
to persons within any one state for payment of grants or contracts
under this section to 15% of the total funds appropriated for Title
II for any fiscal year.
Section 206 would allow the Secretary to make up to 100% grants
and contracts for projects dealing with national needs and problems
related to ocean and coastal resources specifically identified by
the Secretary. For the purposes of Section 206, $5 million are
authorized to be appropriated for fiscal year 1977. However, the
amount obligated to be expended under this section shall not exceed
an amount equal to 10% of the sum appropriated for any fiscal year
under Title II.
Section 207 establishes a mechanism whereby the Secretary may
designate Sea Grant Colleges and Regional Consortia and allows the
Secretary to suspend such designation when appropriate.
The Secretary would be directed under Section 208 to support a
Sea Grant fellowship program to provide educational and training
assistance to qualified individuals at the undergraduate and graduate
levels of education in fields related to ocean and coastal resources.
The total amount for grants under this section during any fiscal
year shall not exceed an amount equal to 5% of the total funds
appropriated for Title II.
A new fifteen member Sea Grant review panel would be established
in Section 209 to supersede the current Sea Grant Advisory Panel
sixty days after enactment of this legislation. Section 209 prescribes
the membership qualifications and terms for members and empowers the
panel to review the various aspects of the Sea Grant Program, and to
advise the Director on such reviews and resulting recommendations.
- 3 -
Section 211 requires the Secretary to submit a report to
Congress and the President not later than February 15th of each
year describing the activities of and prospects for the National
Sea Grant Program. The Director of the Office of Management and
Budget and the Office of Science and Technology Policy shall have
the opportunity to review each report and may submit for inclusion
in such report comments, recommendations and independent evaluations
of the National Sea Grant Program.
Section 212 provides for an appropriations authorization for
fiscal year 1977 of $50 million for the purposes of carrying out
the provisions of this Title with the exception of Section 206.
The second major portion of the bill, Section 3, would provide
for a program of international cooperation assistance to be
administered by the Secretary of Commerce. Under this section the
Secretary would be authorized to make grants to or enter into
contracts with any Sea Grant College or Sea Grant Regional Consortium
or any institution of higher education, laboratory, or institute
(if such institution, laboratory or institute is located within the
United States possession) for the purpose of (1) enhancing the
research and development capability of any foreign nation with
respect to ocean resources and (2) encouraging the international
exchange of information and data with respect to the assessment,
development, utilization, and conservation of such ocean and coastal
resources. The Secretary of Commerce is to consult with the appro-
priate officials of the Department of State in carrying out this
program. For the purposes of this section, $3 million would be
authorized to be appropriated for fiscal year 1977.
The Department of Commerce urges approval by the President of
this legislation.
The National Sea Grant Program, during the past decade, has
proven effective in coordinating the interdisciplinary resources of
our institutions, universities and laboratories in providing the
necessary bridge between oceanic and coastal research and program
application. The continuation of this vital Federal ocean and
coastal research program is necessary to maintain coordinated
national research efforts and national research expertise, and to
insure continued United States leadership in the field of ocean and
coastal research.
The proposed legislation would strengthen the National Sea
Grant Program by improving its efforts to meet local and regional
needs while also addressing national needs through a program of
applied research, marine education and training, and marine advisory
services in fields related to ocean and coastal resources. Finally,
- 4 -
that portion of the proposed legislation which would provide for a
program of international cooperation assistance would help this
Nation in meeting requests from other countries for the inter-
national exchange of information and transfer of technology.
We would stress that the Department has made many compromises
with the Congress that have resulted in objectionable features
being removed from earlier versions of this bill.
At this time, it is not possible to determine if approval
of this bill would entail expenditure of funds greater than the
amount of $27.2 million presently appropriated for fiscal year
1977.
Sincerely,
General Counsel
OF COMMERCE
GENERAL COUNSEL OF THE
UNITED STATES DEPARTMENT OF COMMERCE
UNITED STATES OF AMERICA
Washington, D.C. 20230
SEP 29 1976
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Attention: Assistant Director for Legislative Reference
Dear Mr. Lynn:
On Tuesday, September 28, 1976 we sent to you a
letter urging that the President approve H. R. 13035,
an Enrolled Enactment cited as the "Sea Grant Program
Improvement Act of 1976". We feel that the existing sea
grant program has been effective with many public benefits
being derived from the work of the sea grant colleges and
universities. Achievements have been realized in numerous
areas related to the marine environment and the oceans
covering such varied issues as the law of the sea, marine
economics, fisheries, coastal zone planning, marine
environmental pollution, and education. Accordingly,
we urge that the President approve the bill.
Enclosed herewith is a draft statement that the
President may wish to consider using when signing this
legislation.
Sincerely,
2.5.0mith General Counsel
Enclosure
AMERICAN REVOLUTION
1776-1976
O
DRAFT
STATEMENT BY THE PRESIDENT ON
H.R. 13035, THE SEA GRANT REAUTHORIZATION BILL
I am pleased to sign into law today H.R. 13035, the
Sea Grant Program Improvement Act of 1976. This legisla-
tion will continue the valuable contribution which the
National Sea Grant Program has made in its ten year
history to the understanding, assessment, development,
utilization, and conservation of the Nation's ocean and
coastal resources, by providing assistance to promote a
strong educational base, responsive research and training
activities, and broad and prompt dissemination of knowledge
and techniques.
The bill recognizes that the National Sea Grant
Program, soon to celebrate its 10th anniversary, is the
most cost-effective way to promote the necessary involve-
ment of the Federal Government in continuing partnership
with State and local governments, private industry,
universities, organizations and individuals in activities
related to ocean and coastal resources. This bill
continues the authority of the Secretary of Commerce to
2
make grants and contracts on a matching funds basis, to
address local and regional needs and reauthorizes the
Program at a $50 million level for Fiscal Year 1977,
which is identical to the amount authorized for Fiscal
Year 1976.
Covered under this authorization level is the
provision in the bill providing for the award of fellow-
ships by the National Sea Grant Program. The fellowship
program provided for in the bill is designed to provide
for both undergraduate and graduate training in order to
develop the kind of technical expertise and skilled
manpower necessary to better manage the Nation's ocean
and coastal resources in the years ahead. The amount
provided for this fellowship program is limited to 5% of
the funds appropriated annually under the authorization
for the basic National Sea Grant Program.
Certain ocean and coastal resource needs and problems
affect the entire Nation, in contrast to those having
just a local or regional focus. The Secretary of Commerce
may designate certain projects as such national projects
and he may make up to 100% Federal grants or contracts
3
through the National Sea Grant Program for applied marine
research, marine education and training, and marine
advisory service. A separate $5 million authorization
for Fiscal Year 1977 is established for the purpose of
addressing these national problems and needs through the
National Sea Grant Program. However, the bill provides
that the amount obligated to be expended for this national
projects program shall not exceed an amount equal to 10%
of the sum appropriated for any fiscal year for the basic
National Sea Grant Program. This one year authorization
period is intended as a "trial" period. Both the Congress
and the Executive intend to review this national projects
program during the next year in order to determine the
need for future efforts in this direction.
This legislation also provides for a program of
international marine cooperation assistance to be
administered by the Secretary of Commerce, through the
Administrator of the National Oceanic and Atmospheric
Administration, and provides for consultation with the
Secretary of State in carrying out the program. This
initiative will assist the Developing nations in increasing
their understanding of the role that marine science can
4
play in ocean resource consideration and development. It
will allow the Secretary of Commerce, after consultation
with the Secretary of State, to make grants or enter into
contracts with U.S. institutions of higher learning for
the purpose of (1) enhancing the research and development
capability of any foreign nation with respect to ocean
resources and (2) encouraging the international exchange
of information and data with respect to the assessment,
development, utilization and conservation of such ocean
and coastal resources. A one year, $3 million authoriza-
tion for Fiscal Year 1977, is provided in the bill for
this program. This one year authorization is also viewed as
a "trial" period. Both the Executive and Congress intend
to review the operation of this program during the next
year in order to determine future needs and
objectives.
The National Sea Grant Program, during the past
decade, has proven effective in coordinating the inter-
disciplinary resources of our institutions, universities
and laboratories in providing the necessary bridge
between oceanic and coastal research and program applica-
tion. The continuation of this vital Federal ocean and
5
coastal research program is necessary to maintain coordinated
national research efforts and national research expertise,
and to insure continued United States leadership in the
field of ocean and coastal research.
The proposed legislation would strengthen the
National Sea Grant Program by improving its efforts to
meet local and regional needs, while also enabling it to
address national needs, through a program of applied
research, marine education and training, and marine
advisory services in fields related to ocean and coastal
resources. Additionally, a portion of the proposed
legislation would provide for a program of international
marine cooperation assistance which would help this
Nation meet the needs and legitimate demands of developing
foreign countries and thereby aid in preventing or
lessening restrictions placed on marine research conducted
in or near the territorial limits of those countries by
U.S. citizens.
The Secretary of Commerce is expected to act
expeditiously to carry out the provisions of this new
legislation. It is appropriate that these new directions
established for the National Sea Grant Program be enacted
as the program approaches its tenth anniversary.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
WASHINGTON, D.C. 20500
October 4, 1976
MEMORANDUM FOR: James M. Frey
Assistant Director, Legislative Reference
Office of Management and Budget
SUBJECT:
Comments on Enrolled Bill, H. R. 13035 -
"Sea Grant Improvement of 1976"
This memorandum confirms my position which was reported to Mr. Martin
by Mr. Smith on Saturday morning, October 2, 1976. I recommended a
Presidential signature on this bill.
Since the bill is an authorization bill, not an appropriation bill,
and since there is a means of controlling the extent to which the
Sea Grant College Program extends itself into the new program areas
of the Bill by way of the budgetary review process, I feel that, on
balance, the President should sign the bill. A veto would likely
stir up misunderstanding and emnity far in excess of the benefits
obtained by veto.
The Sea Grant College Program, now approximately 10 years old, is
one of a number of marine programs that should be reviewed by the
Administration in order to ensure that there is an adequate strategy
for the coastal zone research that may be desirable to support the
nation's broader coastal zone policies. In my estimation, this is
a review that should proceed systematically through a cooperative
analysis mounted by Executive Office of the President units. How-
ever, while I feel this review is entirely desirable, I do not
believe that it serves as a basis for recommending a veto.
Thingh Sut
for
H. Guyford Stever
Director
DEPARTMENT OF STATE
Washington, D.C. 20520
will
SEP 29 1976
Dear Mr. Lynn:
This is in response to Mr. James M. Frey's
communication of September 24 requesting the Depart-
ment's views on an enrolled bill (H.R. 13035) to
improve the national sea grant program. The bill
would extend the program for one year, during which
period a Congressional review of the program will
be continued, while at the same time adopting a
number of changes to the 1966 Act which are intended
to improve and strengthen the program. Since most
of these changes are essentially domestic in nature,
the Department will defer to the views of the Depart-
ment of Commerce on them.
The Department perceives the sea grant program
to be a valuable component of our overall national
program for dealing with marine science and technology
and marine resources. Although entirely domestically
oriented, sea grant contributes materially to the
foremost position held by the United States interna-
tionally in these fields. Accordingly, this Depart-
ment has been a strong supporter of the sea grant
program.
Section 3 of the bill would add an international
component to the sea grant program. Under the new
international sea grant program, up to $3,000,000
would be authorized to enhance the research and develop-
ment capabilities of developing foreign nations and
promote the international exchange of information
and data with respect to ocean and coastal resources.
To accomplish this goal, grants or contracts would be
Honorable James T. Lynn,
Director,
Office of Management and Budget.
-2-
made with American colleges and eligible institutions.
The Secretary of State would be consulted concerning
regulations governing the international sea grant
program. The Secretary of State would also be consulted
before any individual grant or contract is made.
Given the vast area of the earth covered by the
oceans, the large number of nations with sea coasts,
the need for international cooperation in a great many
ocean activities which are too vast for any one nation
to undertake alone, the interest of American marine
scientists in conducting their research in many areas
off foreign coasts, and the interest of many American
fishermen and industries in the marine resources found
off the coasts of other nations, the Department believes
that such an international sea grant program would con-
tribute materially to the interests of the United States
in a cost-effective way. The international cooperation
and goodwill engendered by such a program, as well as
the increased knowledge made available to the world and
the enhanced ability of the world's nations to deal
effectively with ocean problems of common concern
should pay handsome dividends to the United States and
to mankind.
Accordingly, the Department urges that the bill be
signed into law.
Sincerely,
Kempton Janan B. Jenkins
Acting Assistant Secretary
for Congressional Relations
Sepers 10/8/76
add to the B Bee 7le.
HP 15035
NATIONAL ADVISORY COMMITTEE
ON
OCEANS AND ATMOSPHERE
Washington, D.C. 20230
October 8, 1976
President Gerald Ford
The White House
3400 Pennsylvania Avenue
Washington, DC 20004
Dear President Ford:
This letter relates to H.R.-13035, The Sea Grant Program
RH
Improvement Act of 1976, which is now before you for
consideration. The Act, as it now stands, has been through
a careful and gruelling legislative review and incorporates
the best features of the House and Senate versions. On
behalf of the National Advisory Committee on Oceans and
Atmosphere (NACOA), I wish to urge you to decide favorably
on this Bill and sign it into law.
NACOA has just concluded a careful and critical year-
long study of the Sea Grant Program and has found it to be
a worthwhile and important component of our Nation's overall
marine program. We have determined that it is unique in
bringing the multidisciplinary. capabilities of the Nation's
research institutions--university and college--public,
private, and industrial, to focus on solution of practical
problems of the marine environment and of marine resources
in a ccordinated fashion. Though our complete Sea Grant
report is not printed as yet, NACOA provided a summary of
our findings on Sea Grant in NACOA's Fifth Annual Report to
the President and the Congress, a copy of which has been
forwarded to you. Our recommendations were also incorporated
in the annual report.
To summarize these findings and recommendations, NACOA
found needs for some improvements in the Sea Grant Program,
but we found it to be a very good and effective program
on the whole--one which supplies a national need relating
to sound development and full use of the Nation's marine
resources, with reasonable attention to the necessities of
conservation. We found it to have been successful in the
past and well worth continuing.
The Bill which is before you, incorporates the changes
we have recommended. The Sea Grant Program is important to
President Gerald Ford
Page 2
October 8, 1976
the future of the ocean's and oceanic resources and environments.
It is also important to the welfare of the Great Lakes and all
of the Nation's estuarine and coastal waters. Almost all of
the most populous and heavily pressured coastal States,
including California, New York, Massachusetts, Virginia,
Florida, and Michigan are heavily involved with Sea Grant
and are dependent upon its productivity. The Sea Grant Program
is one requiring matching funds from local and state entities.
That it is almost always "oversubscribed" with matching effort
is an indication of its local and regional as well as national
importance. Socially, economically, scientifically, and
politically, it is an important program.
On behalf of NACOA and the Nation, I herewith urge your
favorable consideration of The Sea Grant Program Improvement
Act of 1976, H.R.-13035. It is a relatively inexpensive,
but very productive and valuable, program which affects many
economic entities, state and local agencies, and a large
number of people. If it is not signed by tomorrow night,
9 October 1976, the program will expire.
With thanks for your assistance with this important
national program, I am
Sincerely yours,
William J Hargis, Jr.
Chairman
WJHJr/clr
UNITED
SENTE
UNITED STATES CIVIL SERVICE COMMISSION
CIVIL SENTE
WASHINGTON, D.C. 20415
CHAIRMAN
October 1, 1976
Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D.C. 20503
Attention: Assistant Director for
Legislative Reference
Dear Mr. Lynn:
This is in response to your request for the Commission's views on
enrolled H.R. 13035, an act "To improve the national sea grant
program and for other purposes."
This bill would amend the National Sea Grant College and Program
Act of 1966, to strengthen the grant program administered by the
National Oceanic and Atmospheric Administration (NOAA), Department
of Commerce, through research, education, and advisory service
activities related to ocean and coastal resources.
Our comments are limited to the personnel provisions of the bill.
Section 204(b) (2) of the bill provides for the Director of the
National Sea Grant program to 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. We object
to the establishment of this position outside of the competitive
service and the creation of another supergrade position outside
the Government-wide quota.
Section 204(d) (1) provides for employees of the National Sea
Grant program to be subject to the appointment, classification,
and pay provisions of title 5. This is appropriate. However,
section 204(d) (1) also provides for five supergrade positions
to be established outside the Government-wide quota and with-
out regard to competitive appointment provisions, with pay
not to exceed the rate for GS-18 of the General Schedule. In
addition to objecting to excepting these positions from
competitive service provisions, we are strongly opposed to
legislation which would increase the number of supergrade
spaces by earmarking them for a specific agency without regard
to the established Government-wide system of allocation on the
basis of priorities and national needs.
2.
Section 204 (d) (2) provides for the Secretary of Commerce to 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. Section 3109 governs employment and pay of
experts and consultants. We assume the provision refers only to
experts and consultants rather than to all temporary and inter-
mittent employment. More specific language in this section would
have been appropriate.
Section 209 provides for the creation of a Sea Grant Review Panel
composed of 15 voting members, to be appointed by the Secretary of
Commerce and paid at the daily rate of GS-18 of the General Schedule
when serving on the panel. Normally legislation on advisory councils
specifically excepts members from the appointment provisions of
title 5. The absence of statutory exception is no problem, however.
Members could be excepted by Commission action. The rate of pay
is appropriate.
Finally, section 4 provides for the Deputy Assistant Administrator
and the Associate Administrator in NOAA to be paid at Level IV
of the Executive Schedule. Level IV is an appropriate rate of
pay for these two positions.
Although we object to several of the personnel provisions of the
bill, our concerns are not such as to warrant a veto. We
therefore recommend that from the standpoint of the personnel
provisions the President sign H.R. 13035.
By direction of the Commission:
Sincerely yours
Sheldon
ACTING Chairman
UNITED PROTECTION STATES. AGENCY
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OCT
11976
THE ADMINISTRATOR
Dear Mr. Lynn:
These are our comments on the enrolled bill entitled
"Sea Grant Program Improvement Act of 1976."
Under the legislation, the Secretary of Commerce
shall maintain a program known as the national sea
grant program and establish long-range planning guide-
lines and priorities for the adequate evaluation of the
program.
The Secretary is authorized to make grants and
enter into contracts to assist any sea grant program.
Any person may be eligible for a grant or contract.
The Secretary also shall identify specific national
needs and programs with respect to ocean and coastal
resources. The Secretary may make grants or enter con-
tracts with regards to these needs and problems.
In addition, this legislation authorizes the
Secretary to support a sea grant fellowship program.
This program is designed to provide educational and training
assistance to qualified individuals at graduate and under-
graduate levels of education in fields related to ocean
and coastal resources.
The Environmental Protection Agency supports legis-
lative efforts designed to strengthen our efforts in the
area of marine research, development and conservation.
The oceans are an area of preeminent importance and our
efforts in marine research are too often inadequate,
lacking in commitment and fragmentary. H.R. 13035 provides
-2-
an opportunity to promote a strong educational base and
responsive research and training which should improve marine
research in the future. For these reasons, we support the
enactment of H. R. 13035.
Know Sincerely yours, E. Train
Russell E. Train
Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D.C. 20503
NATIONAL SCIENCE FOUNDATION
WASHINGTON. D.C. 20550
nsf
OFFICE OF THE
SEP 28 1976
DIRECTOR
Mr. James M. Frey
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Frey:
This is in reply to your communication of September 24, 1976,
requesting the comments of the National Science Foundation on
Enrolled Bill H. R. 13035, the "Sea Grant Program Improvement
Act of 1976."
The Foundation has no objection to approval of the bill by the
President.
Sincerely yours,
R.C. Atkenson
Richard C. Atkinson
Acting Director
OF DEFENS' DE
DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY
WASHINGTON, D. C. 20350
NITTED STATES OF AMERICA
September 29, 1976
Dear Mr. Lynn:
Your transmittal sheet dated September 27, 1976, enclosing
a facsimile of an enrolled bill of Congress, H.R. 13035 "To
improve the national sea grant program and for other purposes,"
and requesting the comments of the Department of Defense, has
been received. The Department of the Navy has been assigned
the responsibility for the preparation of a report expressing
the views of the Department of Defense.
The primary purpose of H.R. 13035 is to strengthen the na-
tional sea grant program by extending it through September 30,
1977, by requiring the Secretary of Commerce to support a sea
grant fellowship program and by establishing a sea grant re-
view panel which will supersede the existing sea grant ad-
visory panel. Additionally, the measure requires the Secre-
tary of Commerce to transmit to Congress an annual report
covering all sea grant activities of the previous year and
setting forth projected future activities and objectives.
The Department of the Navy, on behalf of the Department of
Defense, has no objection to the approval of H.R. 13035.
Sincerely yours,
Ow Releaced
David R. Macdonald
Acting Secretary of the Navy
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, DC 20503
OF
THE SECRETARY OF TRANSPORTATION
ONITED
WASHINGTON, D.C. 20590
AMERICA
STATES
of
SEP 30 1976
Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
You have asked for our comments on H.R. 13035, an enrolled bill
"To improve the national sea grant
program and for other purposes. 11
Section 2 of the enrolled bill amends Title II of the Marine Resources
and Engineering Development Act of 1966 to extend the life of the
National Sea Grant Program through FY 1977. The objective of the
Program is to increase the understanding, assessment, development,
utilization, and conservation of the Nation's ocean and coastal
resources by providing financial assistance to promote a strong
educational base, and responsive research and training activities.
To implement this objective the Secretary of Commerce, through
the National Oceanic and Atmospheric Administration, is authorized
to make grants and enter into contracts, designate sea grant colleges
and regional consortia, and provide for sea grant fellowships. $50
million is authorized to be appropriated for these purposes. An
additional $5 million is authorized to be appropriated for grants or
contracts with respect to specific national needs and problems
concerning ocean and coastal resources.
An independent Sea Grant Review Panel would be established to
advise the Secretary in his administration of the Program, and
an annual report concerning the activities of and outlook for the
Program must be submitted to the President and the Congress
- 2 -
by February 15 of each year. The Directors of both the Office of
Management and Budget and the Office of Science and Technology
Policy would also be given the opportunity to submit comments and
recommendations for inclusion in the report.
Section 3 of the enrolled bill provides for international cooperation
assistance which would, with respect to ocean and coastal resources,
enhance the research and development capability of developing foreign
nations and promote the international exchange of information and data.
$3 million is authorized to be appropriated for this purpose.
In reporting this bill, Senate and House conferees expressed the intent
to proceed in the next Congress towards the goal of defining and setting
forth in precise detail a national oceanic policy for the United States
(see Congressional Record, September 15, 1976, at page H10131).
We share the conferees' concern that there is a pressing need for
a national oceanic policy and, in fact, testified on this issue before
the Subcommittee on Oceanography of the House Committee on
Merchant Marine and Fisheries just two weeks ago. In my testi-
mony, I referred to the need for a policy forum within the Executive
Branch for the development of coordinated policy and planning. Such
a forum, identified as the Marine Affairs Council in my proposal to
the President, could assure that there would be an appropriate inte-
gration of our economic and societal needs for more ocean space
and resources while assuring the protection of environmental values.
The Council would be chaired by the Vice President and would be
composed of the Secretaries of State, Treasury, Interior, Commerce,
Defense, and Transportation.
Since H.R. 13035 extends the life of the Sea Grant Program for only
one fiscal year at approximately the same level of funding as the
present fiscal year, we have no objection to the President signing
the enrolled bill. This limited extension would give the Executive
Branch an opportunity to review and evaluate the need for the
Program in light of any forthcoming Presidential oceanic policy
decision.
Sincerely,
William I
William T. Coleman, Jr.
THE INJERIOR THE INTERIOR is
United States Department of the Interior
OFFICE OF THE SECRETARY
March
1849
WASHINGTON, D.C. 20240
3,
SEP 28 1976
Dear Mr. Lynn:
This responds to your request for our views on the enrolled
bill H.R. 13035, "To improve the national sea grant program
and for other purposes. "
H.R. 13035 amends the National Sea Grant College and Program Act
of 1966, as amended, to extend the authorization of funds for
fiscal year 1977, and makes other substantive amendments and
technical changes in the Act. This program is administered
by the Department of Commerce through the National Oceanic and
Atmospheric Administration.
We defer to the views of the Department of Commerce as to
whether the President should approve this bill.
Sincerely yours,
Assistant Secretary of the Interior
Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C. 20503
CONSERVE
AMERICA'S
ENERGY
Save Energy and You Serve America!
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
722 JACKSON PLACE, N. W.
WASHINGTON, D.C. 20006
September 29, 1976
MEMORANDUM FOR JAMES M. FREY
OFFICE OF MANAGEMENT AND BUDGET
ATTN: Ms. Ramsey
SUBJECT: Enrolled Bill, H.R. 13035: To improve the
National Sea Grant Program and for Other
Purposes
The Council on Environmental Quality does not have
a position on the above enrolled bill. We defer to
agencies with more direct interest and expertise.
Steven D. Jellinek
Staff Director
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 6
Time: 1115am
FOR ACTION:
George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg 106
Ed Schmults
NSC/S
Glenn Schleede
Robert Hartmann
FROM THE STAFF SECRETARY
October 6
DUE: Date:
Time: 100pm
SUBJECT:
H.R. 13035-Sea Grant Program Improvement Act of 1976
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Propare Agenda and Beist
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to judy johnston, ground floor west wing
This package must go with the courier today.
m right Killy 4/4/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or If you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 6
Time: 1115am
FOR ACTION:
George Humphreys
cc (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg
Ed Schmults
NSC/S
Glenn Schleede
Robert Hartmann
FROM THE STAFF SECRETARY
October 6
DUE: Date:
Time: 100pm
SUBJECT:
H.R. 13035-Sea Grant Program Improvement Act of 1976
ACTION REQUESTED:
"
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to judy johnston, ground floor west wing
This package must go with the courier today.
I recommed approval and
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. cannon
telephone the Staff Secretary immediately.
For the President
PRIORITY
Unichas
FOR COMMCENTER USE ONLY
PRECEDENCE
CLASSIFICATION
DEX
Mr. 615
FROM SAMES CONNOR
DAC
GPS
LDX
PAGES 2
TO: TERRY O'DONNECC
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CITE
INFO:
DTG: 6621472
TOR: 1622308
RELEASED BY:
JC
SPECIAL INSTRUCTIONS:
LA IZ 9 100 9261
WHCA FORM 8, 22 FEB 74
THE WHITE HOUSE
WASHINGTON
10.6.16
Terry -
Per Friedersdorf's
request, please add
to enrolled fill file for
H.R. 13035.
RDL.
(THIS PACKAGE IS IN COURIER MAIL)
THE WHITE HOUSE
WASHINGTON
Date
/10/6.76
FROM: TO: Max L. Friedersdorf
For Your Information
Please Handle
Please See Me
Comments, Please
Other Pl. to Staff
Secretary this should
be addect w will addindur
fn imalled mimo
on H.R.13035
RUBSELL B. LONG, LA., CHAIRMAN
HERMAN R. TALMADGE, CA.
CARL T. CURTIS, NEBR.
VANCE HARTKE. IND.
PAUL J. FANNIN, ARIZ.
ABRAHAM RIBICOPF, CONN.
CLIFFORD P. HANSEN, WYO.
MARRY F. BYRD, JR., VA.
ROBERT J. DOLE, KANS.
GAYLORD NEI.SON, WIS.
BOB PACKWOOD, OREG.
WALTER F. MONDALE, MINN.
WILLIAM V. ROTH, JR., DEL.
United States Senate
MIKE GRAVEL, ALABICA
BILL BROCK, TENN.
LLOYD BENTWEN, TEX.
WILLIAM D. MATHAWAY, MAINS
COMMITTEE ON FINANCE
FLOYD K. HASKELL, COLD,
WASHINGTON, D.C. 20510
MICHAEL STERN, STAFF DIRECTOR
DONAL 9 v. MOOREHEAD, CHIEF MINORITY COUNSEL
October 4, 1976
The Honorable James T. Lynn
Director
Office of Management and Budget
The Executive Office Building
Washington, D.C. 20503
Dear Jim:
It is my understanding that your office is
considering a recommendation to the President to
veto the Sea Grant FY 77 Authorization, H.R. 13035.
I deeply hope you will not.
First, the President has already approved the
FY 77 Appropriations for Commerce which includes
the Sea Grant Program. Second, the 1-year authoriza-
tion in H.R. 13035 is less than $4 million over the
President's own FY 77 budget recommendation. Third,
in my home State of Oregon the Sea Grant Program has
for years supported a major research facility on a
matching fund basis. In FY 77, Sea Grant's contribu-
tion is $1,642,000 and vital to the survival of the
program.
I certainly hope you will give this every con-
sideration. The Sea Grant Program is one I have
long supported.
Thank you very much, Jim.
Cordially,
BOB Bol PACKWOOD
BP/tdk
CC: Mr. Max L. Friedersdorf
Assistant to the President for Legislative Affairs
Mr. Joe Jenks
Special Assistant for Legislative Affairs.
MEMORANDUM
NATIONAL SECURITY COUNCIL
5591
October 6, 1976
MEMORANDUM FOR:
JAMES M. CANNON
FROM:
Jeanne W. Dav 0m
SUBJECT:
H.R. 13035
The NSC Staff concurs in the proposed enrolled bill H. R. 13035-
Sea Grant Program Improvement Act of 1976.
WHITE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 6
Time: 1115am
FOR ACTION:
George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg
Ed Schmults
NSC/S
Glenn Schleede
Robert Hartmann
FROM THE STAFF SECRETARY
October 6
DUE: Date:
Time:
100pm
SUBJECT:
H.R. 13035-Sea Grant Program Improvement Act of 1976
ACTION REQUESTED:
"
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
johnston, ground floor west wing
Personal
with the coutier today.
10/16/16
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
10/6/76 - 11:25am
THE WHITE HOUSE
n
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 6
Time: 1115am
FOR ACTION:
George Humphreys
cc (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg
Ed Schmults
NSC/S
Glenn Schleede
Robert Hartmann
FROM THE STAFF SECRETARY
October 6
DUE: Date:
Time: 100pm
SUBJECT:
H.R. 13035-Sea Grant Program Improvement Act of 1976
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to judy johnston, ground floor west wing
This package must go with the courier today.
10/6/76 - copy sent for recearching nm
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
SIGNING STATEMENT
I am today signing H.R. 13035, the Sea Grant Program Improve-
ment Act of 1976.
In its 10-year history, the National Sea Grant Program has
played an appropriate role in developing and coordinating the
resources of universities, laboratories and other institutions
in furthering the understanding, assessment, development, utiliza-
tion and conservation of our Nation's ocean and coastal resources.
H.R. 13035 would extend the National Sea Grant Program and Insure
that this worthwhile work continues.
Some provisions in H.R. 13035 are unnecessary. The proposed
"National Projects" and "International Cooperation Assistance"
programs are new categorical programs authorizing activities that
could more appropriately be carried out by other agencies that
have the responsibility to address national marine related needs
and problems.
Provisions in the bill which provide for the establishment
of the position of Director of the Sea Grant Program and five other
supergrade positions outside the Government-wide quota and without
regard to the competitive appointment provisions of the Civil
Service system are also unwise.
The Sea Grant Program provides a valuable means for bringing
the resources of colleges and universities to bear on the Nation's
efforts to make more productive use of our ocean resources. I
believe that this bill will allow us to strengthen those efforts.
I an theorfore signing this bill with law.
10/6/76 - 11:25 am
THE WHITE HOUSE
n
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 6
Time: 1115am
FOR ACTION:
George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg
Ed Schmults
NSC/S
Glenn Schleede
297.85
to 10/8 6Am 11:37
to
DJS
Robert Hartmann
10/6 1:15
FROM THE STAFF SECRETARY
GAm
October 6
DUE: Date:
Time: 100pm
SUBJECT:
H.R. 13035-Sea Grant Program Improvement Act of 1976
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to judy johnston, ground floor west wing
This package must go with the courier today.
10/6
researched copy returned I
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
SIGNING STATEMENT
ab
oh
I am today signing H.R. 13035, the Sea Grant Program Improve-
pachap 1966
ment Act of ok 1976
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In its 10-year history, the National Sea Grant Program has
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played an appropriate oh role in developing Oh and coordinating the
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oh
in furthering the understanding, assessment, development, utiliza-
tion and conservation of our Nation's ocean and coastal resources.
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ensure
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Some provisions in H.R. 13035 are on unnecessary. The proposed
Oh
"National Projects" and "International Cooperation Assistance"
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programs are new categorical programs authorizing activities that
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on
supergrade positions outside the Government-wide quota and without
regard to the competitive appointment provisions of the Civil
Service system are also unwise.
The Sea Grant Program provides a valuable means for bringing
the resources of colleges and universities to bear on the Nation's
efforts to make more productive use of our ocean resources. I
believe that this bill will allow us to strengthen those efforts.
SIGNING STATEMENT
I am today signing H.R. 13035, the Sea Grant Program Improve-
ment Act of 1976.
In its 10-year history, the National Sea Grant Program has
played an appropriate role in developing and coordinating the
resources of universities, laboratories and other institutions
in furthering the understanding, assessment, development, utiliza-
tion and conservation of our Nation's ocean and coastal resources.
H.R. 13035 would extend the National Sea Grant Program and Insure
that this worthwhile work continues.
Some provisions in H.R. 13035 are unnecessary. The proposed
"National Projects" and "International Cooperation Assistance"
programs are new categorical programs authorizing activities that
could more appropriately be carried out by other agencies that
have the responsibility to address national marine related needs
and problems.
Provisions in the bill which provide for the establishment
of the position of Director of the Sea Grant Program and five other
supergrade positions outside the Government-wide quota and without
regard to the competitive appointment provisions of the Civil
Service system are also unwise.
The Sea Grant Program provides a valuable means for bringing
the resources of colleges and universities to bear on the Nation's
efforts to make more productive use of our ocean resources. I
believe that this bill will allow us to strengthen those efforts.
I an themefore mgaing this bill into laws
fo
MOLE
p.
CUILIGS
offer
10/6/76 - 11:25am n
SIGNING STATEMENT
I am today signing H.R. 13035, the Sea Grant Program Improve-
ment Act of 1976.
In its 10-year history, the National Sea Grant Program has
played an appropriate role in developing and coordinating the
resources of universities, laboratories and other institutions
in furthering the understanding, assessment, development, utiliza-
tion and conservation of our Nation's ocean and coastal resources.
E
H.R. 13035 would extend the National Sea Grant Program and Insure
that this worthwhile work continues.
Some provisions in H.R. 13035 are unnecessary. The proposed
"National Projects" and "International Cooperation Assistance"
programs are new categorical programs authorizing activities that
could more appropriately be carried out by other agencies that
have the responsibility to address national marine related needs
and problems.
Provisions in the bill which provide for the establishment
of the position of Director of the Sea Grant Program and five other
supergrade positions outside the Government-wide quota and without
regard to the competitive appointment provisions of the Civil
Service system are also unwise.
The Sea Grant Program provides a valuable means for bringing
the resources of colleges and universities to bear on the Nation's
efforts to make more productive use of our ocean resources. I
believe that this bill will allow us to strengthen those efforts.
I an themefore signing this bill mith law,
STATEMENT BY THE PRESIDENT
I am today signing H.R. 13035, the Sea Grant Program
Improvement Act of 1976,
In its 10-year history, the National Sea Grant Program
has played an appropriate role in developing and ovordinating
the resources of universities, laboratories and other institutions
in furthering the understanding, assessment, development,
utilisation and conservation of our Nation's ocean and coastal
resources. H.R. 13035 would extend the National Sea Grant
Program and ensure that this worthwhile work continues.
Some provisions in H.R. 13035 are unnecessary. The
proposed "National Projects" and "International Cooperation
Assistance" programs are new categorical programs authorising
activities that could more appropriately be carried out by
other agencies that have the responsibility to address national
marine related needs and problems.
Provisions in the bill which provide for the establishment
of the position of Director of the Sea Grant Program and
five other supergrade positions outside the Government-wide
quota and without regard to the competitive appointment pro-
visions of the Civil Service system are also unwise.
The Sea Grant Program provides a valuable means for
bringing the resources of colleges and universities to bear
on the Nation's efforts to make more productive use of our
ocean resources. I believe that this bill will allow us to
strengthen those efforts.
I am therefore signing this bill into law.
OMB
SIGNING STATEMENT
I am today signing H.R. 13035, the Sea Grant Program Improve-
ment Act of 1976.
In its 10-year history, the National Sea Grant Program has
played an appropriate role in developing and coordinating the
resources of universities, laboratories and other institutions
in furthering the understanding, assessment, development, utiliza-
tion and conservation of our Nation's ocean and coastal resources.
H.R. 13035 would extend the National Sea Grant Program and insure
that this worthwhile work continues.
Some provisions in H.R. 13035 are unnecessary. The proposed
"National Projects" and "International Cooperation Assistance"
programs are new categorical programs authorizing activities that
could more appropriately be carried out by other agencies that
have the responsibility to address national marine related needs
and problems.
Provisions in the bill which provide for the establishment
of the position of Director of the Sea Grant Program and five other
supergrade positions outside the Government-wide quota and without
regard to the competitive appointment provisions of the Civil
Service system are also unwise.
The Sea Grant Program provides a valuable means for bringing
the resources of colleges and universities to bear on the Nation's
efforts to make more productive use of our ocean resources. I
believe that this bill will allow us to strengthen those efforts.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1048
NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT
AMENDMENTS
APRIL 27,1976.-Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mrs. SULLIVAN, from the Committee on Merchant Marine and
Fisheries, submitted the following
REPORT
[To accompany H.R. 13035]
The Committee on Merchant Marine and Fisheries, to whom was re-
ferred the bill (H.R. 13035) to amend the National Sea Grant College
and Program Act of 1966, having considered the same, report favor-
ably thereon without amendment and recommend that the bill do pass.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 13035 is to amend the National Sea Grant Col-
lege and Program Act of 1966, as amended, to extend the authoriza-
tion of funds for fiscal year 1977, to separately authorize funds for
programs of international cooperation, to separately authorize funds
for programs national in scope, to remove the prohibition of using Sea
Grant funds for purpose of payment for the services of research vessels
and other ocean facilities directly supporting specific sea grant-spon-
sored activities, to expand the definition of "marine environment," to
encourage the cooperation among and joint participation by local and
state agencies of the government, industries, and educational institu-
tions in the development and conservation of coastal and marine re-
sources, to substitute the words "development and conservation" of
marine resources for "exploitation," and to make certain technical
changes in the Act.
BACKGROUND AND HISTORY
The National Sea Grant Program was created on October 15, 1966,
with enactment of Public Law 89-688, the "National Sea Grant Col-
lege and Program Act." Sponsors of the Act sought to develop a solid
base of expertise in universities and colleges by drawing on scientists
and engineers committed to the ocean and its resources, and directing
all available disciplines toward the understanding, utilization, man-
57-006
2
3
agement, and protection of the resources of the oceans and the Great
Territories, American Samoa, and Guam. As of June 30, 1975, there
Lakes.
were a total of 3,604 persons involved in 737 Sea Grant sponsored
Originally assigned to the National Science Foundation, the Na-
projects.
tional Sea Grant Program was transferred to the National Oceanic
The following table presents the budget history of the National Sea
and Atmospheric Administration (NOAA), U.S. Department of Com-
Grant Program for the fiscal years 1967 through 1977.
merce, by the President's Reorganization Plan 4 in October of 1970.
The National Sea Grant Program is a Federal-state-university part-
NATIONAL SEA GRANT PROGRAM, BUDGET HISTORY-FISCAL YEAR 1976 THROUGH 1977
nership. It supports the integration of all three functions of American
[Dollar amounts in millions]
universities-research, education, and public service-in a practical
approach to marine technology and resource development. It includes
Request to-
Approved
Authoriza-
budget
Matching
the flow of information from user need through research and testing
Fiscal year
tion
DOC
OMB,
Congress
level
Obligations
funds
and back to user application. This approach encourages interaction
between individuals, speeding both research output and personnel
1967
$5
$1.0
$1.0
1968
15
$5.0
5.0
5.0
$5.0
$5.0
$3.1
training, and it insures that Sea Grant receives and makes use of feed-
1969
6
9.0
6.0
6.0
6.0
6.0
3.7
1970
15
10.0
6.0
6.0
10.0
9.0
5.1
back from the marine community.
1971
20
18.0
13.5
13.5
13.5
13.5
8.5
Sea Grant is guided by a. central staff in NOAA which provides
1972
25
28.1
22.0
22:0
15.2
17.7
9.7
1973
30
30.0
30.0
21.2
21.2
19.5
12.0
overall management, general program guidance and regular and con-
1974
30
30.0
28.3
19.8
19.8
19.8
12.9
1975
40
24.9
24.3
24.3
23.3
22.7
14.9
tinuing review of the state programs. This facilitates identification of
1976
50
31.5
25.7
21.1
29.1
111.4
1977
50
30.9
26.9
23.2
new research needs and continuous evaluation of program perform-
ance and productivity. The Office of Sea Grant provides integration
1 Through February 1976.
of Sea Grant activities with those of other Federal agencies. Local and
statewide programs are managed at the univerity level, guided by
LEGISLATIVE AND HEARING RECORD
local advisory groups and reviewed for technical merit at the local
level, as well as through review mechanisms at the national office. This
On March 1, 2, and 3, 1976, the Oceanography Subcommittee held
system of dual program review assures responsiveness to identified
oversight and authorization hearings for the purpose of evaluating the
needs. After problems have been identified and priorities of the pro-
Sea Grant program.
gram are established, university resources are sought and mobilized.
Some of the issues discussed during the hearings included: how
A program at an institution begins with several coherent projects
attuned to national priorities are the Sea Grant Program's priorities;
which are limited in both scope and funding. After a few years, during
what is the proper balance between local and nationally-oriented proj-
which the program may develop and expand in multi-project efforts,
ects; what is the proper balance between research, education and
the program can achieve "institutional" status. Following at least
advisory service activities; how effective has the program been in
three years of satisfactory progress and the development of a broad
making services and products known to potential users; what is the
research program, an adequate practical education and training pro-
right balance between individual projects and institutional support;
gram and a functioning marine advisory service program, Sea Grant
and what is the proper funding level for the program?
College status may be designated.
The list of witnesses testifying before the Subcommittee included
This is a formal designation by the Secretary of Commerce. A Sea
professionals from government, industry, academia and the Sea Grant
Grant College is a college only in the sense that it pulls together a wide
program itself. The overall view of the program was positive and well
variety of people and facilities to accomplish specified goals. It is
represented in the statement by Dr. William McElroy, Chancellor,
neither a hierarchy of staff or departments with a permanent or formal
University of California, and President of the American Association
structure, nor does it have its own research staff. Institutions officially
for the Advancement of Science, "It is an excellent, much-needed,
designated "Sea Grant Colleges" are:
highly beneficial program which has justified the expectations of its
Oregon State University.
founders."
University of Washington.
Although the testimony expressed pride and confidence in the past
University of Wisconsin.
accomplishments of the Sea Grant program, alternatives and possible
University of California.
new directions were discussed. During the three days of hearings there
University of Rhode Island.
were several topics emerged which could be addressed in this year's
University of Hawaii.
legislation the removal of prohibition on ship time funding, inter-
Texas A. & M. University.
State University of New York/Cornell.
national information exchanges, and projects of national priority.
As of early 1976, 124 educational institutions were participating in
There was unanimous support for the removal of the prohibition of
the Program. In addition, 412 government agencies and private com-
ship time funding by Sea Grant. Dr. Stanley Murphy of the Univer-
panies were providing matching funds or in-kind support. Sea Grant
sity of Washington suggested that the ship time funding would be
is supporting activities in 26 states, the District of Columbia, the Trust
needed for Sea Grant investigators to obtain data at sea in order to
conduct many phases of marine research. He stated that additional
4
5
resources for this purpose beyond those already provided are required
to meet the program's objectives.
representatives from related outside groups, the National Advisory
All of the testimony indicated that the present level of funding was
Committee on Oceans and Atmosphere, and other knowledgeable lead-
inadequate and should be increased. Dr. Paul Fye, President of Woods
ers in marine affairs. The consensus of the testimony from the 17 wit-
Hole Oceanographic Institution, stated, "The present Federal funding
nesses who addressed the Subcommittee was basically supportive of
is not sufficient to permit growth of those programs which are pro-
the program and its contributions to the nation's marine science and
gressive and responsive to changing needs."
technology.
Other testimony indicated there are excellent opportunities for in-
Basically, the bill would extend the Sea Grant program for one year
ternational cooperative efforts, particularly with the lesser-developed
beyond September, 1976. (Funding for the transitional period is cov-
countries. Testimony indicated the need to upgrade our methods of
ered by P.L. 94-274.) A one-year extension, rather than the usual three-
technology exchange, and that the Sea Grant program was a suitable
year extension, is recommended to allow the Subcommittee on Ocean-
vehicle for this effort.
ography to conduct its planned thorough review and examination of
With regard to Sea Grant resources placing greater emphasis on
the Nation's marine science and technology policy and the role that Sea
projects of national orientation, it was generally stated that Sea
Grant might best play in helping to implement such policy. Extension
Grant's service to state and local problems must be preserved for it is
of the program for only one year should not be interpreted to mean
in the local regions that the nation's needs are identified, clarified and
that the Committee does not support the continuation of the program
brought into proper focus.
at the authorized level. It is the consensus of the Members of the Com-
Witnesses testifying before the Committee supported the proposal
mittee that to provide a three-year extension of the program now would
providing 100 percent grants for projects which are national in
be a mstake. It would remove the incentive to proceed expeditiously
importance.
with the planned review and implementation of an overall federal ma-
There was a great deal of testimony before the Subcommittee ex-
rine science program, and would perpetuate Sea Grant at what is ap-
pressing opposition to proposals to reorganize the program within the
parently a fixed level of funding. For the latter to happen is certain to
National Oceanic and Atmospheric Administration to provide a sepa-
cause some of the present participants to reconsider their involvement,
rate office for the marine advisory service function. There was also
inasmuch as Sea Grant is a matching program which requires one-third
opposition to the suggestion that a new office within NOAA with over-
of its funds from the States and local sources.
all responsibility in marine science research be established which would
Two new initiatives for the Sea Grant program were discussed be-
oversee the Sea Grant effort.
fore the Subcommittee. The first deals with a provision for the exper-
The Subcommittee intends to examine these and other proposals
tise within the Sea Grant program to focus on marine problems and
dealing with not only Sea Grant but the broader question of the na-
projects that are national in scope and impact, and funded in a manner
tion's overall marine science effort in hearings and studies during the
that does not require matching funds from the states. The granting
next year.
mechanism provided by Section 204 of the law requires that federal
Legislation introduced and referred to the Subcommittee on Ocean-
funding for any participant in any program not exceed 662/3 percent
ography, Committee on Merchant Marine and Fisheries for considera-
of the total cost of the program. This system has served well to develop
tion included: H.R. 12097, H.R. 12108, H.R. 12322, and H.R. 13035.
programs at universities and other institutions in which local and re-
The Executive Communication, which was transmitted March 4, 1976,
gional needs are addressed and for which state legislatures and other
was considered by the Committee, but not introduced. On April 12,
local and regional funding sources have been able to provide the match-
1976, the Merchant Marine and Fisheries Committee met and Congress-
ing funds. This has been a key element in maintaining local and re-
man Murphy, Chairman of the Subcommittee, made a motion to dis-
gional interest, participation and interaction. A new Section 206 of the
charge the Subcommittee from the further consideration of H.R.
title contains a separate authorization of $5 million for Sea Grant
13035, and that it be taken up by the full Committee at that time. This
studies addressed specifically to national marine issues. This responds
motion was unanimously agreed to, and after discussion the full Com-
to the need seen by the Congress for the Sea Grant program to address
mittee reported H.R. 13035 unanimously, by voice vote, without
ocean issues of major national importance. In this experimental pro-
amendment.
gram, the Secretary is not restricted to the matching fund requirements
NEED FOR THE LEGISLATION
under this section.
While supporting this new categorical grant program within Sea
The Sea Grant College and Program Act of 1966 was most recently
Grant, the Committee does not intend to imply that the focus of re-
amended on July 10, 1973 (P.L. 93-73), which extended authorizations
search should begin to shift to those projects of national scope only.
for appropriations through June 30, 1976.
The Committee is satisfied that the present direction of the national
In preparation for consideration of an extension of the authoriza-
Sea Grant Program should remain balanced between national and re-
tion, the Subcommittee on Oceanography conducted oversight and au-
gional projects designed to increase local and regional capabilities and
thorization hearings on March 1, 2 and 3, 1976. The Subcommittee
knowledge in the marine science field. In this respect, some Committee
heard from a variety of witnesses, including federal managers of the
Members expressed concern that the "site visitation teams" sent to Sea
program, Sea Grant directors and other participants in the program,
Grant institutions to evaluate grant proposals should be composed of a
balanced cross-section of local, state, and federal experts. In this way,
6
7
the local and regional interests can be assured of adequate participa-
H.R. 13035 represents a consolidation of measures proposed by Mr.
tion and contribution during the evaluation process.
Rogers, sponsor of the original legislation, Mr. Matsunaga (H.R.
The second initiative recognizes the importance of international
12097), and the Administration's proposed three-year extension.
cooperation for the successful resolution of many marine issues. It is
Questions about the future direction of the Sea Grant program have
particularly important that the developing nations be assisted in in-
been raised. One consequence has been the effective level funding of
creasing their understanding of the role than marine science can play
the program during the last several budgets. The Office of Manage-
in ocean resource consideration and development. This initiative may
ment and Budget has stated its finding that the program needs a new
help to reduce other nations' suspicions about the nature of marine
focus and direction in order to expand. Major new areas of emphasis
research conducted by the United States and other developed nations
seen needed by Congress is for Sea Grant research to address ocean
SO that restrictions on these activities will not be increased. As other
issues of national importance and to produce timely analyses of the
nations are better able to digest the shared results of research off their
issues in readily-understandable form and to promote international
coasts, the more willing they will be to permit such activities, it is
cooperation. The questions that Congress has addressed in recent
hoped. Finally, with new international agreements being entered into
months, such as the 200-mile fishing zone, the extent of onshore im-
by the United States, such as the International Convention for the Pre-
pacts stemming from offshore oil and gas operations and ocean mining
vention of the Pollution of the Sea by Oil, the Intergovernmental
considerations, are examples of the issues to be addressed. The new
Maritime Consultative Organization, the Law of the Sea Conference,
authorizations in Sections 205 and 206 in H.R. 13035 are first steps in
and others, this section will afford an opportunity for the United
this direction.
States to work with other nations in a spirit of cooperation in imple-
SECTION-BY-SECTION ANALYSIS
menting these agreements.
A new Section 205 of the title separately authorizes a $3 million
The following amendments to the Sea Grant College Act are pro-
experimental program which would provide for the training and edu-
posed in H.R. 13035:
cation of foreign nationals through the Sea Grant program and which
DECLARATION OF PURPOSE
would permit Sea Grant to provide advisory services to foreign na-
tions with respect to the development and conservation of their marine
(1) The language of Sec. 202 (b) is amended to clarify that it is in
resources.
the national interest to develop the skilled manpower, facilities, and
The two new authorizations for international cooperation and na-
equipment necessary for the "development and conservation" of ma-
tional programs are to provide a one-year experimental period to de-
rine resources, rather than the "exploitation" of marine resources.
termine the kinds of initiatives the Sea Grant program can devise. The
(2) New language is added as Sec. (d) declaring that it is in the
Committee can then review these initiatives to determine what support
national interest to "encourage the cooperation among and joint par-
it might wish to provide in subsequent years. It will be particularly
ticipation by local and State agencies of the government, industries,
helpful to be able to review the progress Sea Grant makes in address-
and educational institutions in the development and conservation of
ing national priority issues in the coming months in view of the em-
coastal and marine resources."
phasis this subject area received during the Subcommittee's hearings.
(3) Technical changes are made which accommodate the addition
The other major substantive change in H.R. 13035 is to allow Sea
of the new subsection (d) by redesignating existing subsections (d)
Grant funds to be used to rent time on research vessels. This is a recom-
and (e) as (e) and (f) respectively.
mendation from the Sea Grant program personnel who have found
that their needs for ship time are considerable. At the same time, the
GRANTS AND CONTRACTS FOR SEA GRANT COLLEGES AND PROGRAMS
program officials are anxious that this funding not be the basis for a
reduction in ship support from the National Science Foundation.
An extension of the basic Act is provided by authorizing in Sec.
In addition to the extension, the removal of prohibition for rental
203 (b) (1) funds for fiscal year 1977 in the amount of $50 million.
of research vessels, and the two new initiatives, the bill makes tech-
nical changes in the language of the original act. In particular, a new
MARINE RESOURCES
section in the statement of purpose of the law states that it is in the
national interest to encourage joint participation among various insti-
(1) Sec. 204 (2) is amended to make it clear that the provisions
tutions, governmental and private, in marine projects. This confirms
of this paragraph that prohibit grant funds from being applied to the
a basic operating tenet of the Sea Grant program which has stressed
rental, purchase, construction, preservation or repair of any building,
inter-disciplinary research activity and involvement of a variety of
dock or vessel shall not apply to payment for the services of research
interests. This addition comes from the Sea Grant community which
vessels and other ocean facilities directly supporting specific sea grant-
seeks recognition and sanction for this approach. Also, in the state-
sponsored activities.
ment of purposes, the word, "exploitation" of marine resources was
(2) Technical and conforming amendments are made to Sec. 204(i) :
substituted by the words "conservation and development" to avoid the
An amendment strikes out "scientific" in Sec. 204(i) (1). The defini-
negative connotation of the word "exploit", which suggests abuse.
tion of the term "marine environment" in Sec. 204(i) (2) is amended
8
9
to include the "water of the coastal zone as defined in the Coastal Zone
3, 1976. The findings and recommendations based on these hear-
Management Act of 1972." Specific delimiting language in the defini-
ings are detailed in the sections of this report dealing with the
tion is deleted which referred to the "depth of 200 meters, or beyond
need for the legislation and the hearing record, a copy of which
that limit, to where the depths of superjacent waters admit of the ex-
will be transmitted to the Committee on Government Operations.
ploitation of the natural resources of the area." Language that reads
(B) In the opinion of the Congressional Budget Office, no new
"seabed and subsoil of submarine areas beyond the Outer Continental
budget authority or increased tax expenditures, as required in Sec-
Shelf" is substituted in lieu thereof.
tion 308 (a) of the Congressional Budget Act of 1974 will result
from enactment of this act.
INTERNATIONAL COOPERATION
(C) Pursuant to Section 403 of the Congressional Budget Act
of 1974, the Congressional Budget Office has prepared a cost esti-
An obsolete reference in Sec. 205 to a $200,000 study of international
mate for H.R. 13035 which follows the inflationary impact state-
marine technology transfer to have been completed not later than Sep-
ment below.
tember 30, 1974, is deleted and replaced by a new Sec. 205 authorizing
(D) The Committee on Government Operations has sent no re-
a fiscal year 1977 appropriation of up to $3 million to support and en-
port to the Committee on Merchant Marine and Fisheries pursuant
courage the advancement of research and development capabilities of
to Clause 2 (b) (2) of Rule X.
other nations relating to the exploration, conservation, and manage-
ment of marine resources, and to encourage the international sharing
INFLATIONARY IMPACT STATEMENT
and exchange of information thereon. The Secretary of Commerce is
authorized to support the funding of education and training of for-
Pursuant to Clause 2(1) (4) of Rule XI of the Rules of the House
eign nationals through sea grant institutions, and to provide advice to
of Representatives, the Committee estimates that the enactment of
foreign nations on the development of their marine resources. For the
H.R. 13035 would have no significant impact on the prices and costs
purpose of carrying out this section, paragraphs (1) and (3) of Sec.
in the national economy.
204(d) of this Act shall not apply.
CONGRESS OF THE UNITED STATES,
NATIONAL PROGRAMS
CONGRESSIONAL BUDGET OFFICE,
A new Sec. 206 authorizes a fiscal year 1977 appropriation of up to
Washington, D.C., April 22 1976.
$5 million to allow the Secretary of Commerce to enter into contracts
Hon. LEONOR K. SULLIVAN,
with, or make grants to, institutions, agencies, and organizations
Chairman, Committee on Merchant Marine and Fisheries, U.S. House
described in Sec. 204 (c) of this Act with respect to activities of a
of Representatives, Washington, D.C.
national scope and concern determined by the Secretary to be appropri-
DEAR MADAM CHAIRMAN: Pursuant to Section 403 of the Congres-
ate in assisting him in carrying out programs relating to the develop-
sional Budget Act of 1974, the Congressional Budget Office has pre-
ment, conservation, utilization, management, and protection of the
pared the attached cost estimate for H.R. 13035, a bill to amend the
marine environment. For the purposes of carrying out this section,
National Sea Grant College and Program Act of 1966.
paragraphs (1) and (3) of Sec. 204(d) of this Act shall not apply.
Should the Committee SO desire, we would be pleased to provide
further details on the attached cost estimate.
ESTIMATED COST OF THE LEGISLATION
Sincerely,
ALICE M. RIVLIN, Director.
Pursuant to Clause 7 of Rule XIII of the Rules of the House of
Attachment.
Representatives, the Committee estimates that the cost of the legisla-
COST ESTIMATE
tion for fiscal year 1977 will be as follows:
1. Bill number: H.R. 13035.
Section 203
$50,000,000
Section 205
3,000,000
2. Bill title: To amend the National Sea Grant College and Pro-
Section 206
5,000,000
gram Act of 1966.
3. Purpose of bill: The bill authorizes appropriations for the sup-
Total
58,000,000
port of education and research in marine science, pursuant to the Na-
tional Sea Grant College and Program Act of 1966. In addition, the
COMPLIANCE WITH CLAUSE 2(1) (3) OF RULE XI
bill makes several amendments to the Act, including:
With respect to the requirements of Clause (1) (3) of Rule XI of
(a) an authorization of appropriations to support the educa-
the Rules of the House of Representatives-
tion and training of foreign nationals and to provide advice to
(A) Oversight and authorization hearings were held on the
foreign nations on the development of their marine resources
administration of the National Sea Grant College and Program
(sec. 205).
Act of 1966, as amended, in Washington, D.C. on March 1, 2, and
(3) an authorization of appropriations for contracts with or
grants to institutions or agencies to assist the Secretary of Com-
10
11
merce in the management and development of the marine environ-
no reports had been received. This was due to the fact that H.R. 13035
ment (sec. 206).
was introduced on April 5, 1976, and was considered in markup on
Programs under this Act are to be administered by the Secretary of
April 12, 1976. The Department of Commerce and the National
Commerce. This is an authorization bill, which requires subsequent
Science Foundation representatives testified at the hearings.
appropriation action.
4. Cost estimate: The authorizations in this bill are for the fiscal
CHANGES IN EXISTING LAW
year 1977. The budget impact is estimated as follows:
In compliance with clause 3 of rule XIII of the Rules of the House
BUDGET EFFECTS
of Representatives, as amended, changes in existing law made by the
[Millions of dollars; fiscal years]
bill, as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in italic,
1977
1978
1979
1980
1981
existing law in which no change is proposed is shown in roman) :
Authorization amount
58
Estimated costs
23
35
NATIONAL SEA GRANT COLLEGE AND PROGRAM
ACT OF 1966
5. Basis for estimate: There are three basic categories of expenses
in this bill: administration; education, training and research pro-
TITLE II-SEA GRANT COLLEGES AND PROGRAMS
grams; international cooperation and national programs.
SHORT TITLE
Administration expenses are estimated to total $1.0 million and are
expected to be spent entirely during the 1977 fiscal year.
SEC. 201. This title may be cited as the "National Sea Grant College
Education, training, and research programs are carried out through
and Program Act of 1966".
grants to or contracts with various institutions, primarily academic.
Almost all of these grants or contracts are for a period of one year,
DECLARATION OF PURPOSE
with a substantial portion of the commitments made during the sum-
mer period preceding each academic year. Historically, virtually all
SEC. 202. The Congress hereby finds and declares—
of the appropriated funds have been obligated during the fiscal year of
(a) that marine resources, including animal and vegetable life
the appropriation, and approximately 75 percent of the funds have
and mineral wealth, constitute a far-reaching and largely un-
been spent during that year. However, with the shift in fiscal years,
tapped asset of immense potential significance to the United
this relationship is expected to change. A substantial portion of the
States; and
funds will still be obligated in the summer months, which will now be
(b) that it is in the national interest of the United States to
the end rather than the beginning of a fiscal year. As a result, much
develop the skilled manpower, including scientists, engineers, and
more spending will carry over into the following year. It is therefore
technicians, and the facilities and equipment necessary for the
estimated that of the $49 million authorized for FY 1977, 40 percent
[exploitation] development and conservation of these resources;
($20 million) will be spent during that year and 60 percent ($29 mil-
and
lion) will be spent in FY 1978.
(c) that aquaculture, as with agriculture on land, and the
The international cooperation and national programs are authorized
gainful use of marine resources can substantially benefit the
for the first time in this bill. They are expected, in general, to follow
United States, and ultimately the people of the world, by pro-
the same spend-out pattern as the rest of the Sea Grant Program-
viding greater economic opportunities, including expanded em-
except that for FY 1977, obligation of the funds and thus expendi-
ployment and commerce; the enjoyment and use of our marine
tures are expected to lag three or four months, because of the newness
resources; new sources of food; and new means for the develop-
of the programs. Therefore, of the $8 million authorized for these pro-
ment of marine resources; and
grams, about 30 percent ($2 million) will be spent in FY 1977 and 70
(d) that it is in the national interest to encourage the coopera-
percent ($6 million) will be spent in FY 1978.
tion among and joint participation by State and local government
6. Estimate comparison None.
agencies, industries, and educational institutions in the develop-
7. Previous CBO estimate: None.
ment and conservation of coastal and marine resources; and
8. Estimate prepared by Robert A. Sunshine.
[(d)](e) that Federal support toward the establishment, de-
9. Estimate approved by : James L. Blum, Assistant Director for
velopment, and operation of programs by sea grant colleges and
Budget Analysis.
Federal support of other sea grant programs designed to achieve
DEPARTMENTAL REPORTS
the gainful use of marine resources, offer the best means of pro-
moting programs toward the goals set forth in clauses (a), (b),
Reports were requested from the Departments of Commerce, State,
[and (c) (c), and (d), and should be undertaken by the Federal
Interior, the Environmental Protection Agency and the National
Government; and
Science Foundation. At the time this legislation was ordered reported,
12
13
[(e)](f) that in view of the importance of achieving the earli-
to the development of marine resources, the scientific community,
est possible institution of significant national activities related to
and the general public.
the development of marine resources, it is the purpose of this title
(c) Programs to carry out the purposes of this title shall be accom-
to provide for the establishment of a program of sea grant col-
plished through contracts with, or grants to, suitable public or private
leges and education, training, and research in the fields of marine
institutions of higher education, institutes, laboratories, and public
science, engineering, and related disciplines.
or private agencies which are engaged in, or concerned with, activities
in the various fields related to the development of marine resources,
GRANTS AND CONTRACTS FOR SEA GRANT COLLEGES AND PROGRAMS
for the establishment and operation by them of such programs.
SEC. 203. (a) The provisions of this title shall be administered by
(d) (1) The total amount of payments under any grant to or con-
the Secretary of Commerce (hereafter in this title referred to as the
tract with any participant in any program to be carried out by such
"Secretary").
participant under this title shall not exceed 662/3 per centum of the
(b) (1) For the purpose of carrying out this title (other than sec-
total cost of such program. The Secretary may grant total payments
tions 205 and 206) there is authorized to be appropriated to the Secre-
that exceed such per centum with respect to those programs or por-
tions of programs requested by the Secretary on his own initiative,
tary for the fiscal year ending June 30, 1967, not to exceed the sum of
upon his determination that the requirement for payments of 331/3
$5,000,000 for the fiscal year ending June 30, 1968, not to exceed the sum
per centum of the cost thereof by the participant would be inequitable
of $15,000,000, for the fiscal year ending June 30, 1969, not to exceed
relative to the benefits which the participant would receive therefrom.
the sum of $6,000,000, for the fiscal year ending June 30, 1970, not to
The total amount of payments to be made by the Federal Government
exceed the sum of $15,000,000, for the fiscal year ending June 30, 1971,
under all programs and portions of programs as to which the Secre-
not to exceed the sum of $20,000,000, for the fiscal year ending June 30,
tary shall in any fiscal year exercise his authority under the preceding
1972, not to exceed the sum of $25,000,000, for the fiscal year ending
sentence to reduce or eliminate matching payments by the participant
June 30, 1973, not to exceed the sum of $30,000,000, for the fiscal year
shall not exceed 1 per centum of the funds appropriated under this
ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal
title for such fiscal year. For purposes of computing the amount of the
year ending June 30, 1975, not to exceed the sum of $40,000,000, for the
total cost of any such program furnished by any participant, the
fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,
Secretary shall include in such computation an amount equal to the
for the fiscal year ending September 30, 1977, not to exceed the sum of
reasonable value of any buildings, facilities, equipment, supplies, or
$50,000,000, and for each subsequent fiscal year only such sums as the
services provided by such participant with respect to such program
Congress may hereafter specifically authorize by law.
(but not the cost or value of land or of Federal contributions).
(2) Amounts appropriated under this title are authorized to remain
(2) No portion of any payment by the Secretary to any participant
available until expended.
in any program to be carried out under this title shall be applied to the
purchase or rental of any land or the rental, purchase, construction,
MARINE RESOURCES
preservation, or repair of any building, dock, or [vessel: Provided,
SEC. 204. (a) In carrying out the provisions of this title the Secre-
That the] vessel. The prohibitions of this paragraph shall not apply
tary shall consult with those experts engaged in pursuits in the various
to (4) non-self-propelled habitats, buoys, platforms, or other similar
fields related to the development of marine resources and with all
devices or structures, used principally for research purposes, and (B)
departments and agencies of the Federal Government (including the
the payment for the services of research vessels and other ocean facili-
United States Office of Education in all matters relating to education)
ties directly supporting specific sea grant sponsored activities, as au-
interested in, or affected by, activities in any such fields.
thorized by the Secretary.
(b) The Secretary shall exercise his authority under this title by-
(3) The total amount of payments in any fiscal year by the Secre-
(1) initiating and supporting programs at sea grant colleges
tary to participants within any State shall not exceed 15 per centum
and other suitable institutes, laboratories, and public or private
of the total amount appropriated to the Secretary for the purposes of
agencies for the education of participants in the various fields
this title for such fiscal year.
relating to the development of marine resources;
(e) In allocating funds appropriated in any fiscal year for the pur-
(2) initiating and supporting necessary research programs in
poses of this title the Secretary shall endeavor to achieve maximum
the various fields relating to the development of marine resources,
participation by sea grant colleges and other suitable institutes, lab-
with preference given to research aimed at practices, techniques,
oratories, and public or private agencies throughout the United States,
and design of equipment applicable to the development of marine
consistent with the purposes of this title.
resources; and
(f) In carrying out his functions under this title, the Secretary
(3) encouraging and developing programs consisting of in-
shall attempt to support programs in such a manner as to supplement
struction, practical demonstrations, publications, and otherwise,
and not duplicate or overlap any existing and related Government
by sea grant colleges and other suitable institutes, laboratories,
activities.
and public or private agencies through marine advisory pro-
(g) Except as otherwise provided in this title, the Secretary, in
grams with the object of imparting useful information to per-
carrying out his functions under this title, has the same powers and
sons currently employed or interested in the various fields related
authority as has the National Science Foundation under the National
14
15
Science Foundation Act of 1950, as amended, to carry out its functions
[STUDY OF INTERNATIONAL MARINE TECHNOLOGY TRANSFER
under that Act.
(h) The head of each department, agency, or instrumentality of the
[SEC. 205. (a) The Secretary of Commerce is authorized and directed
Federal Government is authorized, upon request of the Secretary, to
to undertake, through the National Sea Grant College Program, a
make available to the Secretary, from time to time, on a reimbursable
study of the means of sharing, through cooperative programs with
basis, such personnel, services, and facilities as may be necessary to
other nations, the results of marine research useful in the exploration,
assist the Secretary in carrying out his functions under this title.
development, conservation, and management of marine resources.
(b) In carrying out the study required by subsection (a), the
(i) For the purposes of this title-
(1) the term "development of marine resources" means [scien-
Secretary is authorized, without regard for paragraphs (1) and (3)
tific] endeavors relating to the marine environment, including,
of section 204 (d), to enter into contracts with, and make grants to,
but not limited to, the fields oriented toward the development,
institutions, agencies, and organizations described in section
conservation, or economic utilization of the physical, chemical,
(c) The Secretary shall submit to the President and to the Con-
gress the results and findings of such study, including specific recom-
geological, and biological resources of the marine environment;
the fields of marine commerce and marine engineering; the fields
mendations, not later than September 30, 1974.
relating to exploration or research in, the recovery of natural
[(d) For the purpose of carrying out this section there is authorized
resources from, and the transmission of energy in, the marine
to be appropriated not to exceed the sum of $200,000.]
environment; the fields of oceanography and oceanology and the
INTERNATIONAL COOPERATION
fields with respect to the study of the economic, legal, medical, or
sociological recovery, and control of the natural resources of the
SEC. 205. (a) The Secretary is authorized to support and encourage
marine environment;
the advancement of research and development capabilities of other
[(2) the term "marine environment" means the oceans; the
nations relating to the exploration, conservation, and management of
Continental Shelf of the United States; the Great Lakes; the
marine resources, and to encourage the international sharing and ex-
seabed and subsoil of the submarine areas adjacent to the coasts
change of information with respect to such resources.
of the United States to the depth of two hundred meters, or be-
(b) In carrying out the provisions of this section, the Secretary is
yond that limit, to where the depths of the superjacent waters
authorized to support the funding of education and training of for-
admit of the exploitation of the natural resources of the area; the
eign nationals through sea grant colleges and other suitable institutes,
seabed and subsoil of similar submarine areas adjacent to the
laboratories, and public or private agencies of the United States, and
coasts of islands which comprise United States territory and the
to provide advice to foreign nations with respect to the development of
natural resources thereof
their marine resources. The provisions of paragraphs (1) and (3) of
(2) the term "marine environment" means the Great Lakes, the
section 204(d) of this title shall not apply to any payments made pur-
oceans (including the waters of the coastal zone as defined in sec-
suant to this section.
tion 304 (a) of the Coastal Zone Management Act of 1972 (16
(c) For purposes of carrying out the provisions of this section there
U.S.C. 1453 the Outer Continental Shelf of the United
is authorized to be appropriated not to exceed the sum of $3,000,000
States, the seabed and subsoil of submarine areas adjacent to the
for the fiscal year ending September 30, 1977. Amounts appropriated
coasts of islands which comprise United States territory, the sea-
under this section are authorized to remain available until expended.
bed and subsoil of submarine areas beyond the Outer Continental
Shelf, and the natural resources thereof;
NATIONAL PROGRAMS
(3) the term "sea grant college" means any suitable public or pri-
vate institution of higher education supported pursuant to the pur-
SEC. 206. (a) The Secretary, in addition to his authority under sec-
poses of this title which has major programs devoted to increasing our
tion 204 of this title, is authorized to enter into contracts with, or make
Nation's utilization of the world's marine resources and which is SO
grants to, organizations described in section 204(c) of this title, for
designated by the Secretary; and
purposes of conducting activities of a national scope and concern
(4) the term "sea grant program" means (A) any activities of
which are determined by the Secretary, on his own initiative, to be ap-
education or research related to the development of marine resources
propriate in assisting him in carrying out programs relating to the de-
supported by the Secretary by contracts with or grants to institutions
velopment, conservation, utilization, management, and protection of
of higher education either initiating, or developing existing pro-
the marine environment. The provisions of paragraphs (1) and (3) of
grams in fields related to the purposes of this title, (B) any activities
section 204(d) of this title and shall not apply to any payment made
of education or research related to the development of marine resources
pursuant to this section.
supported by the Secretary by contracts with or grants to suitable in-
(b) For purposes of carrying out the provisions of this section,
stitutes, laboratories, and public or private agencies, and (C) any pro-
there is authorized to be appropriated not to exceed the sum of $5,000,-
grams of advisory services oriented toward imparting information
000 for the fiscal year ending September 30, 1977. Amounts appropri-
in fields related to the development of marine resources supported by
ated under this section are authorized to remain available until
the Secretary by contracts with or grants to suitable institutes, labora-
expended.
tories, and public or private agencies.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1556
SEA GRANT PROGRAM IMPROVEMENT ACT OF 1976
SEPTEMBER 15, 1976.-Ordered to be printed
Mrs. SULLIVAN, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 13035]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 13035) to
amend the National Sea Grant College and Program Act of 1966,
having met, after full and free conference, have agreed to recom-
mend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate to the text of the bill and agree to the same with an amend-
ment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
That this Act may be cited as the "Sea Grant Program Improvement
Act of 1976".
SEC. 2. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE AND
PROGRAM ACT OF 1966.
Title II of the Marine Resources and Engineering Development
Act of 1966 (33 U.S.C. 1101 et seq.) is amended to read as follows:
TITLE II-NATIONAL SEA GRANT PROGRAM
"SEC. 201. SHORT TITLE.
"This title may be cited as the 'National Sea Grant Program Act'.
"SEC. 202. DECLARATION OF POLICY.
"(a) FINDINGS.-The Congress finds and declares the following:
" (1) 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 and coastal
resources. These resources supply food, energy, and minerals and
contribute to human health, the quality of the environment. na-
tional security, and the enhancement of commerce.
57-006 0
2
3
"(2) The understanding, assessment, development, utilization,
(7) The term 'ocean and coastal resource' means any resource
and conservation of such resources require a broad commitment
(whether living, nonliving, manmade, tangible, intangible, ac-
and an intense involvement on the part of the Federal Govern-
tual, or potential) which is located in, derived from, or traceable
ment in continuing partnership with State and local govern-
to, the marine environment. Such term includes the habitat of
ments, private industry, universities, organizations, and individ-
any such living resourcè, the coastal space, the ecosystems, the
uals concerned with or affected by ocean and coastal resources.
nutrientrich areas, and the other components of the marine en-
(3) The National Oceanic and Atmospheric Administration,
vironment which contribute to or provide (or which are capable
through the national sea grant program, offers the most suitable
of contributing to or providing) recreational, scenic, esthetic, bio-
locus and means for such commitment and involvement through
logical, habitational, commercial, economic, or conservation values.
the promotion of activities that will result in greater such un-
Living resoures include natural and cultural plant life, fish, shell-
derstanding, assessment, development, utilization, and conserva-
fish, marine mammals, and wildlife. Nonliving resources include
tion. Continued and increased Federal support of the establish-
energy sources, minerals, and chemical substances.
ment, development, and operation of programs and projects by
(8) The term "panel' means the sea grant review panel estab-
sea grant colleges, sea grant regional consortia, institutions of
lished under section 209.
higher education, institutes, laboratories, and other appropriate
(9) The term 'person' means any individual; any public or
public and private entities is the most cost-effective way to pro-
private corporation, partnership, or other association or entity
mote such activities.
(including any sea grant college, sea grant regional consortium,
"(b) Овлестіvе.-The objective of this title is to increase the under-
institution of higher education, institute, or laboratory); or any
standing, assessment, development, utilization, and conservation of
State, political subdivision of a State, or agency or officer thereof.
the Nation's ocean and coastal resources by providing assistance to pro-
(10) The term 'sea grant college' means any public or private
mote a strong educational base, responsive research and training activi-
institution of higher education which is designated as such by the
ties, and broad and prompt dissemination of knowledge and techniques.
Secretary under section 207.
(c) PURPOSE.-It is the purpose of the Congress to achieve ob-
(11) The term 'sea grant program' means any program
jective of this title by extending and strengthening the national sea
which-
grant program, initially established in 1966, to promote research, ed-
"(A) is administered by any sea grant college, sea grant
ucation, training, and advisory service activities in fields related to
regional consortium, institution of higher education, insti-
ocean and coastal resources.
tute, laboratory, or State or local agency; and
"SEC. 203. DEFINITIONS.
(B) includes two or more projects involving one or more
"As used in this title-
of the following activities in fields related to ocean and coastal
resources:
"(1) The term 'Administration' means the National Oceanic
and Atmospheric Administration.
"(i) research,
'(2) The term 'Administrator' means the Administrator of
(ii) education,
the National Oceanic and Atmospheric Administration.
(iii) training, or
(3) The term 'Director' means the Director of the national sea
(iv) advisory services.
grant program, appointed pursuant to section 204(b).
'(12) The term 'sea grant regional consortium' means any as-
'(4) The term "field related to ocean and coastal resources'
sociation or other alliance which is designated as such by the
Secretary under section 207.
means any discipline or field (including marine science (and the
physical, natural, and hiological sciences, and engineering, in-
(13) The term 'Secretary' means the Secretary of Commerce.
cluded therein), marine technology, education, economics, sociol-
(14) The term 'State' means any State of the United States,
ogy, communications, planning, law, international affairs, and
the District of Columbia, the Commonwealth of Puerto Rico, the
public administration) which is concerned with or likely to im-
Virgin Islands, Guam, American Samoa, the Commonwealth of
prove the understanding, assessment, development, utilization, or
the Mariana Islands, or any other territory or possession of the
United States.
conservation of ocean and coastal resources.
'(5) The term 'includes' and variants thereof should be read
"SEC. 204. NATIONAL SEA GRANT PROGRAM.
as if the phrase 'but is not limited to' were also set forth.
(a) IN GENERAL.-The Secretary shall maintain, within the Ad-
(6) The term 'marine environment' means the coastal zone, as
ministration, a program to be known as the national sea grant pro-
defined in section 304(1) of the Coastal Zone Management Act of
gram. The national sea grant program shall consist of the financial
1972 (16 U.S.C. 1453(1)) ; the seabed, subsoil, and waters of the
assistance and other activities provided for in this title. The Secretary
territorial sea of the United States; the waters of any zone over
shall establish long-range planning guidelines and priorities for, and
which the United States asserts exclusive fishery management
adequately evaluate, this program.
authority; the waters of the high seas; and the seabed and subsoil
"(b) DIRECTOR.-(1) The Secretary shall appoint a Director of
of and beyond the outer Continental Shelf.
the national sea grant program who shall be a qualified individual
who has-
4
5
"(A) knowledge or expertise in fields related to ocean and
'(5) accept donations and voluntary and uncompensated serv-
coastal resources; and
ices, notwithstanding section 3679 of the Revised Statutes of the
(B) appropriate administrative experience.
United States (31 U.S.C. 665 ; and
(2) The Director shall be appointed and compensated, without
(6) issue such rules and regulations as may be necessary and
regard to the provisions of title 5, United States Code, governing
appropriate.
appointments in the competitive service, at a rate not in excess of the
"SEC. 205. CONTRACTS AND GRANTS.
maximum rate for GS-18 of the General Schedule under section 5332
"(a) IN GENERAL.-The Secretary may make grants and enter into
of such title.
contracts under this subsection to assist any sea grant program or
(c) DUTIES.-The Director shall administer the national sea grant
project if the Secretary finds that such program or project will-
program subject to the supervision of the Secretary and the Admin-
'(1) implement the objective set forth in section 202(b) ; and
istrator. In addition to any other duty prescribed by law or assigned
"(2) be responsive to the needs or problems of individual States
by the Secretary, the Director shall-
or regions.
"(1) apply the long-range planning guidelines and the priorities
The total amount paid pursuant to any such grant or contract may
established by the Secretary under subsection (α) ;
equal 662/3 percent, or any lesser percent, of the total cost of the sea
"(2) advise the Administrator with respect to the expertise and
grant program or project involved.
capabilities which are available within or through the national
(b) SPECIAL GRANTS.-The Secretary may make special grants
sea grant program, and provide (as directed by the Administra-
under this subsection to implement the objective set forth in section
tor) those which are or could be of use to other offices and activities
202(b). The amount of any such grant may equal 100 percent, or any
within the Administration;
lesser percent, of the total cost of the project involved. No grant may
"(3) evaluate activities conducted under grants and contracts
be made under this subsection unless the Secretary finds that—
awarded pursuant to sections 205 and 206 to assure that the objec-
(1) no reasonable means is available through which the appli-
tive set forth in section 202 (b) is implemented;
cant can meet the matching requirement for a grant under sub-
"(4) encourage other Federal departments, agencies, and in-
section (a);
strumentalities to use and take advantage of the expertise and
(2) the probable benefit of such project outweighs the public
capabilities which are available through the national sea grant
interest in such matching requirement; and
program, on a cooperative or other basis;
(3) the same or equivalent benefit cannot be obtained through
"(5) advise the Secretary on the designation of sea grant col-
the award of a contract or grant under subsection (a) or section
leges and sea grant regional consortia and, in appropriate cases,
206.
if any, on the termination or suspension of any such designation;
The total amount which may be provided for grants under this sub-
and
section during any fiscal year shall not exceed an amount equal to 1
"(6) encourage the formation and growth of sea grant pro-
percent of the total funds appropriated for such year pursuant to
grams.
section 212.
(d) Powers.-To carry out the provisions of this title, the Secre-
(c) ELIGIBILITY AND PROCEDURE.-Any person may apply to the
tary may-
Secretary for a grant or contract under this section. Application shall
(1) appoint, assign the duties, transfer, and fix the compensa-
be made in such form and manner, and with such content and other
tion of such personnel as may be necessary, in accordance with
submissions, as the Secretary shall by regulation prescribe. The Secre-
the civil service laws; except that five positions may be established
tary shall act upon each such application within 6 months after the
without regard to the provisions of title 5, United States Code,
date on which all required information is received.
governing appointments in the competitive service, but the pay
(d) TERMS AND CONDITIONS.-(1) Any grant made, or contract
rates for such positions may not exceed the maximum rate for
entered into, under this section shall be subject to the limitations and
GS-18 of the General Schedule under section 5332 of such title;
provisions set forth in paragraphs (2), (3), and (4) and to such other
"(2) make appointments with respect to temporary and inter-
terms, conditions, and requirements as the Secretary deems necessary
mittent services to the same extent as is authorized by section 3109
or appropriate.
of title 5, United States Code;
(2) No payment under any grant or contract under this section
"(3) publish or arrange for the publication of, and otherwise
may be applied to-
disseminate, in cooperation with other services, offices, and pro-
"(A) the purchase or rental of any land; or
grams in the Administration, any information of research, edu-
"(B) the purchase, rental, construction, preservation, or repair
cational, training, and other value in fields related to ocean and
of any building, dock, or vessel;
coastal resources and with respect to ocean and coastal resources,
except that payment under such grant or contract may, if approved
without regard to section 501 of title 44, United States Code;
by the Secretary, be applied to the purchase, rental, construction, pres-
"(4) enter into contracts, cooperative agreements, and other
ervation, or repair of non-self-propelled habitats, buoys, platforms,
transactions without regard to section 3709 of the Revised Statutes
and other similar devices or structures, or to the rental of any research
of the United States (41 U.S.C.5);
6
7
vessel which is used in direct support of activities under any sea grant
program or project.
"(B) any association or other alliance of two or more persons
(3) The total amount which may be obligated for payment pur-
(other than individuals) as a sea grant regional consortium.
suant to grants made to, and contracts entered into with, persons under
'(2) No institution of higher education may be designated as a
this section within any one State in any fiscal year shall not exceed an
sea grant college unless the Secretary finds that such institution-
amount equal to 15 percent of the total funds appropriated for such
'(A) is maintaining a balanced program of research, edu-
year pursuant to section 212.
cation, training, and advisory services in fields related to ocean
"(4) Any person who receives or utilizes any proceeds of any grant
and coastal resources and has received financial assistance under
or contract under this section shall keep such records as the Secretary
section 205 of this title or under section 204(c) of the National
shall by regulation prescribe as being necessary and appropriate to
Sea Grant College and Program Act of 1966;
facilitate effective audit and evaluation, including records which fully
"(B) will act in accordance with such guidelines as are pre-
disclose the amount and disposition by such recipient of such proceeds,
scribed under subsection (b) (2) ; and
the total cost of the program or project in connection with which such
"(0) meets such other qualifications as the Secretary deems
proceeds were used, and the amount, if any, of such cost which was
necessary or appropriate.
provided through other sources. Such records shall be maintained for
The designation of any institution as a sea grant college under the
3 years after the completion of such a program or project. The Secre-
authority of such Act of 1966 shall, if such designation is in effect
tary and the Comptroller General of the United States, or any of
on the day before the date of the enactment of the Sea Grant Pro-
their duly authorized representatives, shall have access, for the pur-
gram Improvement Act of 1967, be considered to be a designation
pose of audit and evaluation, to any books, documents, papers, and
made under paragraph (1) 80 long as such institution complies with
records of receipts which, in the opinion of the Secretary or of the
subparagraphs (B) and (C).
Comptroller General, may be related or pertinent to such grants and
(3) No association or other atliance of two or more persons may
contracts.
be designated as a sea grant regional consortium unless the Secretary
"SEC. 206. NATIONAL PROJECTS
finds that such association or alliance-
"(a) IN GENERAL.-The Secretary shall identify specific national
"(A) is established for the purpose of sharing expertise, re-
needs and problems with respect to ocean and coastal resources. The
search, educational facilities, or training facilities, and other
Secretary may make grants or enter into contracts under this section
capabilities in order to facilitate research, education, training,
with respect to such needs or problems. The amount of any such grant
and advisory services, in any field related to ocean and coastal
or contract may equal 100 percent, or any lesser percent, of the total
resources;
cost of the project involved.
"(B) will encourage and follow a regional approach to solving
"(b) ELIGIBILITY AND PROCEDURE.-Any person may apply to the
problems or meeting needs relating to ocean and coastal re-
Secretary for a grant or contract under this section. In addition, the
sources, in cooperation with appropriate sea grant colleges, sea
Secretary may invite applications with respect to specific national
grant programs, and other persons in the region;
needs or problems identified under subsection (a). Application shall
"(C) will act in accordance with such guidelines as are pre-
be made in such form and manner, and with such content and other
scribed under subsection (b) (2) ; and
submissions, as the Secretary shall by regulation prescribe. The Secre-
"(D) meets such other qualifications as the Secretary deems
tary shall act upon each such application within 6 months after the
necessary or appropriate.
date on which all required information is received. Any grant made,
"(b) REGULATIONS.-The Secretary shall by regulation prescribe-
or contract entered into, under this section shall be subject to the limi-
"(1) the qualifications required to be met under paragraphs
tations and provisions set forth in section 205(d) (2) and (4) and
(2) (σ) and (3) (D) of subsection (a); and
to such other terms, conditions, and requirements as the Secretary
"(2) guidelines relating to the activities and responsibilities
deems necessary or appropriate.
of sea grant colleges and sea grant regional consortia.
(c) AUTHORIZATION FOR APPROPRIATIONS.-There is authorized to be
"(c) SUSPENSION OR TERMINATION OF DESIGNATION.-The Secretary
appropriated for purposes of carrying out this section not to exceed
may, for cause and after an opportunity for hearing, suspend or
$5,000,000 for the fiscal year ending September 30, 1977. Such sums
terminate any designation under subsection (a).
as may be appropriated pursuant to this subsection shall remain avail-
"SEC. 208. SEA GRANT FELLOWSHIPS.
able until expended. The amounts obligated to be expended for the
(a) IN GENERAL.-The Secretary shall support a sea grant fellow-
purposes set forth in subsection (a) shall not, in any fiscal year, exceed
ship program to provide educational and training assistance to quali-
an amount equal to 10 percent of the sums appropriated for such year
fied individuals at the undergraduate and graduate levels of edu-
pursuant to section 212.
cation in fields related to ocean and coastal resources. Such fellow-
"SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CON-
ships shall be awarded pursuant to guidelines established by the
SORTIA.
Secretary. Sea grant fellowships may only be awarded by sea grant
(a) DESIGNATION.-(1) The Secretary may designate-
colleges, sea grant regional consortia, institutions of higher education,
"(A) any institution of higher education as a sea grant college;
and professional associations and institutes.
and
8
9
"(b) LIMITATION ON TOTAL FELLOWSHIP GRANTS.-The total amount
individual may be appointed as a voting member after serving one
which may be provided for grants under the sea grant fellowship pro-
full term as such a member. A voting member may serve after the
gram during any fiscal year shall not exceed an amount equal to 5 per-
date of the expiration of the term of office for which appointed until
cent of the total funds appropriated for such year pursuant to
his or her successor has taken office, or until 90 days after such date,
section 212.
whichever is earlier.
"SEC. 209. SEA GRANT REVIEW PANEL.
(4) The panel shall select one voting member to serve as the Chair-
'(a) ESTABLISHMENT.-There shall be established an independent
man and another voting member to serve as the Vice Chairman. The
committee to be known as the sea grant review panel. The panel
Vice Chairman shall act as Chairman in the absence or incapacity of
shall, on the 60th day after the date of the enactment of the Sea
the Chairman.
Grant Program Improvement Act of 1976, supersede the sea grant
(5) Voting members of the panel shall-
advisory panel in existence before such date of enactment.
(A) receive compensation at the daily rate for GS-18 of the
"(b) DUTIES.-The panel shall take such steps as may be necessary
General Schedule under section 5332 of title 5, United States Code,
to review, and shall advise the Secretary, the Administrator, and the
when actually engaged in the performance of duties for such
Director with respect to-
panel; and
"(1) applications or proposals for, and performance under,
(B) be reimbursed for actual and reasonable expenses incurred
grants and contracts awarded under sections 205 and 206;
in the performance of such duties.
(2) the sea grant fellowship program;
(6) The panel shall meet on a biannual basis and, at any other time,
(3) the designation and operation of sea grant colleges and
at the call of the Chairman or upon the request of a majority of the
sea grant regional consortia, and the operation of sea grant
voting members or of the Director.
(7) The panel may exercise such powers as are reasonably necessary
programs;
(4) the formulation and application of the planning guidelines
in order to carry out its duties under subsection (b)
and priorities under section 204 (a) and (c) (1) and
"SEC. 210. INTERAGENCY COOPERATION.
" (5) such other matters as the Secretary refers to the panel for
"Each department, agency, or other instrumentality of the Federal
review and advice.
Government which is engaged in or concerned with, or which has au-
The Secretary shall make available to the panel such information,
thority over, matters relating to ocean and coastal resources-
personnel, and administrative services and assistance as it may rea-
(1) may, upon a written request from the Secretary, make avail-
sonably require to carry out its duties.
able, on a reimbursable basis or otherwise, any personnel (with
"(c) MEMBERSHIP TERMS, AND POWERS.-(1) The panel shall
their consent and without prejudice to their position and rating),
consist of 15 voting members who shall be appointed by the Secretary.
service, or facility which the Secretary deems necessary to carry
The Director shall serve as a nonvoting member of the panel. Not
out any provision of this title;
less than five of the voting members of the panel shall be individuals
(2) shall, upon a written request from the Secretary, furnish
who, by reason of knowledge, experience, or training, are especially
any available data or other information which the Secretary deems
qualified in one or more of the disciplines and fields included in
necessary to carry out any provision of this title; and
marine science. The other voting members shall be individuals who,
(3) shall cooperate with the Administration and duly author-
by reason of knowledge, experience, or training, are especially quali-
ized officials thereof.
fied in, or representative of, education, extension services, State gov-
"SEC. 211. ANNUAL REPORT AND EVALUATION.
ernment, industry, economics, planning, or any other activity which
(a) ANNUAL REPORT.-The Secretary shall submit to the Congress
is appropriate to and important for, any effort to enhance the under-
and the President, not later than February 15 of each year, a report on
standing, assessment, development, utilization or conservation of ocean
the activities of, and the outlook for, the national sea grant program.
and coastal resources. No individual is eligible to be a voting member
(b) EVALUATION.-The Director of the Office of Management and
of the panel if the individual is (A) the director of a sea grant college,
sea grant regional consortium, or sea grant program; (B) an appli-
Budget and the Director of the Office of Science and Technology
Policy, in the Executive Office of the President, shall have the oppor-
cant for, or beneficiary (as determined by the Secretary) of, any grant
tunity to review each report prepared pursuant to subsection (a). Such
or contract under section 205 or 206; or (C) a full-time officer or
Directors may submit, for inclusion in such report, comments and
employee of the United States.
recommendations and an independent evaluation of the national sea
(2) The term of office of a voting member of the panel shall be
grant program. Such material shall be transmitted to the Secretary
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,
not later than February 1 of each year, and the Secretary shall cause
and five shall be appointed for a term of 3 years.
it to be published as a separate section in the annual report submitted
pursuant to subsection (a):
.66 (13) Any individual appointed to fill a vacancy occurring before
the expiration of the term for which his or her predecessor was ap-
"SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.
pointed shall be appointed only for the remainder of such term. No
"There is authorized to be appropriated for purposes of carrying
out the provisions of this title (other than section 206) not to exceed
10
11
$50,000,000 for the fiscal year ending September 30, 1977. Such sums as
may be appropriated under this section shall remain available until
(2) The individual serving as the Associate Administrator of the
expended.".
National Oceanic and Atmospheric Administration (pursuant to sec-
tion 2(d) of Reorganization Plan Numbered 4 of 1970) on the date
SEC. 3. INTERNATIONAL COOPERATION ASSISTANCE.
of the enactment of this Act shall continue as the Associate Administra-
(a) IN GENERAL.-The Secretary of Commerce (hereafter in this
tor, notwithstanding the provisions of paragraph (1).
section referred to as the "Secretary") may enter into contracts and
And the Senate agree to the same.
make grants under this section to-
That the House recede from its disagreement to the amendment
(1) enhance the research and development capability of devel-
of the Senate to the title of the bill.
oping foreign nations with respect to ocean and coastal resources,
LEONOR K. SULLIVAN,
as such term is defined in section 203 of the National Sea Grant
ToM N. DOWNING,
Program Act; and
PAUL G. ROGERS,
(2) promote the international exchange of information and
JOHN M. MURPHY,
data with respect to the assessment, development, utilization, and
JOHN BREAUX,
conservation of such resources.
PHILIP E. RUPPE,
(b) ELIGIBILITY AND PROCEDURE.-Any sea grant college and sea
C.A. MOSHER,
grant regional consortium (as defined in section 203 of the National
Managers on the Part of the House.
Sea Grant Program Act) and any institution of higher education,
WARREN G. MAGNUSON,
laboratory, or institute (if such institution, laboratory, or institute is
ERNEST F. HOLLINGS,
located within any State (as defined in such section 203)) may apply
TED STEVENS,
for and receive financial assistance under this section. Each grant or
CLAIBORNE PELL,
contract under this section shall be made pursuant to such require-
ALAN CRANSTON,
ments as the Secretary shall, after consultation with the Secretary of
J. JAVITS,
State, by regulation prescribe. Application shall be made in such form,
Managers on the Part of the Senate.
and with such content and other submissions, as may be 80 required.
Before approving any application for a grant or contract under this
section, the Secretary shall consult with the Secretary of State. Any
grant made, or contract entered into, under this section shall be subject
to the limitations and provisions set forth in section 205 (d) (2) and (4)
of the National Sea Grant Program Act and to such other terms, con-
ditions, and requirements as the Secretary deems necessary or
appropriate.
(c) AUTHORIZATION FOR APPROPRIATIONS-There is authorized to
be appropriated for purposes of carrying out this section not to exceed
$3,000,000 for the fiscal year ending September 30, 1977. Such sums
as may be appropriated under this section shall remain available until
expended.
SEC. 4 CONFORMING AND MISCELLANEOUS PROVISIONS
(a) Section 5314 of title 5, United States Code, is amended by
adding at the end thereof the following new paragraph:
"(65) Administrator, National Oceanic and Atmospheric
Administration.".
(b) Section 5315 of title 5, United States Code, is amended by adding
at the end thereof the following new paragraphs:
'(109) Deputy Administrator, National Oceanic and Atmos-
pheric Administration.
"(110) Associate Administrator, National Oceanic and Atmos-
pheric Administration.".
(c) (1) Section 2(d) of Reorganization Plan Numbered 4 of 1970
(84 Stat. 2090) is amended by striking out "Level V" and (5 U.S.C.
5316)" and inserting in lieu thereof "Level IV" and (5 U.S.C.
5315)", respectively.
JOINT EXPLANATORY STATEMENT OF THE
COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the con-
ference on the disagreeing votes of the two Houses on the amend-
ments of the Senate to the bill (H.R. 13035) to amend the National
Sea Grant College and Program Act of 1966, submit the following
joint statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and recommended
in the accompanying conference report:
The Senate amendments struck out all of the House bill after the
enacting clause and inserted a substitute text and provided a new
title for the House bill. The House disagreed to the Senate amend-
ments.
The committee of conference recommends that the House recede
from its disagreement to the amendment of the Senate to the text of
the House bill, with an amendment which is a substitute for both the
text of the House bill and the Senate amendment to the text of the
House bill. The committee of conference also recommends that the
House recede from its disagreement to the amendment of the Senate
to the title of the House bill.
The provisions of the amendment recommended by the committee of
conference are set forth below in a manner sufficiently detailed and
explicit to inform the House and the Senate as to the effect which the
amendment contained in the accompanying conference report will have
upon the measure to which it relates.
SUMMARY AND DESCRIPTION
The purpose of the conference substitute is to improve and strengthen
the national sea grant program and to increase the understanding,
assessment, development, utilization, and conservation of ocean and
coastal resources upon which the quality of life of the major portion
of this Nation's population is increasingly dependent.
Both the House bill and the Senate amendment extended the opera-
tion of the national sea grant program in the National Oceanic and
Atmospheric Administration by authorizing appropriations for an
additional period of time. The House bill authorized appropriations
for one additional fiscal year, through September 30, 1977, essen-
tially as an interim extension. The Committee on Merchant Marine
and Fisheries of the House of Representatives determined to conduct
a comprehensive review of the entire program in the 95th Congress
before authorizing any longer term extension. The Senate amend-
ment authorized appropriations for three additional fiscal years,
through September 30, 1978. This was a result of the investigations
and conclusions reached by the Senate Committees on Labor and Pub-
lic Welfare and on Commerce in regard to the program. The conferees
(13)
14
15
adopted some of the changes included in the Senate amendment but
of the conferees that the Congress should be provided with the kind
followed the House bill in limiting the extension of the program to
of information and evaluation that will assist it in the performance
only one additional fiscal year. During this period the Committees can
of its oversight and policymaking responsibilities.
continue their review of the program, with special attention paid to the
Both the 1966 Act and the Senate amendment contained provisions
implementation of the changes included in the conference substitute
to facilitate better utilization of the national sea grant program
and the effect of these changes.
through interagency cooperation. The conference substitute includes
At present, the national sea grant program is limited to providing
such a provision.
financial assistance primarily for programs or projects designed to
The other changes in the national sea grant program which are in-
meet the needs of individual States and localities. Both the House bill
cluded in the conference substitute are set forth in the section-by-
and the Senate amendment authorized the national sea grant pro-
section discussion portion of this statement of managers.
gram, directly in the case of the House bill and indirectly in the case
Both the House bill and the Senate amendment directed the United
of the Senate amendment, to assist national projects which are re-
States to provide assistance to developing foreign nations to increase
sponsive to national needs or problems. This provision is included in
the capabilities of such nations in the management and utilization of
the conference substitute in a form which represents an amalgam of
ocean and coastal resources. This provision is included in the con-
the two provisions.
ference substitute in a form which represents an amalgam of the two
The Senate amendment made a number of substantive and technical
provisions.
changes in the Act which created the national sea grant program (the
The Senate amendment included a title II which set forth a pro-
National Sea Grant Program and College Act of 1966) and set them
gram for a national marine science and technology policy within the
forth as a single amendment to that Act. The House bill did not
National Oceanic and Atmospheric Administration under an Asso-
include a comparable provision, although certain of these changes were
ciate Administrator and a new Office of Marine Resources, Science,
set forth in the House bill in the form of separate amendments to the
and Technology. The House bill contained no comparable provision.
1966 Act. The conference substitute follows the Senate amendment in
The conference substitute follows the House bill in this regard, with
this regard, but with some significant changes to the substance of the
the Senate conferees having agreed to recede from their position. The
Senate amendment:
conferees agreed, however, that there is a pressing need to define and
Contracts and grants are to be made consistent with the objective
set forth in precise detail a national ocean policy for the United States.
of this title, and subject to terms and conditions which incorporate
It is the intent of the conferees to proceed towards this goal within
changes suggested by the House conferees which clarify the Senate
their respective committees during the next Congress.
amendment.
The Congress has noted with dismay the worsening financial condi-
Sea grant colleges and sea grant regional consortia are to be desig-
tion of the national sea grant program. Essentially level funding over
nated pursuant to specific findings made, and regulations promulgated
the past half decade has not only drastically reduced the program's
by, the Secretary of Commerce. The authority of the Secretary to
buying power, but has prevented the program from progressing as
suspend or terminate such a designation is retained in the same form
rapidly as was originally envisioned toward one of its most important
as proposed by the Senate.
goals: the formation of a strong coastal and Great Lakes network of
The Senate amendment established a sea grant fellowship program
centers of excellence in marine research, education, training, and ad-
as a means to encourage and recognize the efforts of qualified graduates
visory services.
and undergraduates in fields related to ocean and coastal resources.
In light of the changes made in this legislation, the conferees would
The conference substitute follows this provision.
now encourage the program's managers to give serious consideration
The Senate amendment contained a provision establishing an inde-
to the possibilities of slow and careful augmentation of the network,
pendent sea grant review panel to provide improved review of the
SO long as this action seems justified according to the guidelines and
national sea grant program and to enhance the information available
criteria called for by the conference substitute and in keeping with re-
for congressional oversight. The conference substitute includes this
sponsible program management and the funds available to the
provision but with modifications which reflect the desires and concerns
program.
of the House conferees to focus and clarify the duties of the
SECTION-BY-SECTION DISCUSSION
panel in a more appropriate manner, and to establish criteria for
membership.
Section 1. Short title
Title II of the Senate amendment provided for an annual report
The first section of the conference substitute follows the Senate
and evaluation to be prepared with respect to the National Oceanic
amendment in providing that the short title of this legislation is the
and Atmospheric Administration, which necessarily would include a
"Sea Grant Program Improvement Act of 1976."
discussion of the national sea grant program. Since the conferees
did not adopt most of the provisions of title II of the Senate amend-
Section 2. Amendment to the National Sea Grant College and Pro-
ment, the conference substitute has been narrowed to provide for an
gram Act of 1966.
annual report and evaluation only with respect to the national sea grant
This section follows the House bill or the Senate amendment, or
program. This provision of the conference substitute reflects the view
both, in amending the National Sea Grant College and Program Act
16
17
of 1966 (which is title II of the Marine Resources and Engineering
The section defines the term "sea grant program" to reflect the spe-
Act of 1966) as follows:
cific activities to be conducted pursuant to this title. Such a program
Section 201 provides that the short title of this legislation is
must be administered by a sea grant college, sea grant regional con-
the "National Sea Grant Program Act".
sortium, other institution of higher education, institute, laboratory or
Section 202 sets forth the findings, of Congress and the objective
State or local agency, and it must include two or more projects involv-
and purpose of the title. The national sea grant program, initially
ing research, education, training, or advisory services in fields related
established in 1966, shall be extended and strengthened to promote
to ocean and coastal resources.
research, education, training, and advisory service activities in fields
Section 204 directs the Secretary of Commerce to maintain a national
related to ocean and coastal resources through federal support to sea
sea grant program within NOAA to be administered by a Director
grant colleges, sea grant regional consortia, and other institutions,
appointed by the Secretary. The qualifications of the Director are set
through the National Oceanic and Atmospheric Administration
forth as well as specific duties. The Director shall-(1) apply long-
(NOAA). Education, training, research or advisory services activities
range guidelines and implement priorities established by the Secre-
should not be funded under the national sea grant program unless they
tary; (2) advise the NOAA Administrator of program expertise and
are responsive to State, local, regional, or national needs or problems.
capabilities beneficial to other offices of NOAA; (3) assure that Feder-
Section 203, the Definitions section, follows the House bill or the
ally-funded sea grant projects comply with the objective of this title;
Senate amendment, or both, by adding new definitions to the title or
(4) encourage the sharing of program expertise and capabilities with
by modifying definitions used in the Act of 1966. The terms "Adminis-
other Federal agencies; (5) advise the Secretary on the designation (or
tration" and "Administrator" are added to reflect changes made by
termination or suspension of such designation) of sea grant colleges
the transfer of the National Sea Grant Program (under Reorganiza-
and sea grant regional consortia; and (6) encourage the formation and
tion Plan Numbered Four of 1970) from the National Science Founda-
growth of sea grant programs.
tion to the National Oceanic and Atmospheric Administration.
The section also grants certain powers which are necessary to carry
The term "marine environment" follows the House bill and the
out the title. The Act of 1966 as amended, by declaring that "the Secre-
Senate amendment. The term is meant to include the coastal zone, as
tary, in carrying out his functions under this title, has the same powers
defined in the Coastal Zone Management Act of 1972; the seabed, sub-
and authority as has the National Science Foundation under the
soil, and waters of the territorial sea of the United States; the waters
National Science Foundation Act of 1950", provides that the sea grant
of any zone over which the United States asserts exclusive fishery man-
program may employ "such technical and professional personnel" as
agement authority; the waters of the high seas; and the seabed and
the Secretary "may deem necessary", without regard to the civil service
subsoil of and beyond the outer Continental Shelf. The term "outer
laws. The conference substitute restricts this power to create excepted
Continental Shelf" as used in this definition is intended to have the
(i.e. non-civil service) positions by limiting to 5 the number thereof.
same meaning as in section 2(a) of the Outer Continental Shelf Lands
The present authority to publish or arrange for publication of infor-
Act of 1953 (43 U.S.C. 1331 (a)).
mation, which is also based in the Science Foundation Act, is included
The term "ocean and coastal resource" means any living, non-living,
in the conference substitute but with the modification that such infor-
manmade, tangible, intangible, actual, or potential resource which is
mation shall be disseminated by the sea grant program "in cooperation
located in, derived from, or traceable to the marine environment. Spe-
with" the other entities within NOAA (such as the National Marine
cific examples of those resources which are meant to be included are
Fisheries Service and the Coastal Zone Management Office).
enumerated.
Section 205 authorizes the Secretary to make grants and enter into
The term "Director" means the Director of the national sea grant
contracts to assist any sea grant program or project found to imple-
program appointed pursuant to section 204 (b) of this title.
ment objectives and be responsive to needs and problems of individual
The term "field related to ocean and coastal resources" follows the
states or regions through grants or contracts not exceeding 66% of
Senate amendment to include any discipline or field "which is con-
the cost of the program or project involved. Special grants of up to
cerned with or likely to improve the understanding, assessment, devel-
100% may be made, from up to 1% of funds appropriated, for purposes
opment, utilization, or conservation of ocean or coastal resources".
unable to be achieved through matching grants. Certain terms and con-
The section defines "person" to mean any individual, any public or
ditions are listed in this section which follow the House bill and the
private corporation, partnership, or other association or entity (in-
Senate amendment. No financial assistance can be provided by the
cluding any sea grant college, sea grant regional consortium, institution
Secretary if the proceeds "will be applied to the purchase or rental of
of higher education, institute, or laboratory) ; or any State, political
any land or to the purchase, rental, construction, preservation, or repair
subdivision of a State, or agency or officer thereof.
of any building, dock, or vessel." An exception to this prohibition is
The definition of the term "panel" means the sea grant review panel
provided to allow funds to be used for the purchase, rental, construc-
established in section 209 of this title.
tion, preservation, or repair of non-self-propelled habitats, buoys,
The terms "sea grant college" and "sea grant regional consortium"
platforms, and other similar devices or structures, or to the rental of
mean those colleges and association or alliances of persons which are
any research vessel which is used in direct support of activities under a
designated as such pursuant to section 207 of this title.
sea grant program. The exceptions relating to stationary habitats,
19
18
consortium will encourage and follow a regional approach to solving
buoys, platforms, and similar devices is included in present law SO that
problems or meeting needs relating to ocean and coastal resources.
the one additional exception provided for in this conference substitute
While the sea grant regional consortium can be designated as such
pertains to the rental of research vessels. This provision follows the
based on a finding that it will provide one or more of the services
House bill and the Senate amendment. When the original Act was
enumerated in the legislation (i.e., research, education, training, or
enacted in 1966, it was thought that funds for the purchase of ship time
advisory services) it is essential that it be required to provide all
could be drawn from other sources within the National Science Foun-
four services as soon as is practicable after designation. Each sea grant
dation. Because of Federal funding constraints imposed upon the sci-
college must maintain a balanced program of research, education,
entific community during recent years, many of the former sources of
training, and advisory services in fields related to ocean and coastal
research grants are no longer in a position to be able to assist sea grant
resources. The conferees intend that designation as a sea grant college
programs. Therefore, this flexibility is being given to the Secretary SO
or sea grant regional consortium shall not entitle such entity to prefer-
that sea grant programs on projects can utilize funds for the purchase
ential treatment beyond the recognition of capabilities required for
of ship time to accomplish specific scientific objectives related to such
such designation. It is expected that the National Sea Grant Program
programs or projects.
will be administered in a manner which will provide an equal oppor-
No one State can receive, under such contracts and grants, more than
tunity for participation of all qualified applicants.
15 percent of the funds appropriated to the National Sea Grant Pro-
The Secretary is required to promulgate regulations setting forth
gram in a particular fiscal year. An additional condition set forth in
the qualifications required to be met by sea grant colleges and sea grant
this section relates to the manner and form of recordkeeping by grant
regional consortia as well as the duties of such colleges and consortia
recipients. This auditing language is rather standard in recent statutes
after designation. Section 207 (c) permits the Secretary to suspend or
to inform those persons receiving grants of requirements imposed upon
terminate such designation for cause.
them for government auditing purposes.
Section 208 requires the Secretary to support a sea grant fellowship
Section 206 follows the House bill and the Senate amendment by
program to provide educational and training assistance to qualified
authorizing the Secretary to make grants up to 100 percent of the total
individuals at the undergraduate and graduate levels of education.
cost of projects if such projects address specific national needs or
This education must be in fields related to ocean and coastal resources.
problems with respect to ocean and coastal resources. The Secretary
Such assistance shall be awarded by sea grant colleges, sea grant
is directed to identify specific national needs and problems related to
regional consortia, and other suitable institutions of higher education,
ocean and coastal resources. It is anticipated that the Secretary will
pursuant to guidelines issued by the Secretary. The total amount of
carry out this function on a continuing basis SO that the program can
funds which may be obligated for such fellowships during any fiscal
shift in direction as national needs change. Specific terms and condi-
year cannot exceed 5 percent of the total funds appropriated pursuant
tions are set forth in this section which are consistent with some of the
to section 212 for such year. This provision follows the Senate
requirements imposed upon contract and grant recipients under section
amendment.
205. This national project provision is authorized on an experimental
Section 209 establishes a statutory sea grant review panel which, on
basis for one year, SO that the responsible Committees of the Congress
the 60th day after the day on which this legislation is enacted, will
can closely evaluate its effectiveness and value. The appropriations
supersede the sea grant advisory panel currently in existence. Specific
authorization is kept separate from the authorization for all of the
duties of the panel are set forth in subsection (b) ; these are not meant
other activities because the conferees do not want the major program
to be exclusive. This panel shall review and advise the Secretary on
funds eroded, and they want the two programs dealt with separately
on their respective merits. While $5 million is authorized to be appro-
grant proposals and projects; the fellowship program; the designation
and operation of sea grant colleges, sea grant regional consortia, and
priated for national projects, an additional restriction mandates that
the operation of sea grant programs, and such other matters as the Sec-
the Secretary cannot obligate to be expended for national projects an
retary refers to the panel. The conferees do not expect the panel to
amount equal to more than 10 percent of funds appropriated under
review all proposals and applications for grants and contracts, but
section 212.
Section 207 follows the House bill and the Senate amendment by
review a cross-section of such proposals and applications. Subsection
(c) provides for the organization of the panel, outlining the member-
authorizing the Secretary of Commerce to designate "sea grant col-
leges" throughout the United States. This power was given to the
ship, terms of office, and powers and sets forth some prohibitions con-
Secretary previously in the Act of 1966, and it is being extended in
cerning membership. The panel shall consist of 15 voting members
this legislation. Subsection (a) (1) (B) follows the Senate amendment
appointed by the Secretary, plus the Director as a non-voting member.
by authorizing the Secretary to designate a "sea grant regional con-
No less than five members shall be qualified in marine science, and the
sortium". Any association or other alliance of two or more persons (as
remaining members shall be qualified in education, extension services,
defined in section 203) can be designated as a consortium if it is estab-
state government, industry, economics, planning or other activity ap-
lished for the purpose of sharing expertise, research, educational facil-
propriate to ocean and coastal resources. No individual is eligible to be
ities, or training facilities, and other capabilities in order to facilitate
a voting member of the panel if the individual is a director of a sea
research, education, training and advisory services, in any field related
grant college, sea grant regional consortium, or sea grant program a
to ocean and coastal resources. The Secretary must also find that such
Federal employee; an applicant for, or beneficiary (as determined by
20
21
the Secretary) of any grant or contract under section 205 or 206. The
The conferees envision that this provision will be utilized by sea
Secretary, in determining beneficiary, shall consider all possible con-
grant colleges, sea grant regional consortia, institutions of higher edu-
flicts of interest which might prejudice a voting member's actions on
cation, laboratories, and institutes in this Nation to encourage the
the panel. The panel is required to meet biannually; it may meet at
research and development of, and technology transfer to, develop-
other times at the call of the Chairman, upon the request of a majority
ing countries in respect to ocean and coastal resources. The purpose
of the voting members, or upon the request of the Director.
is to enhance scientific cooperation between developing foreign nations
Section 210 follows the Senate amendment by placing certain re-
and their institutions of higher education, institutes, and laboratories
quirements upon departments, agencies, or other instrumentalities of
with those of the United States. The conferees intend that the Secre-
the Federal Government engaged in, concerned with, or which have
tary delegate the administrative functions of this program to the
authority over matters relating to ocean and coastal resources. Such
Administrator of NOAA.
departments, agencies, or instrumentalities must cooperate with
Section 4. Conforming and miscellaneous provisions
NOAA and its duly authorized officials and may provide personnel,
services, and facilities to NOAA to assist in achieving the objective
This section follows the Senate amendment.
of this title. Such departments, agencies or instrumentalities are re-
Subsection (a) adds the Administrator of NOAA to the statutory
quired to provide available data or other information which the Sec-
list of Federal officials at Level III of the Executive Pay Schedule.
retary deems necessary to carry out this title. This section is intended
Subsection (b) and (c) adds the Deputy and the Associate Ad-
to stimulate cooperation and coordination within NOAA as well as
ministrator of NOAA to the list of executives compensated at Level
throughout the Executive Branch.
IV of the Executive Pay Schedule.
Section 211 follows the Senate amendment in requiring the Secre-
LEONOR K. SULLIVAN,
tary to transmit an annual report to the Congress and to the President
ToM N. DOWNING,
by February 15 of each year. This report should comprehensively
PAUL G. ROGERS,
cover all of the activities of the national sea grant program for the
JOHN M. MURPHY,
preceding fiscal year and it should project future activities and objec-
JOHN BREAUX,
tives of such program. The Director of the Office of Management and
PHILIP E. RUPPE,
Budget and the Director of the Office of Science and Technology
C.A. MOSHER,
Policy, in the Executive Office of the President, shall be given an op-
Managers on the Part of the House.
portunity to review each report to be submitted. In addition, such
WARREN G. MAGNUSON,
Directors may submit their own comments, recommendations and inde-
ERNEST F. HOLLINGS,
pendent evaluations of the national sea grant program. These OMB
TED STEVENS,
and OSTP views shall be transmitted to the Secretary not later than
CLAIBORNE PELL,
February 1 of each year and the Secretary shall publish such views
ALAN CRANSTON,
as a separate section in the annual report. The conferees feel that the
J. JAVITS,
Directors can provide valuable opinions to assist the Congress in its
Managers on the Part of the Senate.
oversight responsibilities.
Section 212 authorizes appropriations for the implementation of the
activities and programs of the National Sea Grant Program (other
than section 206 of this title). The level and duration of authorizations
follows the House bill by providing $50 million for one fiscal year
(FY 1977).
Section3. International cooperation assistance
The Secretary may enter into grants and contracts with any sea
grant college, sea grant regional consortium, institution of higher
education, laboratory, or institute within the United States, to enhance
research and development capabilities of developing foreign nations
and promote the international exchange of information and data with
respect to ocean and coastal resources. $3,000,000 is authorized for
FY 1977. The conferees intend that the term "developing foreign
nation" include any foreign nation other than a foreign nation which
is ineligible for designation (under section 502(b) of the Trade Act of
1974 (19 U.S.C. 2462(b)) as a beneficiary developing country under
title V of such Act.