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    "title": "1976/10/08 HR13035 Sea Grant Programs Improvement Act of 1976",
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    "ocrText": "The original documents are located in Box 61, folder \"1976/10/08 HR13035 Sea Grant\nPrograms Improvement Act of 1976\" of the White House Records Office: Legislation Case\nFiles at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nDigitized from Box 61 of the White House Records Office Legislation Case Files at R. Ford Presidential Library\nAPPROVED\nsies okla\nTHE WHITE HOUSÉ\nACTION\nWASHINGTON\nLast Day: October 9\nOctober 6, 1976\nMEMORANDUM FOR\nTHE PRESIDENT\nPostect\nFROM:\nJIM CANNON\n10/9/76\nSUBJECT:\nH.R. 13035 - Sea Grant Program\nImprovement Act of 1976\nanchives\nAttached for your consideration is H.R. 13035, sponsored\nby Representative Rogers and 17 others.\n10/12/76\nThe enrolled bill would authorize appropriations of $50\nmillion in 1977 for the National Sea Grant Program in\nthe Department of Commerce and would make a number of\namendments to the National Sea Grant College and Program\nAct of 1966.\nA discussion of the amendments to the Act is provided\nin OMB's enrolled bill report at Tab A.\nMax Friedersdorf strongly recommends approval and indicates\nthat Senator Ted Stevens has called personally to recommend\napproval. OMB, NSC, Counsel's Office (Kilberg) and I also\nrecommend approval of the enrolled bill and the proposed\nsigning statement which has been cleared by the White House\nEditorial Office (Smith).\nRECOMMENDATION\nThat you sign H.R. 13035 at Tab B.\nThat you approve the signing statement at Tab C.\nApprove WRT\nDisapprove\na.\nGERALD\nFORM\nLIBRARA\nOF THE\nPRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nSECUTIVE\nHAME\nSTATE\nWASHINGTON, D.C. 20503\nOCT 6 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 13035 - Sea Grant Program Improvement\nAct of 1976\nSponsor - Rep. Rogers (D) Florida and 17 others\nLast Day for Action\nOctober 9, 1976 - Saturday\nPurpose\nExtends and expands the National Sea Grant Program in the\nDepartment of Commerce.\nAgency Recommendations\nOffice of Management and Budget\nApproval (Signing statement\nattached)\nDepartment of Commerce\nApproval (Signing statement\nattached)\nOffice of Science and Technology\nPolicy\nApproval\nDepartment of State\nApproval\nDepartment of Agriculture\nApproval\nCivil Service Commission\nApproval\nEnvironmental Protection Agency\nApproval\nNational Science Foundation\nNo objection\nDepartment of Defense\nNo objection\nDepartment of Transportation\nNo objection\nDepartment of Interior\nDefers\nCouncil on Environmental Quality\nDefers\nMarine Mammal Commission\nDefers (Informally)\nDepartment of Health, Education,\nand Welfare\nNo comment (Informally)\n2\nDiscussion\nUnder the National Sea Grant College and Program Act of\n1966 (P.L. 89-688), the National Oceanic and Atmospheric\nAdministration (NOAA) of the Department of Commerce,\nthrough the use of matching grants, supports marine resource\nprograms at a network of sea grant colleges. The Sea Grant\nProgram consists of marine related research, education,\ntraining, and advisory service activities in the coastal\nand Great Lakes States.\nH.R. 13035 would amend that Act to:\n-- Authorize appropriations of $50 million in\n1977 for the basic Sea Grant Program.\n-- Authorize the Secretary of Commerce to designate\nsea grant regional consortia, groups of colleges\nand/or other institutions which would support\nresearch, education, training and advisory activities\nrelated to ocean and coastal resources.\n-- Require the Secretary to support a sea grant\nfellowship program with up to five percent of\nthe funds appropriated for the total Sea Grant\nProgram.\n- Create, with a $5 million authorized funding\nlevel in 1977, a new categorical national projects\nprogram, with matching grants, to address specific\nnational ocean-related needs and problems identified\nby the Secretary.\n-- Establish in 1977 a new $3 million categorical\ngrant program for international cooperative\nassistance in order to enhance the research and\ndevelopment capacity of developing foreign nations\nand to promote the international exchange of marine\nresource-related information.\n-- Establish an independent sea grant review panel\nin place of the existing administratively\nestablished sea grant advisory committee and\nspecify the panel's membership and areas of\nresponsibility.\n3\nH.R. 13035, which is more limited in its proposed expansion\nof the Sea Grant Program than the companion Senate bill\n(S. 3165), was passed in lieu of the Administration's bill\nwhich recommended a simple three-year extension of the\nexisting Act.\nH.R. 13035 passed the House by 326 to 34 on May 3, 1976;\nit passed the Senate, amended, by voice vote, on June 14, 1976.\nThe conference report on the enrolled bill passed the House\nand Senate by voice vote. Both Senator Magnuson and Senator\nHollings are strong supporters of an expanded Sea Grant\nProgram.\nThe following table displays the funding levels involved:\n1976\n1977\nBudget\nH.R. 13035\nProgram\nAuth.\nRequest\nAppropriated\nAuth.\n($ in millions)\nSea Grant\n40\n23\n28\n50\nNational\nProjects\n--\n--\n--\n5\nInternational\nCooperation\nAssistance\n--\n-\n--\n3\nTotal\n40\n23\n28\n58\nAlthough the appropriation authorization expired on\nSeptember 30, 1976, the Congress appropriated $28 million\nfor the Sea Grant Program in 1977. The use of that appro-\npriation was not made contingent on the enactment of\nauthorizing legislation.\nAgency Views\nIn recommending approval of H.R. 13035, the Department of\nCommerce emphasizes that \"the Department has made many\ncompromises with the Congress that have resulted in objection-\nable features being removed from earlier versions of this\nbill.\" Commerce also states that H.R. 13035 \"would\n4\nstrengthen the National Sea Grant Program by improving its\nefforts to meet local and regional needs while also addressing\nnational needs through a program of applied research, marine\neducation and training, and marine advisory services in fields\nrelated to ocean and coastal resources.\"\nWe are informally advised that the Department strongly believes\nthat the program provides a valuable means for bringing the\nresources of colleges and universities to bear on the nation's\nefforts to make more productive use of our ocean resources.\nThe Department of State also recommends approval of the bill\nand concurs with Commerce on the benefits of the proposed\nprogram of international cooperation assistance.\nWhile recommending approval of the bill, the Civil Service\nCommission objects to provisions which provide for the\nestablishment of the position of Director of the Sea Grant\nProgram and five other supergrade positions \"outside the\nGovernment-wide quota and without regard to competitive\nappointment provisions\n\"\nComment\nAs Commerce points out above, H.R. 13035 is a compromise mea-\nsure and many objectionable features have been removed.\nEarlier versions of the bill had (1) a proposed new Office of\nMarine Resources, Science, and Technology within NOAA with an\nannual authorization of $15 million; (2) a proposed national\nocean and coastal advisory service with an annual authorization\nof $15 million; and (3) an authorization level of $10 million\nrather than $3 million for the new national projects program.\nUnfortunately, the enrolled bill still contains a number of\nquestionable provisions.\n-- The additional funds authorized in the bill (the\nauthorization level is double the existing appro-\npriation) are unnecessary since the Department of\nCommerce estimates that about $145 million will be\nspent by Federal agencies in 1977 for ocean related\nresearch and development activities.\n5\nUnder current law the program is limited to providing\ninstitutional support in marine research which is\nprimarily targeted to State and regional problems. The\nnew national projects program established by this bill\ncould allow the Department to become involved in\nbroader, national issues such as ocean mining.\nNational issues of this nature have, in the past, been\nthe responsibility of agencies (such as Interior,\nAgriculture, etc.) which have been given specific\nmissions by the President and the Congress.\nSome universities and other institutions have been\nreceiving sea grant support for about ten years.\nThe need for expansion of the program has not been\ndemonstrated. Unless constrained now, the Sea Grant\nProgram has the potential to become a large cooperative\nresearch and extension service analogous to the\nDepartment of Agriculture's service. This danger is\nparticularly acute in the case of NOAA, which has had\na history of rapid, bureaucratic growth.\nNOAA should not be given the authority to conduct a\nforeign aid program for developing nations. Authorities\nto provide assistance to other nations in the form of\nresearch, training and information activities now exist\nin the appropriate agencies, where they can be assessed\nagainst competing priorities and foreign policy objectives.\nThe establishment of a new fellowship program runs\ncounter to Administration efforts to phase out categori-\ncal student support.\nThere are other countervailing considerations.\nThe added authorizations in the bill are only for one\nyear and the Administration may be able to overcome\nany attempts to appropriate additional funds since\nthere is already a 1977 appropriation for the existing\nprogram.\n-- The Congress believes that the new activities are\nnecessary to (1) address marine-related issues of\nnational importance and (2) help to reduce other\nnations' suspicion about the nature of marine research\nconducted by the United States and other developed\nnations.\n6\n-- A veto of this bill could be construed as represent-\ning a lack of commitment on the part of the Administra-\ntion to addressing ocean-related issues at a time when\nconsiderable attention is focused on this area because\nof its perceived potential as a source of important\nresources.\n-- With respect to national issues in the marine area,\nthe Sea Grant Program may be able to assume a very\nworthwhile mission dealing with certain issues that the\nother mission agencies are less equipped to deal with\n(e.g., the environmental effects of deep sea mining).\n-- Although the Administration clearly communicated its\nconcern with, and opposition to, earlier versions of\nthe bill, we did not provide Congress with a position\nfollowing the conference where the more objectionable\nprovisions were dropped.\nRecommendation\nThe bill presents a close issue but the circumstances lead\nus, on balance, to recommend approval.\nA signing statement is attached for your consideration.\nJan T. They Lynn\nDirector\nEnclosures\nSTATEMENT BY THE PRESIDENT\nI am today signing H.R. 13035, the Sea Grant Program\nImprovement Act of 1976.\nIn its 10-year history, the National Sea Grant Program\nhas played an appropriate role in developing and coordinating\nthe resources of universities, laboratories and other institutions\nin furthering the understanding, assessment, development,\nutilization and conservation of our Nation's ocean and coastal\nresources. H.R. 13035 would extend the National Sea Grant\nProgram and ensure that this worthwhile work continues.\nSome provisions in H.R. 13035 are unnecessary. The\nproposed \"National Projects\" and \"International Cooperation\nAssistance\" programs are new categorical programs authorizing\nactivities that could more appropriately be carried out by\nother agencies that have the responsibility to address national\nmarine related needs and problems.\nProvisions in the bill which provide for the establishment\nof the position of Director of the Sea Grant Program and\nfive other supergrade positions outside the Government-wide\nquota and without regard to the competitive appointment pro-\nvisions of the Civil Service system are also unwise.\nThe Sea Grant Program provides a valuable means for\nbringing the resources of colleges and universities to bear\non the Nation's efforts to make more productive use of our\nocean resources. I believe that this bill will allow us to\nstrengthen those efforts.\nI am therefore signing this bill into law.\nBy Couries - 10/6/76\nTHE WHITE HOUSE\nACTION\nWASHINGTON\nLast Day: October 9\nOctober 6, 1976\nMEMORANDUM FOR\nTHE PRESIDENT\nFROM:\nJIM CANNON\nSUBJECT:\nH.R. 13035 - Sea Grant Program\nImprovement Act of 1976\nAttached for your consideration is H.R. 13035, sponsored\nby Representative Rogers and 17 others.\nThe enrolled bill would authorize appropriations of $50\nmillion in 1977 for the National Sea Grant Program in\nthe Department of Commerce and would make a number of\namendments to the National Sea Grant College and Program\nAct of 1966.\nA discussion of the amendments to the Act is provided\nin OMB's enrolled bill report at Tab A.\nMax Friedersdorf strongly recommends approval and indicates\nthat Senator Ted Stevens has called personally to recommend\napproval. OMB, NSC, Counsel's Office (Kilberg) and I also\nrecommend approval of the enrolled bill and the proposed\nsigning statement which has been cleared by the White House\nEditorial Office (Smith).\nRECOMMENDATION\nThat you sign H.R. 13035 at Tab B.\nThat you approve the signing statement at Tab C.\nApprove\nDisapprove\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: October 6\nTime: 1115am\nFOR ACTION:\nBeutgBeNumphreys on\nCC (for information): Jack Marsh\nMax Friedersdorf\nJim Connor\nBobbie Kilberg\nEd Schmults\nNSC/S on\nGlenn Schleede on\nRobert Hartmann\nFROM THE STAFF SECRETARY\nOctober 6\nDUE: Date:\nTime: 100pm\nSUBJECT:\nH.R. 13035-Sea Grant Program Improvement Act of 1976\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to judy jbhaston, ground floor west wing\nThis package must go with the courier today.\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nPRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nDECUTIVE UNITED OFFICE 8\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nOCT 6 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 13035 - Sea Grant Program Improvement\nAct of 1976\nSponsor - Rep. Rogers (D) Florida and 17 others\nLast Day for Action\nOctober 9, 1976 - Saturday\nPurpose\nExtends and expands the National Sea Grant Program in the\nDepartment of Commerce.\nAgency Recommendations\nOffice of Management and Budget\nApproval (Signing statement\nattached)\nDepartment of Commerce\nApproval (Signing statement\nattached)\nOffice of Science and Technology\nPolicy\nApproval\nDepartment of State\nApproval\nDepartment of Agriculture\nApproval\nCivil Service Commission\nApproval\nEnvironmental Protection Agency\nApproval\nNational Science Foundation\nNo objection\nDepartment of Defense\nNo objection\nDepartment of Transportation\nNo objection\nDepartment of Interior\nDefers\nCouncil on Environmental Quality\nDefers\nMarine Mammal Commission\nDefers (Informally)\nDepartment of Health, Education,\nand Welfare\nNo comment (Informally)\nDEPARTMENT OF COMMERCE\nGENERAL COUNSEL OF THE\nDEPARTMENT OF COMMERCE\nUNITED STATES OF AMERICA\nWashington, D.C. 20230\nSEP 28 1976\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, D.C. 20503\nAttention: Assistant Director for Legislative Reference\nDear Mr. Lynn:\nThis is in response to your request for the views of this\nDepartment concerning H.R. 13035, an Enrolled Enactment cited\nas the \"Sea Grant Program Improvement Act of 1976\".\nThe bill contains two major parts. One portion of the bill\nwould supersede the current Title II of the Marine Resources and\nEngineering Development Act of 1966, also known as the National\nSea Grant College and Program Act of 1966, by adding a new Title\nII. The second major portion of the bill would provide for a\nprogram of international cooperation assistance to be administered\nby the Secretary of Commerce.\nThe new Title II, to be known as the \"National Sea Grant\nProgram Act\", is designed to extend and strengthen the National\nSea Grant Program, first established in 1966, to promote responsive\nresearch, education, training, and advisory service activities in\nfields related to ocean and coastal resources.\nSection 204 of Title II would require the Secretary of Commerce\nto maintain a program of financial assistance and other activities\nknown as the National Sea Grant Program, within the National Oceanic\nand Atmospheric Administration (NOAA). The Secretary would be\nresponsible for establishing long-range planning guidelines, and\npriorities and, along with a Director appointed by the Secretary,\nexercising the specifically enumerated powers found in Section 204.\nSection 205(a) of Title II retains current Secretarial authority\nto make grants and to enter into contracts to support Sea Grant\nprograms and projects. It would additionally require the Secretary\nto find that such programs and projects will be consistent with the\nobjective detailed in Section 202(b) and will be responsive to the\nneeds and problems of individual states and regions. Subsection (a)\nalso retains the current funding formula which sets 66 2/3% as the\nmaximum allowable Federal share for most Sea Grant programs and\nprojects.\nREVOLUTION\nAMERICAN\nBICENTENNIAL\n1776-1976\n-2-\nUnder Section 205(b), the authority of the Secretary to make\nup to 100% special grants to implement the objective set forth in\nSection 202(b) is clarified and continued. In order to make such\ngrants or enter into such contracts the Secretary would be required\nto find that: no reasonable means is available through which the\napplicant can meet the matching requirement for a grant under\nSection 205(a); the probable benefit of such project outweighs the\npublic interest of such a matching requirement; and the same or\nequivalent benefit cannot be obtained through the award of a contract\nor grant under Section 205 (a) or under Section 206. As in the present\nSea Grant Act, the total amount provided for grants under this\nspecial grants program may not exceed 1% of the total funds\nappropriated for Title II in any fiscal year.\nWith respect to Section 205(d), grants and contracts would be\nallowed to cover the cost of rental of any research vessel which is\nused in direct support of activities under any Sea Grant program or\nproject. Section (d) would also continue the funding restriction,\ncontained in the current Sea Grant Act to limit the amount obligated\nto persons within any one state for payment of grants or contracts\nunder this section to 15% of the total funds appropriated for Title\nII for any fiscal year.\nSection 206 would allow the Secretary to make up to 100% grants\nand contracts for projects dealing with national needs and problems\nrelated to ocean and coastal resources specifically identified by\nthe Secretary. For the purposes of Section 206, $5 million are\nauthorized to be appropriated for fiscal year 1977. However, the\namount obligated to be expended under this section shall not exceed\nan amount equal to 10% of the sum appropriated for any fiscal year\nunder Title II.\nSection 207 establishes a mechanism whereby the Secretary may\ndesignate Sea Grant Colleges and Regional Consortia and allows the\nSecretary to suspend such designation when appropriate.\nThe Secretary would be directed under Section 208 to support a\nSea Grant fellowship program to provide educational and training\nassistance to qualified individuals at the undergraduate and graduate\nlevels of education in fields related to ocean and coastal resources.\nThe total amount for grants under this section during any fiscal\nyear shall not exceed an amount equal to 5% of the total funds\nappropriated for Title II.\nA new fifteen member Sea Grant review panel would be established\nin Section 209 to supersede the current Sea Grant Advisory Panel\nsixty days after enactment of this legislation. Section 209 prescribes\nthe membership qualifications and terms for members and empowers the\npanel to review the various aspects of the Sea Grant Program, and to\nadvise the Director on such reviews and resulting recommendations.\n- 3 -\nSection 211 requires the Secretary to submit a report to\nCongress and the President not later than February 15th of each\nyear describing the activities of and prospects for the National\nSea Grant Program. The Director of the Office of Management and\nBudget and the Office of Science and Technology Policy shall have\nthe opportunity to review each report and may submit for inclusion\nin such report comments, recommendations and independent evaluations\nof the National Sea Grant Program.\nSection 212 provides for an appropriations authorization for\nfiscal year 1977 of $50 million for the purposes of carrying out\nthe provisions of this Title with the exception of Section 206.\nThe second major portion of the bill, Section 3, would provide\nfor a program of international cooperation assistance to be\nadministered by the Secretary of Commerce. Under this section the\nSecretary would be authorized to make grants to or enter into\ncontracts with any Sea Grant College or Sea Grant Regional Consortium\nor any institution of higher education, laboratory, or institute\n(if such institution, laboratory or institute is located within the\nUnited States possession) for the purpose of (1) enhancing the\nresearch and development capability of any foreign nation with\nrespect to ocean resources and (2) encouraging the international\nexchange of information and data with respect to the assessment,\ndevelopment, utilization, and conservation of such ocean and coastal\nresources. The Secretary of Commerce is to consult with the appro-\npriate officials of the Department of State in carrying out this\nprogram. For the purposes of this section, $3 million would be\nauthorized to be appropriated for fiscal year 1977.\nThe Department of Commerce urges approval by the President of\nthis legislation.\nThe National Sea Grant Program, during the past decade, has\nproven effective in coordinating the interdisciplinary resources of\nour institutions, universities and laboratories in providing the\nnecessary bridge between oceanic and coastal research and program\napplication. The continuation of this vital Federal ocean and\ncoastal research program is necessary to maintain coordinated\nnational research efforts and national research expertise, and to\ninsure continued United States leadership in the field of ocean and\ncoastal research.\nThe proposed legislation would strengthen the National Sea\nGrant Program by improving its efforts to meet local and regional\nneeds while also addressing national needs through a program of\napplied research, marine education and training, and marine advisory\nservices in fields related to ocean and coastal resources. Finally,\n- 4 -\nthat portion of the proposed legislation which would provide for a\nprogram of international cooperation assistance would help this\nNation in meeting requests from other countries for the inter-\nnational exchange of information and transfer of technology.\nWe would stress that the Department has made many compromises\nwith the Congress that have resulted in objectionable features\nbeing removed from earlier versions of this bill.\nAt this time, it is not possible to determine if approval\nof this bill would entail expenditure of funds greater than the\namount of $27.2 million presently appropriated for fiscal year\n1977.\nSincerely,\nGeneral Counsel\nOF COMMERCE\nGENERAL COUNSEL OF THE\nUNITED STATES DEPARTMENT OF COMMERCE\nUNITED STATES OF AMERICA\nWashington, D.C. 20230\nSEP 29 1976\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nAttention: Assistant Director for Legislative Reference\nDear Mr. Lynn:\nOn Tuesday, September 28, 1976 we sent to you a\nletter urging that the President approve H. R. 13035,\nan Enrolled Enactment cited as the \"Sea Grant Program\nImprovement Act of 1976\". We feel that the existing sea\ngrant program has been effective with many public benefits\nbeing derived from the work of the sea grant colleges and\nuniversities. Achievements have been realized in numerous\nareas related to the marine environment and the oceans\ncovering such varied issues as the law of the sea, marine\neconomics, fisheries, coastal zone planning, marine\nenvironmental pollution, and education. Accordingly,\nwe urge that the President approve the bill.\nEnclosed herewith is a draft statement that the\nPresident may wish to consider using when signing this\nlegislation.\nSincerely,\n2.5.0mith General Counsel\nEnclosure\nAMERICAN REVOLUTION\n1776-1976\nO\nDRAFT\nSTATEMENT BY THE PRESIDENT ON\nH.R. 13035, THE SEA GRANT REAUTHORIZATION BILL\nI am pleased to sign into law today H.R. 13035, the\nSea Grant Program Improvement Act of 1976. This legisla-\ntion will continue the valuable contribution which the\nNational Sea Grant Program has made in its ten year\nhistory to the understanding, assessment, development,\nutilization, and conservation of the Nation's ocean and\ncoastal resources, by providing assistance to promote a\nstrong educational base, responsive research and training\nactivities, and broad and prompt dissemination of knowledge\nand techniques.\nThe bill recognizes that the National Sea Grant\nProgram, soon to celebrate its 10th anniversary, is the\nmost cost-effective way to promote the necessary involve-\nment of the Federal Government in continuing partnership\nwith State and local governments, private industry,\nuniversities, organizations and individuals in activities\nrelated to ocean and coastal resources. This bill\ncontinues the authority of the Secretary of Commerce to\n2\nmake grants and contracts on a matching funds basis, to\naddress local and regional needs and reauthorizes the\nProgram at a $50 million level for Fiscal Year 1977,\nwhich is identical to the amount authorized for Fiscal\nYear 1976.\nCovered under this authorization level is the\nprovision in the bill providing for the award of fellow-\nships by the National Sea Grant Program. The fellowship\nprogram provided for in the bill is designed to provide\nfor both undergraduate and graduate training in order to\ndevelop the kind of technical expertise and skilled\nmanpower necessary to better manage the Nation's ocean\nand coastal resources in the years ahead. The amount\nprovided for this fellowship program is limited to 5% of\nthe funds appropriated annually under the authorization\nfor the basic National Sea Grant Program.\nCertain ocean and coastal resource needs and problems\naffect the entire Nation, in contrast to those having\njust a local or regional focus. The Secretary of Commerce\nmay designate certain projects as such national projects\nand he may make up to 100% Federal grants or contracts\n3\nthrough the National Sea Grant Program for applied marine\nresearch, marine education and training, and marine\nadvisory service. A separate $5 million authorization\nfor Fiscal Year 1977 is established for the purpose of\naddressing these national problems and needs through the\nNational Sea Grant Program. However, the bill provides\nthat the amount obligated to be expended for this national\nprojects program shall not exceed an amount equal to 10%\nof the sum appropriated for any fiscal year for the basic\nNational Sea Grant Program. This one year authorization\nperiod is intended as a \"trial\" period. Both the Congress\nand the Executive intend to review this national projects\nprogram during the next year in order to determine the\nneed for future efforts in this direction.\nThis legislation also provides for a program of\ninternational marine cooperation assistance to be\nadministered by the Secretary of Commerce, through the\nAdministrator of the National Oceanic and Atmospheric\nAdministration, and provides for consultation with the\nSecretary of State in carrying out the program. This\ninitiative will assist the Developing nations in increasing\ntheir understanding of the role that marine science can\n4\nplay in ocean resource consideration and development. It\nwill allow the Secretary of Commerce, after consultation\nwith the Secretary of State, to make grants or enter into\ncontracts with U.S. institutions of higher learning for\nthe purpose of (1) enhancing the research and development\ncapability of any foreign nation with respect to ocean\nresources and (2) encouraging the international exchange\nof information and data with respect to the assessment,\ndevelopment, utilization and conservation of such ocean\nand coastal resources. A one year, $3 million authoriza-\ntion for Fiscal Year 1977, is provided in the bill for\nthis program. This one year authorization is also viewed as\na \"trial\" period. Both the Executive and Congress intend\nto review the operation of this program during the next\nyear in order to determine future needs and\nobjectives.\nThe National Sea Grant Program, during the past\ndecade, has proven effective in coordinating the inter-\ndisciplinary resources of our institutions, universities\nand laboratories in providing the necessary bridge\nbetween oceanic and coastal research and program applica-\ntion. The continuation of this vital Federal ocean and\n5\ncoastal research program is necessary to maintain coordinated\nnational research efforts and national research expertise,\nand to insure continued United States leadership in the\nfield of ocean and coastal research.\nThe proposed legislation would strengthen the\nNational Sea Grant Program by improving its efforts to\nmeet local and regional needs, while also enabling it to\naddress national needs, through a program of applied\nresearch, marine education and training, and marine\nadvisory services in fields related to ocean and coastal\nresources. Additionally, a portion of the proposed\nlegislation would provide for a program of international\nmarine cooperation assistance which would help this\nNation meet the needs and legitimate demands of developing\nforeign countries and thereby aid in preventing or\nlessening restrictions placed on marine research conducted\nin or near the territorial limits of those countries by\nU.S. citizens.\nThe Secretary of Commerce is expected to act\nexpeditiously to carry out the provisions of this new\nlegislation. It is appropriate that these new directions\nestablished for the National Sea Grant Program be enacted\nas the program approaches its tenth anniversary.\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF SCIENCE AND TECHNOLOGY POLICY\nWASHINGTON, D.C. 20500\nOctober 4, 1976\nMEMORANDUM FOR: James M. Frey\nAssistant Director, Legislative Reference\nOffice of Management and Budget\nSUBJECT:\nComments on Enrolled Bill, H. R. 13035 -\n\"Sea Grant Improvement of 1976\"\nThis memorandum confirms my position which was reported to Mr. Martin\nby Mr. Smith on Saturday morning, October 2, 1976. I recommended a\nPresidential signature on this bill.\nSince the bill is an authorization bill, not an appropriation bill,\nand since there is a means of controlling the extent to which the\nSea Grant College Program extends itself into the new program areas\nof the Bill by way of the budgetary review process, I feel that, on\nbalance, the President should sign the bill. A veto would likely\nstir up misunderstanding and emnity far in excess of the benefits\nobtained by veto.\nThe Sea Grant College Program, now approximately 10 years old, is\none of a number of marine programs that should be reviewed by the\nAdministration in order to ensure that there is an adequate strategy\nfor the coastal zone research that may be desirable to support the\nnation's broader coastal zone policies. In my estimation, this is\na review that should proceed systematically through a cooperative\nanalysis mounted by Executive Office of the President units. How-\never, while I feel this review is entirely desirable, I do not\nbelieve that it serves as a basis for recommending a veto.\nThingh Sut\nfor\nH. Guyford Stever\nDirector\nDEPARTMENT OF STATE\nWashington, D.C. 20520\nwill\nSEP 29 1976\nDear Mr. Lynn:\nThis is in response to Mr. James M. Frey's\ncommunication of September 24 requesting the Depart-\nment's views on an enrolled bill (H.R. 13035) to\nimprove the national sea grant program. The bill\nwould extend the program for one year, during which\nperiod a Congressional review of the program will\nbe continued, while at the same time adopting a\nnumber of changes to the 1966 Act which are intended\nto improve and strengthen the program. Since most\nof these changes are essentially domestic in nature,\nthe Department will defer to the views of the Depart-\nment of Commerce on them.\nThe Department perceives the sea grant program\nto be a valuable component of our overall national\nprogram for dealing with marine science and technology\nand marine resources. Although entirely domestically\noriented, sea grant contributes materially to the\nforemost position held by the United States interna-\ntionally in these fields. Accordingly, this Depart-\nment has been a strong supporter of the sea grant\nprogram.\nSection 3 of the bill would add an international\ncomponent to the sea grant program. Under the new\ninternational sea grant program, up to $3,000,000\nwould be authorized to enhance the research and develop-\nment capabilities of developing foreign nations and\npromote the international exchange of information\nand data with respect to ocean and coastal resources.\nTo accomplish this goal, grants or contracts would be\nHonorable James T. Lynn,\nDirector,\nOffice of Management and Budget.\n-2-\nmade with American colleges and eligible institutions.\nThe Secretary of State would be consulted concerning\nregulations governing the international sea grant\nprogram. The Secretary of State would also be consulted\nbefore any individual grant or contract is made.\nGiven the vast area of the earth covered by the\noceans, the large number of nations with sea coasts,\nthe need for international cooperation in a great many\nocean activities which are too vast for any one nation\nto undertake alone, the interest of American marine\nscientists in conducting their research in many areas\noff foreign coasts, and the interest of many American\nfishermen and industries in the marine resources found\noff the coasts of other nations, the Department believes\nthat such an international sea grant program would con-\ntribute materially to the interests of the United States\nin a cost-effective way. The international cooperation\nand goodwill engendered by such a program, as well as\nthe increased knowledge made available to the world and\nthe enhanced ability of the world's nations to deal\neffectively with ocean problems of common concern\nshould pay handsome dividends to the United States and\nto mankind.\nAccordingly, the Department urges that the bill be\nsigned into law.\nSincerely,\nKempton Janan B. Jenkins\nActing Assistant Secretary\nfor Congressional Relations\nSepers 10/8/76\nadd to the B Bee 7le.\nHP 15035\nNATIONAL ADVISORY COMMITTEE\nON\nOCEANS AND ATMOSPHERE\nWashington, D.C. 20230\nOctober 8, 1976\nPresident Gerald Ford\nThe White House\n3400 Pennsylvania Avenue\nWashington, DC 20004\nDear President Ford:\nThis letter relates to H.R.-13035, The Sea Grant Program\nRH\nImprovement Act of 1976, which is now before you for\nconsideration. The Act, as it now stands, has been through\na careful and gruelling legislative review and incorporates\nthe best features of the House and Senate versions. On\nbehalf of the National Advisory Committee on Oceans and\nAtmosphere (NACOA), I wish to urge you to decide favorably\non this Bill and sign it into law.\nNACOA has just concluded a careful and critical year-\nlong study of the Sea Grant Program and has found it to be\na worthwhile and important component of our Nation's overall\nmarine program. We have determined that it is unique in\nbringing the multidisciplinary. capabilities of the Nation's\nresearch institutions--university and college--public,\nprivate, and industrial, to focus on solution of practical\nproblems of the marine environment and of marine resources\nin a ccordinated fashion. Though our complete Sea Grant\nreport is not printed as yet, NACOA provided a summary of\nour findings on Sea Grant in NACOA's Fifth Annual Report to\nthe President and the Congress, a copy of which has been\nforwarded to you. Our recommendations were also incorporated\nin the annual report.\nTo summarize these findings and recommendations, NACOA\nfound needs for some improvements in the Sea Grant Program,\nbut we found it to be a very good and effective program\non the whole--one which supplies a national need relating\nto sound development and full use of the Nation's marine\nresources, with reasonable attention to the necessities of\nconservation. We found it to have been successful in the\npast and well worth continuing.\nThe Bill which is before you, incorporates the changes\nwe have recommended. The Sea Grant Program is important to\nPresident Gerald Ford\nPage 2\nOctober 8, 1976\nthe future of the ocean's and oceanic resources and environments.\nIt is also important to the welfare of the Great Lakes and all\nof the Nation's estuarine and coastal waters. Almost all of\nthe most populous and heavily pressured coastal States,\nincluding California, New York, Massachusetts, Virginia,\nFlorida, and Michigan are heavily involved with Sea Grant\nand are dependent upon its productivity. The Sea Grant Program\nis one requiring matching funds from local and state entities.\nThat it is almost always \"oversubscribed\" with matching effort\nis an indication of its local and regional as well as national\nimportance. Socially, economically, scientifically, and\npolitically, it is an important program.\nOn behalf of NACOA and the Nation, I herewith urge your\nfavorable consideration of The Sea Grant Program Improvement\nAct of 1976, H.R.-13035. It is a relatively inexpensive,\nbut very productive and valuable, program which affects many\neconomic entities, state and local agencies, and a large\nnumber of people. If it is not signed by tomorrow night,\n9 October 1976, the program will expire.\nWith thanks for your assistance with this important\nnational program, I am\nSincerely yours,\nWilliam J Hargis, Jr.\nChairman\nWJHJr/clr\nUNITED\nSENTE\nUNITED STATES CIVIL SERVICE COMMISSION\nCIVIL SENTE\nWASHINGTON, D.C. 20415\nCHAIRMAN\nOctober 1, 1976\nHonorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D.C. 20503\nAttention: Assistant Director for\nLegislative Reference\nDear Mr. Lynn:\nThis is in response to your request for the Commission's views on\nenrolled H.R. 13035, an act \"To improve the national sea grant\nprogram and for other purposes.\"\nThis bill would amend the National Sea Grant College and Program\nAct of 1966, to strengthen the grant program administered by the\nNational Oceanic and Atmospheric Administration (NOAA), Department\nof Commerce, through research, education, and advisory service\nactivities related to ocean and coastal resources.\nOur comments are limited to the personnel provisions of the bill.\nSection 204(b) (2) of the bill provides for the Director of the\nNational Sea Grant program to be appointed and compensated without\nregard to the provisions of title 5, United States Code, governing\nappointments in the competitive service, at a rate not in excess\nof the maximum rate for GS-18 of the General Schedule. We object\nto the establishment of this position outside of the competitive\nservice and the creation of another supergrade position outside\nthe Government-wide quota.\nSection 204(d) (1) provides for employees of the National Sea\nGrant program to be subject to the appointment, classification,\nand pay provisions of title 5. This is appropriate. However,\nsection 204(d) (1) also provides for five supergrade positions\nto be established outside the Government-wide quota and with-\nout regard to competitive appointment provisions, with pay\nnot to exceed the rate for GS-18 of the General Schedule. In\naddition to objecting to excepting these positions from\ncompetitive service provisions, we are strongly opposed to\nlegislation which would increase the number of supergrade\nspaces by earmarking them for a specific agency without regard\nto the established Government-wide system of allocation on the\nbasis of priorities and national needs.\n2.\nSection 204 (d) (2) provides for the Secretary of Commerce to make\nappointments with respect to temporary and intermittent services\nto the same extent as is authorized by section 3109 of title 5,\nUnited States Code. Section 3109 governs employment and pay of\nexperts and consultants. We assume the provision refers only to\nexperts and consultants rather than to all temporary and inter-\nmittent employment. More specific language in this section would\nhave been appropriate.\nSection 209 provides for the creation of a Sea Grant Review Panel\ncomposed of 15 voting members, to be appointed by the Secretary of\nCommerce and paid at the daily rate of GS-18 of the General Schedule\nwhen serving on the panel. Normally legislation on advisory councils\nspecifically excepts members from the appointment provisions of\ntitle 5. The absence of statutory exception is no problem, however.\nMembers could be excepted by Commission action. The rate of pay\nis appropriate.\nFinally, section 4 provides for the Deputy Assistant Administrator\nand the Associate Administrator in NOAA to be paid at Level IV\nof the Executive Schedule. Level IV is an appropriate rate of\npay for these two positions.\nAlthough we object to several of the personnel provisions of the\nbill, our concerns are not such as to warrant a veto. We\ntherefore recommend that from the standpoint of the personnel\nprovisions the President sign H.R. 13035.\nBy direction of the Commission:\nSincerely yours\nSheldon\nACTING Chairman\nUNITED PROTECTION STATES. AGENCY\nUNITED STATES ENVIRONMENTAL PROTECTION AGENCY\nWASHINGTON, D.C. 20460\nOCT\n11976\nTHE ADMINISTRATOR\nDear Mr. Lynn:\nThese are our comments on the enrolled bill entitled\n\"Sea Grant Program Improvement Act of 1976.\"\nUnder the legislation, the Secretary of Commerce\nshall maintain a program known as the national sea\ngrant program and establish long-range planning guide-\nlines and priorities for the adequate evaluation of the\nprogram.\nThe Secretary is authorized to make grants and\nenter into contracts to assist any sea grant program.\nAny person may be eligible for a grant or contract.\nThe Secretary also shall identify specific national\nneeds and programs with respect to ocean and coastal\nresources. The Secretary may make grants or enter con-\ntracts with regards to these needs and problems.\nIn addition, this legislation authorizes the\nSecretary to support a sea grant fellowship program.\nThis program is designed to provide educational and training\nassistance to qualified individuals at graduate and under-\ngraduate levels of education in fields related to ocean\nand coastal resources.\nThe Environmental Protection Agency supports legis-\nlative efforts designed to strengthen our efforts in the\narea of marine research, development and conservation.\nThe oceans are an area of preeminent importance and our\nefforts in marine research are too often inadequate,\nlacking in commitment and fragmentary. H.R. 13035 provides\n-2-\nan opportunity to promote a strong educational base and\nresponsive research and training which should improve marine\nresearch in the future. For these reasons, we support the\nenactment of H. R. 13035.\nKnow Sincerely yours, E. Train\nRussell E. Train\nHonorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D.C. 20503\nNATIONAL SCIENCE FOUNDATION\nWASHINGTON. D.C. 20550\nnsf\nOFFICE OF THE\nSEP 28 1976\nDIRECTOR\nMr. James M. Frey\nAssistant Director for\nLegislative Reference\nOffice of Management and Budget\nWashington, D. C. 20503\nDear Mr. Frey:\nThis is in reply to your communication of September 24, 1976,\nrequesting the comments of the National Science Foundation on\nEnrolled Bill H. R. 13035, the \"Sea Grant Program Improvement\nAct of 1976.\"\nThe Foundation has no objection to approval of the bill by the\nPresident.\nSincerely yours,\nR.C. Atkenson\nRichard C. Atkinson\nActing Director\nOF DEFENS' DE\nDEPARTMENT OF THE NAVY\nOFFICE OF THE SECRETARY\nWASHINGTON, D. C. 20350\nNITTED STATES OF AMERICA\nSeptember 29, 1976\nDear Mr. Lynn:\nYour transmittal sheet dated September 27, 1976, enclosing\na facsimile of an enrolled bill of Congress, H.R. 13035 \"To\nimprove the national sea grant program and for other purposes,\"\nand requesting the comments of the Department of Defense, has\nbeen received. The Department of the Navy has been assigned\nthe responsibility for the preparation of a report expressing\nthe views of the Department of Defense.\nThe primary purpose of H.R. 13035 is to strengthen the na-\ntional sea grant program by extending it through September 30,\n1977, by requiring the Secretary of Commerce to support a sea\ngrant fellowship program and by establishing a sea grant re-\nview panel which will supersede the existing sea grant ad-\nvisory panel. Additionally, the measure requires the Secre-\ntary of Commerce to transmit to Congress an annual report\ncovering all sea grant activities of the previous year and\nsetting forth projected future activities and objectives.\nThe Department of the Navy, on behalf of the Department of\nDefense, has no objection to the approval of H.R. 13035.\nSincerely yours,\nOw Releaced\nDavid R. Macdonald\nActing Secretary of the Navy\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, DC 20503\nOF\nTHE SECRETARY OF TRANSPORTATION\nONITED\nWASHINGTON, D.C. 20590\nAMERICA\nSTATES\nof\nSEP 30 1976\nHonorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D. C. 20503\nDear Mr. Lynn:\nYou have asked for our comments on H.R. 13035, an enrolled bill\n\"To improve the national sea grant\nprogram and for other purposes. 11\nSection 2 of the enrolled bill amends Title II of the Marine Resources\nand Engineering Development Act of 1966 to extend the life of the\nNational Sea Grant Program through FY 1977. The objective of the\nProgram is to increase the understanding, assessment, development,\nutilization, and conservation of the Nation's ocean and coastal\nresources by providing financial assistance to promote a strong\neducational base, and responsive research and training activities.\nTo implement this objective the Secretary of Commerce, through\nthe National Oceanic and Atmospheric Administration, is authorized\nto make grants and enter into contracts, designate sea grant colleges\nand regional consortia, and provide for sea grant fellowships. $50\nmillion is authorized to be appropriated for these purposes. An\nadditional $5 million is authorized to be appropriated for grants or\ncontracts with respect to specific national needs and problems\nconcerning ocean and coastal resources.\nAn independent Sea Grant Review Panel would be established to\nadvise the Secretary in his administration of the Program, and\nan annual report concerning the activities of and outlook for the\nProgram must be submitted to the President and the Congress\n- 2 -\nby February 15 of each year. The Directors of both the Office of\nManagement and Budget and the Office of Science and Technology\nPolicy would also be given the opportunity to submit comments and\nrecommendations for inclusion in the report.\nSection 3 of the enrolled bill provides for international cooperation\nassistance which would, with respect to ocean and coastal resources,\nenhance the research and development capability of developing foreign\nnations and promote the international exchange of information and data.\n$3 million is authorized to be appropriated for this purpose.\nIn reporting this bill, Senate and House conferees expressed the intent\nto proceed in the next Congress towards the goal of defining and setting\nforth in precise detail a national oceanic policy for the United States\n(see Congressional Record, September 15, 1976, at page H10131).\nWe share the conferees' concern that there is a pressing need for\na national oceanic policy and, in fact, testified on this issue before\nthe Subcommittee on Oceanography of the House Committee on\nMerchant Marine and Fisheries just two weeks ago. In my testi-\nmony, I referred to the need for a policy forum within the Executive\nBranch for the development of coordinated policy and planning. Such\na forum, identified as the Marine Affairs Council in my proposal to\nthe President, could assure that there would be an appropriate inte-\ngration of our economic and societal needs for more ocean space\nand resources while assuring the protection of environmental values.\nThe Council would be chaired by the Vice President and would be\ncomposed of the Secretaries of State, Treasury, Interior, Commerce,\nDefense, and Transportation.\nSince H.R. 13035 extends the life of the Sea Grant Program for only\none fiscal year at approximately the same level of funding as the\npresent fiscal year, we have no objection to the President signing\nthe enrolled bill. This limited extension would give the Executive\nBranch an opportunity to review and evaluate the need for the\nProgram in light of any forthcoming Presidential oceanic policy\ndecision.\nSincerely,\nWilliam I\nWilliam T. Coleman, Jr.\nTHE INJERIOR THE INTERIOR is\nUnited States Department of the Interior\nOFFICE OF THE SECRETARY\nMarch\n1849\nWASHINGTON, D.C. 20240\n3,\nSEP 28 1976\nDear Mr. Lynn:\nThis responds to your request for our views on the enrolled\nbill H.R. 13035, \"To improve the national sea grant program\nand for other purposes. \"\nH.R. 13035 amends the National Sea Grant College and Program Act\nof 1966, as amended, to extend the authorization of funds for\nfiscal year 1977, and makes other substantive amendments and\ntechnical changes in the Act. This program is administered\nby the Department of Commerce through the National Oceanic and\nAtmospheric Administration.\nWe defer to the views of the Department of Commerce as to\nwhether the President should approve this bill.\nSincerely yours,\nAssistant Secretary of the Interior\nHonorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D. C. 20503\nCONSERVE\nAMERICA'S\nENERGY\nSave Energy and You Serve America!\nEXECUTIVE OFFICE OF THE PRESIDENT\nCOUNCIL ON ENVIRONMENTAL QUALITY\n722 JACKSON PLACE, N. W.\nWASHINGTON, D.C. 20006\nSeptember 29, 1976\nMEMORANDUM FOR JAMES M. FREY\nOFFICE OF MANAGEMENT AND BUDGET\nATTN: Ms. Ramsey\nSUBJECT: Enrolled Bill, H.R. 13035: To improve the\nNational Sea Grant Program and for Other\nPurposes\nThe Council on Environmental Quality does not have\na position on the above enrolled bill. We defer to\nagencies with more direct interest and expertise.\nSteven D. Jellinek\nStaff Director\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: October 6\nTime: 1115am\nFOR ACTION:\nGeorge Humphreys\nCC (for information): Jack Marsh\nMax Friedersdorf\nJim Connor\nBobbie Kilberg 106\nEd Schmults\nNSC/S\nGlenn Schleede\nRobert Hartmann\nFROM THE STAFF SECRETARY\nOctober 6\nDUE: Date:\nTime: 100pm\nSUBJECT:\nH.R. 13035-Sea Grant Program Improvement Act of 1976\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPropare Agenda and Beist\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to judy johnston, ground floor west wing\nThis package must go with the courier today.\nm right Killy 4/4/76\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or If you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\ntelephone the Staff Secretary immediately.\nFor the President\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: October 6\nTime: 1115am\nFOR ACTION:\nGeorge Humphreys\ncc (for information): Jack Marsh\nMax Friedersdorf\nJim Connor\nBobbie Kilberg\nEd Schmults\nNSC/S\nGlenn Schleede\nRobert Hartmann\nFROM THE STAFF SECRETARY\nOctober 6\nDUE: Date:\nTime: 100pm\nSUBJECT:\nH.R. 13035-Sea Grant Program Improvement Act of 1976\nACTION REQUESTED:\n\"\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to judy johnston, ground floor west wing\nThis package must go with the courier today.\nI recommed approval and\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. cannon\ntelephone the Staff Secretary immediately.\nFor the President\nPRIORITY\nUnichas\nFOR COMMCENTER USE ONLY\nPRECEDENCE\nCLASSIFICATION\nDEX\nMr. 615\nFROM SAMES CONNOR\nDAC\nGPS\nLDX\nPAGES 2\nTO: TERRY O'DONNECC\nTTY\nCITE\nINFO:\nDTG: 6621472\nTOR: 1622308\nRELEASED BY:\nJC\nSPECIAL INSTRUCTIONS:\nLA IZ 9 100 9261\nWHCA FORM 8, 22 FEB 74\nTHE WHITE HOUSE\nWASHINGTON\n10.6.16\nTerry -\nPer Friedersdorf's\nrequest, please add\nto enrolled fill file for\nH.R. 13035.\nRDL.\n(THIS PACKAGE IS IN COURIER MAIL)\nTHE WHITE HOUSE\nWASHINGTON\nDate\n/10/6.76\nFROM: TO: Max L. Friedersdorf\nFor Your Information\nPlease Handle\nPlease See Me\nComments, Please\nOther Pl. to Staff\nSecretary this should\nbe addect w will addindur\nfn imalled mimo\non H.R.13035\nRUBSELL B. LONG, LA., CHAIRMAN\nHERMAN R. TALMADGE, CA.\nCARL T. CURTIS, NEBR.\nVANCE HARTKE. IND.\nPAUL J. FANNIN, ARIZ.\nABRAHAM RIBICOPF, CONN.\nCLIFFORD P. HANSEN, WYO.\nMARRY F. BYRD, JR., VA.\nROBERT J. DOLE, KANS.\nGAYLORD NEI.SON, WIS.\nBOB PACKWOOD, OREG.\nWALTER F. MONDALE, MINN.\nWILLIAM V. ROTH, JR., DEL.\nUnited States Senate\nMIKE GRAVEL, ALABICA\nBILL BROCK, TENN.\nLLOYD BENTWEN, TEX.\nWILLIAM D. MATHAWAY, MAINS\nCOMMITTEE ON FINANCE\nFLOYD K. HASKELL, COLD,\nWASHINGTON, D.C. 20510\nMICHAEL STERN, STAFF DIRECTOR\nDONAL 9 v. MOOREHEAD, CHIEF MINORITY COUNSEL\nOctober 4, 1976\nThe Honorable James T. Lynn\nDirector\nOffice of Management and Budget\nThe Executive Office Building\nWashington, D.C. 20503\nDear Jim:\nIt is my understanding that your office is\nconsidering a recommendation to the President to\nveto the Sea Grant FY 77 Authorization, H.R. 13035.\nI deeply hope you will not.\nFirst, the President has already approved the\nFY 77 Appropriations for Commerce which includes\nthe Sea Grant Program. Second, the 1-year authoriza-\ntion in H.R. 13035 is less than $4 million over the\nPresident's own FY 77 budget recommendation. Third,\nin my home State of Oregon the Sea Grant Program has\nfor years supported a major research facility on a\nmatching fund basis. In FY 77, Sea Grant's contribu-\ntion is $1,642,000 and vital to the survival of the\nprogram.\nI certainly hope you will give this every con-\nsideration. The Sea Grant Program is one I have\nlong supported.\nThank you very much, Jim.\nCordially,\nBOB Bol PACKWOOD\nBP/tdk\nCC: Mr. Max L. Friedersdorf\nAssistant to the President for Legislative Affairs\nMr. Joe Jenks\nSpecial Assistant for Legislative Affairs.\nMEMORANDUM\nNATIONAL SECURITY COUNCIL\n5591\nOctober 6, 1976\nMEMORANDUM FOR:\nJAMES M. CANNON\nFROM:\nJeanne W. Dav 0m\nSUBJECT:\nH.R. 13035\nThe NSC Staff concurs in the proposed enrolled bill H. R. 13035-\nSea Grant Program Improvement Act of 1976.\nWHITE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: October 6\nTime: 1115am\nFOR ACTION:\nGeorge Humphreys\nCC (for information): Jack Marsh\nMax Friedersdorf\nJim Connor\nBobbie Kilberg\nEd Schmults\nNSC/S\nGlenn Schleede\nRobert Hartmann\nFROM THE STAFF SECRETARY\nOctober 6\nDUE: Date:\nTime:\n100pm\nSUBJECT:\nH.R. 13035-Sea Grant Program Improvement Act of 1976\nACTION REQUESTED:\n\"\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\njohnston, ground floor west wing\nPersonal\nwith the coutier today.\n10/16/16\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\ntelephone the Staff Secretary immediately.\nFor the President\n10/6/76 - 11:25am\nTHE WHITE HOUSE\nn\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: October 6\nTime: 1115am\nFOR ACTION:\nGeorge Humphreys\ncc (for information): Jack Marsh\nMax Friedersdorf\nJim Connor\nBobbie Kilberg\nEd Schmults\nNSC/S\nGlenn Schleede\nRobert Hartmann\nFROM THE STAFF SECRETARY\nOctober 6\nDUE: Date:\nTime: 100pm\nSUBJECT:\nH.R. 13035-Sea Grant Program Improvement Act of 1976\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to judy johnston, ground floor west wing\nThis package must go with the courier today.\n10/6/76 - copy sent for recearching nm\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\ntelephone the Staff Secretary immediately.\nFor the President\nSIGNING STATEMENT\nI am today signing H.R. 13035, the Sea Grant Program Improve-\nment Act of 1976.\nIn its 10-year history, the National Sea Grant Program has\nplayed an appropriate role in developing and coordinating the\nresources of universities, laboratories and other institutions\nin furthering the understanding, assessment, development, utiliza-\ntion and conservation of our Nation's ocean and coastal resources.\nH.R. 13035 would extend the National Sea Grant Program and Insure\nthat this worthwhile work continues.\nSome provisions in H.R. 13035 are unnecessary. The proposed\n\"National Projects\" and \"International Cooperation Assistance\"\nprograms are new categorical programs authorizing activities that\ncould more appropriately be carried out by other agencies that\nhave the responsibility to address national marine related needs\nand problems.\nProvisions in the bill which provide for the establishment\nof the position of Director of the Sea Grant Program and five other\nsupergrade positions outside the Government-wide quota and without\nregard to the competitive appointment provisions of the Civil\nService system are also unwise.\nThe Sea Grant Program provides a valuable means for bringing\nthe resources of colleges and universities to bear on the Nation's\nefforts to make more productive use of our ocean resources. I\nbelieve that this bill will allow us to strengthen those efforts.\nI an theorfore signing this bill with law.\n10/6/76 - 11:25 am\nTHE WHITE HOUSE\nn\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: October 6\nTime: 1115am\nFOR ACTION:\nGeorge Humphreys\nCC (for information): Jack Marsh\nMax Friedersdorf\nJim Connor\nBobbie Kilberg\nEd Schmults\nNSC/S\nGlenn Schleede\n297.85\nto 10/8 6Am 11:37\nto\nDJS\nRobert Hartmann\n10/6 1:15\nFROM THE STAFF SECRETARY\nGAm\nOctober 6\nDUE: Date:\nTime: 100pm\nSUBJECT:\nH.R. 13035-Sea Grant Program Improvement Act of 1976\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to judy johnston, ground floor west wing\nThis package must go with the courier today.\n10/6\nresearched copy returned I\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\ntelephone the Staff Secretary immediately.\nFor the President\nSIGNING STATEMENT\nab\noh\nI am today signing H.R. 13035, the Sea Grant Program Improve-\npachap 1966\nment Act of ok 1976\non\nIn its 10-year history, the National Sea Grant Program has\nch\ncan\nplayed an appropriate oh role in developing Oh and coordinating the\nresources of universities, laboratories and other institutions\noh\nin furthering the understanding, assessment, development, utiliza-\ntion and conservation of our Nation's ocean and coastal resources.\nBrek-up H.R. 13035 would OK extend the National Sea Grant Program and insure X\nensure\nthat this worthwhile else work continues.\noh\nSome provisions in H.R. 13035 are on unnecessary. The proposed\nOh\n\"National Projects\" and \"International Cooperation Assistance\"\n)\nprograms are new categorical programs authorizing activities that\non\ncould more appropriately be carried out Lea by other agencies that\nhave the responsibility to address national marine related needs\nand problems.\none\nother\nProvisions in the bill which provide for the establishment\nBack-up\nof the position of Director of Oh the Sea Oh Grant Program and five other\nof\non\nsupergrade positions outside the Government-wide quota and without\nregard to the competitive appointment provisions of the Civil\nService system are also unwise.\nThe Sea Grant Program provides a valuable means for bringing\nthe resources of colleges and universities to bear on the Nation's\nefforts to make more productive use of our ocean resources. I\nbelieve that this bill will allow us to strengthen those efforts.\nSIGNING STATEMENT\nI am today signing H.R. 13035, the Sea Grant Program Improve-\nment Act of 1976.\nIn its 10-year history, the National Sea Grant Program has\nplayed an appropriate role in developing and coordinating the\nresources of universities, laboratories and other institutions\nin furthering the understanding, assessment, development, utiliza-\ntion and conservation of our Nation's ocean and coastal resources.\nH.R. 13035 would extend the National Sea Grant Program and Insure\nthat this worthwhile work continues.\nSome provisions in H.R. 13035 are unnecessary. The proposed\n\"National Projects\" and \"International Cooperation Assistance\"\nprograms are new categorical programs authorizing activities that\ncould more appropriately be carried out by other agencies that\nhave the responsibility to address national marine related needs\nand problems.\nProvisions in the bill which provide for the establishment\nof the position of Director of the Sea Grant Program and five other\nsupergrade positions outside the Government-wide quota and without\nregard to the competitive appointment provisions of the Civil\nService system are also unwise.\nThe Sea Grant Program provides a valuable means for bringing\nthe resources of colleges and universities to bear on the Nation's\nefforts to make more productive use of our ocean resources. I\nbelieve that this bill will allow us to strengthen those efforts.\nI an themefore mgaing this bill into laws\nfo\nMOLE\np.\nCUILIGS\noffer\n10/6/76 - 11:25am n\nSIGNING STATEMENT\nI am today signing H.R. 13035, the Sea Grant Program Improve-\nment Act of 1976.\nIn its 10-year history, the National Sea Grant Program has\nplayed an appropriate role in developing and coordinating the\nresources of universities, laboratories and other institutions\nin furthering the understanding, assessment, development, utiliza-\ntion and conservation of our Nation's ocean and coastal resources.\nE\nH.R. 13035 would extend the National Sea Grant Program and Insure\nthat this worthwhile work continues.\nSome provisions in H.R. 13035 are unnecessary. The proposed\n\"National Projects\" and \"International Cooperation Assistance\"\nprograms are new categorical programs authorizing activities that\ncould more appropriately be carried out by other agencies that\nhave the responsibility to address national marine related needs\nand problems.\nProvisions in the bill which provide for the establishment\nof the position of Director of the Sea Grant Program and five other\nsupergrade positions outside the Government-wide quota and without\nregard to the competitive appointment provisions of the Civil\nService system are also unwise.\nThe Sea Grant Program provides a valuable means for bringing\nthe resources of colleges and universities to bear on the Nation's\nefforts to make more productive use of our ocean resources. I\nbelieve that this bill will allow us to strengthen those efforts.\nI an themefore signing this bill mith law,\nSTATEMENT BY THE PRESIDENT\nI am today signing H.R. 13035, the Sea Grant Program\nImprovement Act of 1976,\nIn its 10-year history, the National Sea Grant Program\nhas played an appropriate role in developing and ovordinating\nthe resources of universities, laboratories and other institutions\nin furthering the understanding, assessment, development,\nutilisation and conservation of our Nation's ocean and coastal\nresources. H.R. 13035 would extend the National Sea Grant\nProgram and ensure that this worthwhile work continues.\nSome provisions in H.R. 13035 are unnecessary. The\nproposed \"National Projects\" and \"International Cooperation\nAssistance\" programs are new categorical programs authorising\nactivities that could more appropriately be carried out by\nother agencies that have the responsibility to address national\nmarine related needs and problems.\nProvisions in the bill which provide for the establishment\nof the position of Director of the Sea Grant Program and\nfive other supergrade positions outside the Government-wide\nquota and without regard to the competitive appointment pro-\nvisions of the Civil Service system are also unwise.\nThe Sea Grant Program provides a valuable means for\nbringing the resources of colleges and universities to bear\non the Nation's efforts to make more productive use of our\nocean resources. I believe that this bill will allow us to\nstrengthen those efforts.\nI am therefore signing this bill into law.\nOMB\nSIGNING STATEMENT\nI am today signing H.R. 13035, the Sea Grant Program Improve-\nment Act of 1976.\nIn its 10-year history, the National Sea Grant Program has\nplayed an appropriate role in developing and coordinating the\nresources of universities, laboratories and other institutions\nin furthering the understanding, assessment, development, utiliza-\ntion and conservation of our Nation's ocean and coastal resources.\nH.R. 13035 would extend the National Sea Grant Program and insure\nthat this worthwhile work continues.\nSome provisions in H.R. 13035 are unnecessary. The proposed\n\"National Projects\" and \"International Cooperation Assistance\"\nprograms are new categorical programs authorizing activities that\ncould more appropriately be carried out by other agencies that\nhave the responsibility to address national marine related needs\nand problems.\nProvisions in the bill which provide for the establishment\nof the position of Director of the Sea Grant Program and five other\nsupergrade positions outside the Government-wide quota and without\nregard to the competitive appointment provisions of the Civil\nService system are also unwise.\nThe Sea Grant Program provides a valuable means for bringing\nthe resources of colleges and universities to bear on the Nation's\nefforts to make more productive use of our ocean resources. I\nbelieve that this bill will allow us to strengthen those efforts.\n94TH CONGRESS\nHOUSE OF REPRESENTATIVES\nREPORT\n2d Session\nNo. 94-1048\nNATIONAL SEA GRANT COLLEGE AND PROGRAM ACT\nAMENDMENTS\nAPRIL 27,1976.-Committed to the Committee of the Whole House on the State of\nthe Union and ordered to be printed\nMrs. SULLIVAN, from the Committee on Merchant Marine and\nFisheries, submitted the following\nREPORT\n[To accompany H.R. 13035]\nThe Committee on Merchant Marine and Fisheries, to whom was re-\nferred the bill (H.R. 13035) to amend the National Sea Grant College\nand Program Act of 1966, having considered the same, report favor-\nably thereon without amendment and recommend that the bill do pass.\nPURPOSE OF THE LEGISLATION\nThe purpose of H.R. 13035 is to amend the National Sea Grant Col-\nlege and Program Act of 1966, as amended, to extend the authoriza-\ntion of funds for fiscal year 1977, to separately authorize funds for\nprograms of international cooperation, to separately authorize funds\nfor programs national in scope, to remove the prohibition of using Sea\nGrant funds for purpose of payment for the services of research vessels\nand other ocean facilities directly supporting specific sea grant-spon-\nsored activities, to expand the definition of \"marine environment,\" to\nencourage the cooperation among and joint participation by local and\nstate agencies of the government, industries, and educational institu-\ntions in the development and conservation of coastal and marine re-\nsources, to substitute the words \"development and conservation\" of\nmarine resources for \"exploitation,\" and to make certain technical\nchanges in the Act.\nBACKGROUND AND HISTORY\nThe National Sea Grant Program was created on October 15, 1966,\nwith enactment of Public Law 89-688, the \"National Sea Grant Col-\nlege and Program Act.\" Sponsors of the Act sought to develop a solid\nbase of expertise in universities and colleges by drawing on scientists\nand engineers committed to the ocean and its resources, and directing\nall available disciplines toward the understanding, utilization, man-\n57-006\n2\n3\nagement, and protection of the resources of the oceans and the Great\nTerritories, American Samoa, and Guam. As of June 30, 1975, there\nLakes.\nwere a total of 3,604 persons involved in 737 Sea Grant sponsored\nOriginally assigned to the National Science Foundation, the Na-\nprojects.\ntional Sea Grant Program was transferred to the National Oceanic\nThe following table presents the budget history of the National Sea\nand Atmospheric Administration (NOAA), U.S. Department of Com-\nGrant Program for the fiscal years 1967 through 1977.\nmerce, by the President's Reorganization Plan 4 in October of 1970.\nThe National Sea Grant Program is a Federal-state-university part-\nNATIONAL SEA GRANT PROGRAM, BUDGET HISTORY-FISCAL YEAR 1976 THROUGH 1977\nnership. It supports the integration of all three functions of American\n[Dollar amounts in millions]\nuniversities-research, education, and public service-in a practical\napproach to marine technology and resource development. It includes\nRequest to-\nApproved\nAuthoriza-\nbudget\nMatching\nthe flow of information from user need through research and testing\nFiscal year\ntion\nDOC\nOMB,\nCongress\nlevel\nObligations\nfunds\nand back to user application. This approach encourages interaction\nbetween individuals, speeding both research output and personnel\n1967\n$5\n$1.0\n$1.0\n1968\n15\n$5.0\n5.0\n5.0\n$5.0\n$5.0\n$3.1\ntraining, and it insures that Sea Grant receives and makes use of feed-\n1969\n6\n9.0\n6.0\n6.0\n6.0\n6.0\n3.7\n1970\n15\n10.0\n6.0\n6.0\n10.0\n9.0\n5.1\nback from the marine community.\n1971\n20\n18.0\n13.5\n13.5\n13.5\n13.5\n8.5\nSea Grant is guided by a. central staff in NOAA which provides\n1972\n25\n28.1\n22.0\n22:0\n15.2\n17.7\n9.7\n1973\n30\n30.0\n30.0\n21.2\n21.2\n19.5\n12.0\noverall management, general program guidance and regular and con-\n1974\n30\n30.0\n28.3\n19.8\n19.8\n19.8\n12.9\n1975\n40\n24.9\n24.3\n24.3\n23.3\n22.7\n14.9\ntinuing review of the state programs. This facilitates identification of\n1976\n50\n31.5\n25.7\n21.1\n29.1\n111.4\n1977\n50\n30.9\n26.9\n23.2\nnew research needs and continuous evaluation of program perform-\nance and productivity. The Office of Sea Grant provides integration\n1 Through February 1976.\nof Sea Grant activities with those of other Federal agencies. Local and\nstatewide programs are managed at the univerity level, guided by\nLEGISLATIVE AND HEARING RECORD\nlocal advisory groups and reviewed for technical merit at the local\nlevel, as well as through review mechanisms at the national office. This\nOn March 1, 2, and 3, 1976, the Oceanography Subcommittee held\nsystem of dual program review assures responsiveness to identified\noversight and authorization hearings for the purpose of evaluating the\nneeds. After problems have been identified and priorities of the pro-\nSea Grant program.\ngram are established, university resources are sought and mobilized.\nSome of the issues discussed during the hearings included: how\nA program at an institution begins with several coherent projects\nattuned to national priorities are the Sea Grant Program's priorities;\nwhich are limited in both scope and funding. After a few years, during\nwhat is the proper balance between local and nationally-oriented proj-\nwhich the program may develop and expand in multi-project efforts,\nects; what is the proper balance between research, education and\nthe program can achieve \"institutional\" status. Following at least\nadvisory service activities; how effective has the program been in\nthree years of satisfactory progress and the development of a broad\nmaking services and products known to potential users; what is the\nresearch program, an adequate practical education and training pro-\nright balance between individual projects and institutional support;\ngram and a functioning marine advisory service program, Sea Grant\nand what is the proper funding level for the program?\nCollege status may be designated.\nThe list of witnesses testifying before the Subcommittee included\nThis is a formal designation by the Secretary of Commerce. A Sea\nprofessionals from government, industry, academia and the Sea Grant\nGrant College is a college only in the sense that it pulls together a wide\nprogram itself. The overall view of the program was positive and well\nvariety of people and facilities to accomplish specified goals. It is\nrepresented in the statement by Dr. William McElroy, Chancellor,\nneither a hierarchy of staff or departments with a permanent or formal\nUniversity of California, and President of the American Association\nstructure, nor does it have its own research staff. Institutions officially\nfor the Advancement of Science, \"It is an excellent, much-needed,\ndesignated \"Sea Grant Colleges\" are:\nhighly beneficial program which has justified the expectations of its\nOregon State University.\nfounders.\"\nUniversity of Washington.\nAlthough the testimony expressed pride and confidence in the past\nUniversity of Wisconsin.\naccomplishments of the Sea Grant program, alternatives and possible\nUniversity of California.\nnew directions were discussed. During the three days of hearings there\nUniversity of Rhode Island.\nwere several topics emerged which could be addressed in this year's\nUniversity of Hawaii.\nlegislation the removal of prohibition on ship time funding, inter-\nTexas A. & M. University.\nState University of New York/Cornell.\nnational information exchanges, and projects of national priority.\nAs of early 1976, 124 educational institutions were participating in\nThere was unanimous support for the removal of the prohibition of\nthe Program. In addition, 412 government agencies and private com-\nship time funding by Sea Grant. Dr. Stanley Murphy of the Univer-\npanies were providing matching funds or in-kind support. Sea Grant\nsity of Washington suggested that the ship time funding would be\nis supporting activities in 26 states, the District of Columbia, the Trust\nneeded for Sea Grant investigators to obtain data at sea in order to\nconduct many phases of marine research. He stated that additional\n4\n5\nresources for this purpose beyond those already provided are required\nto meet the program's objectives.\nrepresentatives from related outside groups, the National Advisory\nAll of the testimony indicated that the present level of funding was\nCommittee on Oceans and Atmosphere, and other knowledgeable lead-\ninadequate and should be increased. Dr. Paul Fye, President of Woods\ners in marine affairs. The consensus of the testimony from the 17 wit-\nHole Oceanographic Institution, stated, \"The present Federal funding\nnesses who addressed the Subcommittee was basically supportive of\nis not sufficient to permit growth of those programs which are pro-\nthe program and its contributions to the nation's marine science and\ngressive and responsive to changing needs.\"\ntechnology.\nOther testimony indicated there are excellent opportunities for in-\nBasically, the bill would extend the Sea Grant program for one year\nternational cooperative efforts, particularly with the lesser-developed\nbeyond September, 1976. (Funding for the transitional period is cov-\ncountries. Testimony indicated the need to upgrade our methods of\nered by P.L. 94-274.) A one-year extension, rather than the usual three-\ntechnology exchange, and that the Sea Grant program was a suitable\nyear extension, is recommended to allow the Subcommittee on Ocean-\nvehicle for this effort.\nography to conduct its planned thorough review and examination of\nWith regard to Sea Grant resources placing greater emphasis on\nthe Nation's marine science and technology policy and the role that Sea\nprojects of national orientation, it was generally stated that Sea\nGrant might best play in helping to implement such policy. Extension\nGrant's service to state and local problems must be preserved for it is\nof the program for only one year should not be interpreted to mean\nin the local regions that the nation's needs are identified, clarified and\nthat the Committee does not support the continuation of the program\nbrought into proper focus.\nat the authorized level. It is the consensus of the Members of the Com-\nWitnesses testifying before the Committee supported the proposal\nmittee that to provide a three-year extension of the program now would\nproviding 100 percent grants for projects which are national in\nbe a mstake. It would remove the incentive to proceed expeditiously\nimportance.\nwith the planned review and implementation of an overall federal ma-\nThere was a great deal of testimony before the Subcommittee ex-\nrine science program, and would perpetuate Sea Grant at what is ap-\npressing opposition to proposals to reorganize the program within the\nparently a fixed level of funding. For the latter to happen is certain to\nNational Oceanic and Atmospheric Administration to provide a sepa-\ncause some of the present participants to reconsider their involvement,\nrate office for the marine advisory service function. There was also\ninasmuch as Sea Grant is a matching program which requires one-third\nopposition to the suggestion that a new office within NOAA with over-\nof its funds from the States and local sources.\nall responsibility in marine science research be established which would\nTwo new initiatives for the Sea Grant program were discussed be-\noversee the Sea Grant effort.\nfore the Subcommittee. The first deals with a provision for the exper-\nThe Subcommittee intends to examine these and other proposals\ntise within the Sea Grant program to focus on marine problems and\ndealing with not only Sea Grant but the broader question of the na-\nprojects that are national in scope and impact, and funded in a manner\ntion's overall marine science effort in hearings and studies during the\nthat does not require matching funds from the states. The granting\nnext year.\nmechanism provided by Section 204 of the law requires that federal\nLegislation introduced and referred to the Subcommittee on Ocean-\nfunding for any participant in any program not exceed 662/3 percent\nography, Committee on Merchant Marine and Fisheries for considera-\nof the total cost of the program. This system has served well to develop\ntion included: H.R. 12097, H.R. 12108, H.R. 12322, and H.R. 13035.\nprograms at universities and other institutions in which local and re-\nThe Executive Communication, which was transmitted March 4, 1976,\ngional needs are addressed and for which state legislatures and other\nwas considered by the Committee, but not introduced. On April 12,\nlocal and regional funding sources have been able to provide the match-\n1976, the Merchant Marine and Fisheries Committee met and Congress-\ning funds. This has been a key element in maintaining local and re-\nman Murphy, Chairman of the Subcommittee, made a motion to dis-\ngional interest, participation and interaction. A new Section 206 of the\ncharge the Subcommittee from the further consideration of H.R.\ntitle contains a separate authorization of $5 million for Sea Grant\n13035, and that it be taken up by the full Committee at that time. This\nstudies addressed specifically to national marine issues. This responds\nmotion was unanimously agreed to, and after discussion the full Com-\nto the need seen by the Congress for the Sea Grant program to address\nmittee reported H.R. 13035 unanimously, by voice vote, without\nocean issues of major national importance. In this experimental pro-\namendment.\ngram, the Secretary is not restricted to the matching fund requirements\nNEED FOR THE LEGISLATION\nunder this section.\nWhile supporting this new categorical grant program within Sea\nThe Sea Grant College and Program Act of 1966 was most recently\nGrant, the Committee does not intend to imply that the focus of re-\namended on July 10, 1973 (P.L. 93-73), which extended authorizations\nsearch should begin to shift to those projects of national scope only.\nfor appropriations through June 30, 1976.\nThe Committee is satisfied that the present direction of the national\nIn preparation for consideration of an extension of the authoriza-\nSea Grant Program should remain balanced between national and re-\ntion, the Subcommittee on Oceanography conducted oversight and au-\ngional projects designed to increase local and regional capabilities and\nthorization hearings on March 1, 2 and 3, 1976. The Subcommittee\nknowledge in the marine science field. In this respect, some Committee\nheard from a variety of witnesses, including federal managers of the\nMembers expressed concern that the \"site visitation teams\" sent to Sea\nprogram, Sea Grant directors and other participants in the program,\nGrant institutions to evaluate grant proposals should be composed of a\nbalanced cross-section of local, state, and federal experts. In this way,\n6\n7\nthe local and regional interests can be assured of adequate participa-\nH.R. 13035 represents a consolidation of measures proposed by Mr.\ntion and contribution during the evaluation process.\nRogers, sponsor of the original legislation, Mr. Matsunaga (H.R.\nThe second initiative recognizes the importance of international\n12097), and the Administration's proposed three-year extension.\ncooperation for the successful resolution of many marine issues. It is\nQuestions about the future direction of the Sea Grant program have\nparticularly important that the developing nations be assisted in in-\nbeen raised. One consequence has been the effective level funding of\ncreasing their understanding of the role than marine science can play\nthe program during the last several budgets. The Office of Manage-\nin ocean resource consideration and development. This initiative may\nment and Budget has stated its finding that the program needs a new\nhelp to reduce other nations' suspicions about the nature of marine\nfocus and direction in order to expand. Major new areas of emphasis\nresearch conducted by the United States and other developed nations\nseen needed by Congress is for Sea Grant research to address ocean\nSO that restrictions on these activities will not be increased. As other\nissues of national importance and to produce timely analyses of the\nnations are better able to digest the shared results of research off their\nissues in readily-understandable form and to promote international\ncoasts, the more willing they will be to permit such activities, it is\ncooperation. The questions that Congress has addressed in recent\nhoped. Finally, with new international agreements being entered into\nmonths, such as the 200-mile fishing zone, the extent of onshore im-\nby the United States, such as the International Convention for the Pre-\npacts stemming from offshore oil and gas operations and ocean mining\nvention of the Pollution of the Sea by Oil, the Intergovernmental\nconsiderations, are examples of the issues to be addressed. The new\nMaritime Consultative Organization, the Law of the Sea Conference,\nauthorizations in Sections 205 and 206 in H.R. 13035 are first steps in\nand others, this section will afford an opportunity for the United\nthis direction.\nStates to work with other nations in a spirit of cooperation in imple-\nSECTION-BY-SECTION ANALYSIS\nmenting these agreements.\nA new Section 205 of the title separately authorizes a $3 million\nThe following amendments to the Sea Grant College Act are pro-\nexperimental program which would provide for the training and edu-\nposed in H.R. 13035:\ncation of foreign nationals through the Sea Grant program and which\nDECLARATION OF PURPOSE\nwould permit Sea Grant to provide advisory services to foreign na-\ntions with respect to the development and conservation of their marine\n(1) The language of Sec. 202 (b) is amended to clarify that it is in\nresources.\nthe national interest to develop the skilled manpower, facilities, and\nThe two new authorizations for international cooperation and na-\nequipment necessary for the \"development and conservation\" of ma-\ntional programs are to provide a one-year experimental period to de-\nrine resources, rather than the \"exploitation\" of marine resources.\ntermine the kinds of initiatives the Sea Grant program can devise. The\n(2) New language is added as Sec. (d) declaring that it is in the\nCommittee can then review these initiatives to determine what support\nnational interest to \"encourage the cooperation among and joint par-\nit might wish to provide in subsequent years. It will be particularly\nticipation by local and State agencies of the government, industries,\nhelpful to be able to review the progress Sea Grant makes in address-\nand educational institutions in the development and conservation of\ning national priority issues in the coming months in view of the em-\ncoastal and marine resources.\"\nphasis this subject area received during the Subcommittee's hearings.\n(3) Technical changes are made which accommodate the addition\nThe other major substantive change in H.R. 13035 is to allow Sea\nof the new subsection (d) by redesignating existing subsections (d)\nGrant funds to be used to rent time on research vessels. This is a recom-\nand (e) as (e) and (f) respectively.\nmendation from the Sea Grant program personnel who have found\nthat their needs for ship time are considerable. At the same time, the\nGRANTS AND CONTRACTS FOR SEA GRANT COLLEGES AND PROGRAMS\nprogram officials are anxious that this funding not be the basis for a\nreduction in ship support from the National Science Foundation.\nAn extension of the basic Act is provided by authorizing in Sec.\nIn addition to the extension, the removal of prohibition for rental\n203 (b) (1) funds for fiscal year 1977 in the amount of $50 million.\nof research vessels, and the two new initiatives, the bill makes tech-\nnical changes in the language of the original act. In particular, a new\nMARINE RESOURCES\nsection in the statement of purpose of the law states that it is in the\nnational interest to encourage joint participation among various insti-\n(1) Sec. 204 (2) is amended to make it clear that the provisions\ntutions, governmental and private, in marine projects. This confirms\nof this paragraph that prohibit grant funds from being applied to the\na basic operating tenet of the Sea Grant program which has stressed\nrental, purchase, construction, preservation or repair of any building,\ninter-disciplinary research activity and involvement of a variety of\ndock or vessel shall not apply to payment for the services of research\ninterests. This addition comes from the Sea Grant community which\nvessels and other ocean facilities directly supporting specific sea grant-\nseeks recognition and sanction for this approach. Also, in the state-\nsponsored activities.\nment of purposes, the word, \"exploitation\" of marine resources was\n(2) Technical and conforming amendments are made to Sec. 204(i) :\nsubstituted by the words \"conservation and development\" to avoid the\nAn amendment strikes out \"scientific\" in Sec. 204(i) (1). The defini-\nnegative connotation of the word \"exploit\", which suggests abuse.\ntion of the term \"marine environment\" in Sec. 204(i) (2) is amended\n8\n9\nto include the \"water of the coastal zone as defined in the Coastal Zone\n3, 1976. The findings and recommendations based on these hear-\nManagement Act of 1972.\" Specific delimiting language in the defini-\nings are detailed in the sections of this report dealing with the\ntion is deleted which referred to the \"depth of 200 meters, or beyond\nneed for the legislation and the hearing record, a copy of which\nthat limit, to where the depths of superjacent waters admit of the ex-\nwill be transmitted to the Committee on Government Operations.\nploitation of the natural resources of the area.\" Language that reads\n(B) In the opinion of the Congressional Budget Office, no new\n\"seabed and subsoil of submarine areas beyond the Outer Continental\nbudget authority or increased tax expenditures, as required in Sec-\nShelf\" is substituted in lieu thereof.\ntion 308 (a) of the Congressional Budget Act of 1974 will result\nfrom enactment of this act.\nINTERNATIONAL COOPERATION\n(C) Pursuant to Section 403 of the Congressional Budget Act\nof 1974, the Congressional Budget Office has prepared a cost esti-\nAn obsolete reference in Sec. 205 to a $200,000 study of international\nmate for H.R. 13035 which follows the inflationary impact state-\nmarine technology transfer to have been completed not later than Sep-\nment below.\ntember 30, 1974, is deleted and replaced by a new Sec. 205 authorizing\n(D) The Committee on Government Operations has sent no re-\na fiscal year 1977 appropriation of up to $3 million to support and en-\nport to the Committee on Merchant Marine and Fisheries pursuant\ncourage the advancement of research and development capabilities of\nto Clause 2 (b) (2) of Rule X.\nother nations relating to the exploration, conservation, and manage-\nment of marine resources, and to encourage the international sharing\nINFLATIONARY IMPACT STATEMENT\nand exchange of information thereon. The Secretary of Commerce is\nauthorized to support the funding of education and training of for-\nPursuant to Clause 2(1) (4) of Rule XI of the Rules of the House\neign nationals through sea grant institutions, and to provide advice to\nof Representatives, the Committee estimates that the enactment of\nforeign nations on the development of their marine resources. For the\nH.R. 13035 would have no significant impact on the prices and costs\npurpose of carrying out this section, paragraphs (1) and (3) of Sec.\nin the national economy.\n204(d) of this Act shall not apply.\nCONGRESS OF THE UNITED STATES,\nNATIONAL PROGRAMS\nCONGRESSIONAL BUDGET OFFICE,\nA new Sec. 206 authorizes a fiscal year 1977 appropriation of up to\nWashington, D.C., April 22 1976.\n$5 million to allow the Secretary of Commerce to enter into contracts\nHon. LEONOR K. SULLIVAN,\nwith, or make grants to, institutions, agencies, and organizations\nChairman, Committee on Merchant Marine and Fisheries, U.S. House\ndescribed in Sec. 204 (c) of this Act with respect to activities of a\nof Representatives, Washington, D.C.\nnational scope and concern determined by the Secretary to be appropri-\nDEAR MADAM CHAIRMAN: Pursuant to Section 403 of the Congres-\nate in assisting him in carrying out programs relating to the develop-\nsional Budget Act of 1974, the Congressional Budget Office has pre-\nment, conservation, utilization, management, and protection of the\npared the attached cost estimate for H.R. 13035, a bill to amend the\nmarine environment. For the purposes of carrying out this section,\nNational Sea Grant College and Program Act of 1966.\nparagraphs (1) and (3) of Sec. 204(d) of this Act shall not apply.\nShould the Committee SO desire, we would be pleased to provide\nfurther details on the attached cost estimate.\nESTIMATED COST OF THE LEGISLATION\nSincerely,\nALICE M. RIVLIN, Director.\nPursuant to Clause 7 of Rule XIII of the Rules of the House of\nAttachment.\nRepresentatives, the Committee estimates that the cost of the legisla-\nCOST ESTIMATE\ntion for fiscal year 1977 will be as follows:\n1. Bill number: H.R. 13035.\nSection 203\n$50,000,000\nSection 205\n3,000,000\n2. Bill title: To amend the National Sea Grant College and Pro-\nSection 206\n5,000,000\ngram Act of 1966.\n3. Purpose of bill: The bill authorizes appropriations for the sup-\nTotal\n58,000,000\nport of education and research in marine science, pursuant to the Na-\ntional Sea Grant College and Program Act of 1966. In addition, the\nCOMPLIANCE WITH CLAUSE 2(1) (3) OF RULE XI\nbill makes several amendments to the Act, including:\nWith respect to the requirements of Clause (1) (3) of Rule XI of\n(a) an authorization of appropriations to support the educa-\nthe Rules of the House of Representatives-\ntion and training of foreign nationals and to provide advice to\n(A) Oversight and authorization hearings were held on the\nforeign nations on the development of their marine resources\nadministration of the National Sea Grant College and Program\n(sec. 205).\nAct of 1966, as amended, in Washington, D.C. on March 1, 2, and\n(3) an authorization of appropriations for contracts with or\ngrants to institutions or agencies to assist the Secretary of Com-\n10\n11\nmerce in the management and development of the marine environ-\nno reports had been received. This was due to the fact that H.R. 13035\nment (sec. 206).\nwas introduced on April 5, 1976, and was considered in markup on\nPrograms under this Act are to be administered by the Secretary of\nApril 12, 1976. The Department of Commerce and the National\nCommerce. This is an authorization bill, which requires subsequent\nScience Foundation representatives testified at the hearings.\nappropriation action.\n4. Cost estimate: The authorizations in this bill are for the fiscal\nCHANGES IN EXISTING LAW\nyear 1977. The budget impact is estimated as follows:\nIn compliance with clause 3 of rule XIII of the Rules of the House\nBUDGET EFFECTS\nof Representatives, as amended, changes in existing law made by the\n[Millions of dollars; fiscal years]\nbill, as reported, are shown as follows (existing law proposed to be\nomitted is enclosed in black brackets, new matter is printed in italic,\n1977\n1978\n1979\n1980\n1981\nexisting law in which no change is proposed is shown in roman) :\nAuthorization amount\n58\nEstimated costs\n23\n35\nNATIONAL SEA GRANT COLLEGE AND PROGRAM\nACT OF 1966\n5. Basis for estimate: There are three basic categories of expenses\nin this bill: administration; education, training and research pro-\nTITLE II-SEA GRANT COLLEGES AND PROGRAMS\ngrams; international cooperation and national programs.\nSHORT TITLE\nAdministration expenses are estimated to total $1.0 million and are\nexpected to be spent entirely during the 1977 fiscal year.\nSEC. 201. This title may be cited as the \"National Sea Grant College\nEducation, training, and research programs are carried out through\nand Program Act of 1966\".\ngrants to or contracts with various institutions, primarily academic.\nAlmost all of these grants or contracts are for a period of one year,\nDECLARATION OF PURPOSE\nwith a substantial portion of the commitments made during the sum-\nmer period preceding each academic year. Historically, virtually all\nSEC. 202. The Congress hereby finds and declares—\nof the appropriated funds have been obligated during the fiscal year of\n(a) that marine resources, including animal and vegetable life\nthe appropriation, and approximately 75 percent of the funds have\nand mineral wealth, constitute a far-reaching and largely un-\nbeen spent during that year. However, with the shift in fiscal years,\ntapped asset of immense potential significance to the United\nthis relationship is expected to change. A substantial portion of the\nStates; and\nfunds will still be obligated in the summer months, which will now be\n(b) that it is in the national interest of the United States to\nthe end rather than the beginning of a fiscal year. As a result, much\ndevelop the skilled manpower, including scientists, engineers, and\nmore spending will carry over into the following year. It is therefore\ntechnicians, and the facilities and equipment necessary for the\nestimated that of the $49 million authorized for FY 1977, 40 percent\n[exploitation] development and conservation of these resources;\n($20 million) will be spent during that year and 60 percent ($29 mil-\nand\nlion) will be spent in FY 1978.\n(c) that aquaculture, as with agriculture on land, and the\nThe international cooperation and national programs are authorized\ngainful use of marine resources can substantially benefit the\nfor the first time in this bill. They are expected, in general, to follow\nUnited States, and ultimately the people of the world, by pro-\nthe same spend-out pattern as the rest of the Sea Grant Program-\nviding greater economic opportunities, including expanded em-\nexcept that for FY 1977, obligation of the funds and thus expendi-\nployment and commerce; the enjoyment and use of our marine\ntures are expected to lag three or four months, because of the newness\nresources; new sources of food; and new means for the develop-\nof the programs. Therefore, of the $8 million authorized for these pro-\nment of marine resources; and\ngrams, about 30 percent ($2 million) will be spent in FY 1977 and 70\n(d) that it is in the national interest to encourage the coopera-\npercent ($6 million) will be spent in FY 1978.\ntion among and joint participation by State and local government\n6. Estimate comparison None.\nagencies, industries, and educational institutions in the develop-\n7. Previous CBO estimate: None.\nment and conservation of coastal and marine resources; and\n8. Estimate prepared by Robert A. Sunshine.\n[(d)](e) that Federal support toward the establishment, de-\n9. Estimate approved by : James L. Blum, Assistant Director for\nvelopment, and operation of programs by sea grant colleges and\nBudget Analysis.\nFederal support of other sea grant programs designed to achieve\nDEPARTMENTAL REPORTS\nthe gainful use of marine resources, offer the best means of pro-\nmoting programs toward the goals set forth in clauses (a), (b),\nReports were requested from the Departments of Commerce, State,\n[and (c) (c), and (d), and should be undertaken by the Federal\nInterior, the Environmental Protection Agency and the National\nGovernment; and\nScience Foundation. At the time this legislation was ordered reported,\n12\n13\n[(e)](f) that in view of the importance of achieving the earli-\nto the development of marine resources, the scientific community,\nest possible institution of significant national activities related to\nand the general public.\nthe development of marine resources, it is the purpose of this title\n(c) Programs to carry out the purposes of this title shall be accom-\nto provide for the establishment of a program of sea grant col-\nplished through contracts with, or grants to, suitable public or private\nleges and education, training, and research in the fields of marine\ninstitutions of higher education, institutes, laboratories, and public\nscience, engineering, and related disciplines.\nor private agencies which are engaged in, or concerned with, activities\nin the various fields related to the development of marine resources,\nGRANTS AND CONTRACTS FOR SEA GRANT COLLEGES AND PROGRAMS\nfor the establishment and operation by them of such programs.\nSEC. 203. (a) The provisions of this title shall be administered by\n(d) (1) The total amount of payments under any grant to or con-\nthe Secretary of Commerce (hereafter in this title referred to as the\ntract with any participant in any program to be carried out by such\n\"Secretary\").\nparticipant under this title shall not exceed 662/3 per centum of the\n(b) (1) For the purpose of carrying out this title (other than sec-\ntotal cost of such program. The Secretary may grant total payments\ntions 205 and 206) there is authorized to be appropriated to the Secre-\nthat exceed such per centum with respect to those programs or por-\ntions of programs requested by the Secretary on his own initiative,\ntary for the fiscal year ending June 30, 1967, not to exceed the sum of\nupon his determination that the requirement for payments of 331/3\n$5,000,000 for the fiscal year ending June 30, 1968, not to exceed the sum\nper centum of the cost thereof by the participant would be inequitable\nof $15,000,000, for the fiscal year ending June 30, 1969, not to exceed\nrelative to the benefits which the participant would receive therefrom.\nthe sum of $6,000,000, for the fiscal year ending June 30, 1970, not to\nThe total amount of payments to be made by the Federal Government\nexceed the sum of $15,000,000, for the fiscal year ending June 30, 1971,\nunder all programs and portions of programs as to which the Secre-\nnot to exceed the sum of $20,000,000, for the fiscal year ending June 30,\ntary shall in any fiscal year exercise his authority under the preceding\n1972, not to exceed the sum of $25,000,000, for the fiscal year ending\nsentence to reduce or eliminate matching payments by the participant\nJune 30, 1973, not to exceed the sum of $30,000,000, for the fiscal year\nshall not exceed 1 per centum of the funds appropriated under this\nending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal\ntitle for such fiscal year. For purposes of computing the amount of the\nyear ending June 30, 1975, not to exceed the sum of $40,000,000, for the\ntotal cost of any such program furnished by any participant, the\nfiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,\nSecretary shall include in such computation an amount equal to the\nfor the fiscal year ending September 30, 1977, not to exceed the sum of\nreasonable value of any buildings, facilities, equipment, supplies, or\n$50,000,000, and for each subsequent fiscal year only such sums as the\nservices provided by such participant with respect to such program\nCongress may hereafter specifically authorize by law.\n(but not the cost or value of land or of Federal contributions).\n(2) Amounts appropriated under this title are authorized to remain\n(2) No portion of any payment by the Secretary to any participant\navailable until expended.\nin any program to be carried out under this title shall be applied to the\npurchase or rental of any land or the rental, purchase, construction,\nMARINE RESOURCES\npreservation, or repair of any building, dock, or [vessel: Provided,\nSEC. 204. (a) In carrying out the provisions of this title the Secre-\nThat the] vessel. The prohibitions of this paragraph shall not apply\ntary shall consult with those experts engaged in pursuits in the various\nto (4) non-self-propelled habitats, buoys, platforms, or other similar\nfields related to the development of marine resources and with all\ndevices or structures, used principally for research purposes, and (B)\ndepartments and agencies of the Federal Government (including the\nthe payment for the services of research vessels and other ocean facili-\nUnited States Office of Education in all matters relating to education)\nties directly supporting specific sea grant sponsored activities, as au-\ninterested in, or affected by, activities in any such fields.\nthorized by the Secretary.\n(b) The Secretary shall exercise his authority under this title by-\n(3) The total amount of payments in any fiscal year by the Secre-\n(1) initiating and supporting programs at sea grant colleges\ntary to participants within any State shall not exceed 15 per centum\nand other suitable institutes, laboratories, and public or private\nof the total amount appropriated to the Secretary for the purposes of\nagencies for the education of participants in the various fields\nthis title for such fiscal year.\nrelating to the development of marine resources;\n(e) In allocating funds appropriated in any fiscal year for the pur-\n(2) initiating and supporting necessary research programs in\nposes of this title the Secretary shall endeavor to achieve maximum\nthe various fields relating to the development of marine resources,\nparticipation by sea grant colleges and other suitable institutes, lab-\nwith preference given to research aimed at practices, techniques,\noratories, and public or private agencies throughout the United States,\nand design of equipment applicable to the development of marine\nconsistent with the purposes of this title.\nresources; and\n(f) In carrying out his functions under this title, the Secretary\n(3) encouraging and developing programs consisting of in-\nshall attempt to support programs in such a manner as to supplement\nstruction, practical demonstrations, publications, and otherwise,\nand not duplicate or overlap any existing and related Government\nby sea grant colleges and other suitable institutes, laboratories,\nactivities.\nand public or private agencies through marine advisory pro-\n(g) Except as otherwise provided in this title, the Secretary, in\ngrams with the object of imparting useful information to per-\ncarrying out his functions under this title, has the same powers and\nsons currently employed or interested in the various fields related\nauthority as has the National Science Foundation under the National\n14\n15\nScience Foundation Act of 1950, as amended, to carry out its functions\n[STUDY OF INTERNATIONAL MARINE TECHNOLOGY TRANSFER\nunder that Act.\n(h) The head of each department, agency, or instrumentality of the\n[SEC. 205. (a) The Secretary of Commerce is authorized and directed\nFederal Government is authorized, upon request of the Secretary, to\nto undertake, through the National Sea Grant College Program, a\nmake available to the Secretary, from time to time, on a reimbursable\nstudy of the means of sharing, through cooperative programs with\nbasis, such personnel, services, and facilities as may be necessary to\nother nations, the results of marine research useful in the exploration,\nassist the Secretary in carrying out his functions under this title.\ndevelopment, conservation, and management of marine resources.\n(b) In carrying out the study required by subsection (a), the\n(i) For the purposes of this title-\n(1) the term \"development of marine resources\" means [scien-\nSecretary is authorized, without regard for paragraphs (1) and (3)\ntific] endeavors relating to the marine environment, including,\nof section 204 (d), to enter into contracts with, and make grants to,\nbut not limited to, the fields oriented toward the development,\ninstitutions, agencies, and organizations described in section\nconservation, or economic utilization of the physical, chemical,\n(c) The Secretary shall submit to the President and to the Con-\ngress the results and findings of such study, including specific recom-\ngeological, and biological resources of the marine environment;\nthe fields of marine commerce and marine engineering; the fields\nmendations, not later than September 30, 1974.\nrelating to exploration or research in, the recovery of natural\n[(d) For the purpose of carrying out this section there is authorized\nresources from, and the transmission of energy in, the marine\nto be appropriated not to exceed the sum of $200,000.]\nenvironment; the fields of oceanography and oceanology and the\nINTERNATIONAL COOPERATION\nfields with respect to the study of the economic, legal, medical, or\nsociological recovery, and control of the natural resources of the\nSEC. 205. (a) The Secretary is authorized to support and encourage\nmarine environment;\nthe advancement of research and development capabilities of other\n[(2) the term \"marine environment\" means the oceans; the\nnations relating to the exploration, conservation, and management of\nContinental Shelf of the United States; the Great Lakes; the\nmarine resources, and to encourage the international sharing and ex-\nseabed and subsoil of the submarine areas adjacent to the coasts\nchange of information with respect to such resources.\nof the United States to the depth of two hundred meters, or be-\n(b) In carrying out the provisions of this section, the Secretary is\nyond that limit, to where the depths of the superjacent waters\nauthorized to support the funding of education and training of for-\nadmit of the exploitation of the natural resources of the area; the\neign nationals through sea grant colleges and other suitable institutes,\nseabed and subsoil of similar submarine areas adjacent to the\nlaboratories, and public or private agencies of the United States, and\ncoasts of islands which comprise United States territory and the\nto provide advice to foreign nations with respect to the development of\nnatural resources thereof\ntheir marine resources. The provisions of paragraphs (1) and (3) of\n(2) the term \"marine environment\" means the Great Lakes, the\nsection 204(d) of this title shall not apply to any payments made pur-\noceans (including the waters of the coastal zone as defined in sec-\nsuant to this section.\ntion 304 (a) of the Coastal Zone Management Act of 1972 (16\n(c) For purposes of carrying out the provisions of this section there\nU.S.C. 1453 the Outer Continental Shelf of the United\nis authorized to be appropriated not to exceed the sum of $3,000,000\nStates, the seabed and subsoil of submarine areas adjacent to the\nfor the fiscal year ending September 30, 1977. Amounts appropriated\ncoasts of islands which comprise United States territory, the sea-\nunder this section are authorized to remain available until expended.\nbed and subsoil of submarine areas beyond the Outer Continental\nShelf, and the natural resources thereof;\nNATIONAL PROGRAMS\n(3) the term \"sea grant college\" means any suitable public or pri-\nvate institution of higher education supported pursuant to the pur-\nSEC. 206. (a) The Secretary, in addition to his authority under sec-\nposes of this title which has major programs devoted to increasing our\ntion 204 of this title, is authorized to enter into contracts with, or make\nNation's utilization of the world's marine resources and which is SO\ngrants to, organizations described in section 204(c) of this title, for\ndesignated by the Secretary; and\npurposes of conducting activities of a national scope and concern\n(4) the term \"sea grant program\" means (A) any activities of\nwhich are determined by the Secretary, on his own initiative, to be ap-\neducation or research related to the development of marine resources\npropriate in assisting him in carrying out programs relating to the de-\nsupported by the Secretary by contracts with or grants to institutions\nvelopment, conservation, utilization, management, and protection of\nof higher education either initiating, or developing existing pro-\nthe marine environment. The provisions of paragraphs (1) and (3) of\ngrams in fields related to the purposes of this title, (B) any activities\nsection 204(d) of this title and shall not apply to any payment made\nof education or research related to the development of marine resources\npursuant to this section.\nsupported by the Secretary by contracts with or grants to suitable in-\n(b) For purposes of carrying out the provisions of this section,\nstitutes, laboratories, and public or private agencies, and (C) any pro-\nthere is authorized to be appropriated not to exceed the sum of $5,000,-\ngrams of advisory services oriented toward imparting information\n000 for the fiscal year ending September 30, 1977. Amounts appropri-\nin fields related to the development of marine resources supported by\nated under this section are authorized to remain available until\nthe Secretary by contracts with or grants to suitable institutes, labora-\nexpended.\ntories, and public or private agencies.\n94TH CONGRESS\nHOUSE OF REPRESENTATIVES\nREPORT\n2d Session\nNo. 94-1556\nSEA GRANT PROGRAM IMPROVEMENT ACT OF 1976\nSEPTEMBER 15, 1976.-Ordered to be printed\nMrs. SULLIVAN, from the committee of conference,\nsubmitted the following\nCONFERENCE REPORT\n[To accompany H.R. 13035]\nThe committee of conference on the disagreeing votes of the two\nHouses on the amendments of the Senate to the bill (H.R. 13035) to\namend the National Sea Grant College and Program Act of 1966,\nhaving met, after full and free conference, have agreed to recom-\nmend and do recommend to their respective Houses as follows:\nThat the House recede from its disagreement to the amendment of\nthe Senate to the text of the bill and agree to the same with an amend-\nment as follows:\nIn lieu of the matter proposed to be inserted by the Senate amend-\nment insert the following:\nThat this Act may be cited as the \"Sea Grant Program Improvement\nAct of 1976\".\nSEC. 2. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE AND\nPROGRAM ACT OF 1966.\nTitle II of the Marine Resources and Engineering Development\nAct of 1966 (33 U.S.C. 1101 et seq.) is amended to read as follows:\nTITLE II-NATIONAL SEA GRANT PROGRAM\n\"SEC. 201. SHORT TITLE.\n\"This title may be cited as the 'National Sea Grant Program Act'.\n\"SEC. 202. DECLARATION OF POLICY.\n\"(a) FINDINGS.-The Congress finds and declares the following:\n\" (1) The vitality of the Nation and the quality of life of its\ncitizens depend increasingly on the understanding, assessment,\ndevelopment, utilization, and conservation of ocean and coastal\nresources. These resources supply food, energy, and minerals and\ncontribute to human health, the quality of the environment. na-\ntional security, and the enhancement of commerce.\n57-006 0\n2\n3\n\"(2) The understanding, assessment, development, utilization,\n(7) The term 'ocean and coastal resource' means any resource\nand conservation of such resources require a broad commitment\n(whether living, nonliving, manmade, tangible, intangible, ac-\nand an intense involvement on the part of the Federal Govern-\ntual, or potential) which is located in, derived from, or traceable\nment in continuing partnership with State and local govern-\nto, the marine environment. Such term includes the habitat of\nments, private industry, universities, organizations, and individ-\nany such living resourcè, the coastal space, the ecosystems, the\nuals concerned with or affected by ocean and coastal resources.\nnutrientrich areas, and the other components of the marine en-\n(3) The National Oceanic and Atmospheric Administration,\nvironment which contribute to or provide (or which are capable\nthrough the national sea grant program, offers the most suitable\nof contributing to or providing) recreational, scenic, esthetic, bio-\nlocus and means for such commitment and involvement through\nlogical, habitational, commercial, economic, or conservation values.\nthe promotion of activities that will result in greater such un-\nLiving resoures include natural and cultural plant life, fish, shell-\nderstanding, assessment, development, utilization, and conserva-\nfish, marine mammals, and wildlife. Nonliving resources include\ntion. Continued and increased Federal support of the establish-\nenergy sources, minerals, and chemical substances.\nment, development, and operation of programs and projects by\n(8) The term \"panel' means the sea grant review panel estab-\nsea grant colleges, sea grant regional consortia, institutions of\nlished under section 209.\nhigher education, institutes, laboratories, and other appropriate\n(9) The term 'person' means any individual; any public or\npublic and private entities is the most cost-effective way to pro-\nprivate corporation, partnership, or other association or entity\nmote such activities.\n(including any sea grant college, sea grant regional consortium,\n\"(b) Овлестіvе.-The objective of this title is to increase the under-\ninstitution of higher education, institute, or laboratory); or any\nstanding, assessment, development, utilization, and conservation of\nState, political subdivision of a State, or agency or officer thereof.\nthe Nation's ocean and coastal resources by providing assistance to pro-\n(10) The term 'sea grant college' means any public or private\nmote a strong educational base, responsive research and training activi-\ninstitution of higher education which is designated as such by the\nties, and broad and prompt dissemination of knowledge and techniques.\nSecretary under section 207.\n(c) PURPOSE.-It is the purpose of the Congress to achieve ob-\n(11) The term 'sea grant program' means any program\njective of this title by extending and strengthening the national sea\nwhich-\ngrant program, initially established in 1966, to promote research, ed-\n\"(A) is administered by any sea grant college, sea grant\nucation, training, and advisory service activities in fields related to\nregional consortium, institution of higher education, insti-\nocean and coastal resources.\ntute, laboratory, or State or local agency; and\n\"SEC. 203. DEFINITIONS.\n(B) includes two or more projects involving one or more\n\"As used in this title-\nof the following activities in fields related to ocean and coastal\nresources:\n\"(1) The term 'Administration' means the National Oceanic\nand Atmospheric Administration.\n\"(i) research,\n'(2) The term 'Administrator' means the Administrator of\n(ii) education,\nthe National Oceanic and Atmospheric Administration.\n(iii) training, or\n(3) The term 'Director' means the Director of the national sea\n(iv) advisory services.\ngrant program, appointed pursuant to section 204(b).\n'(12) The term 'sea grant regional consortium' means any as-\n'(4) The term \"field related to ocean and coastal resources'\nsociation or other alliance which is designated as such by the\nSecretary under section 207.\nmeans any discipline or field (including marine science (and the\nphysical, natural, and hiological sciences, and engineering, in-\n(13) The term 'Secretary' means the Secretary of Commerce.\ncluded therein), marine technology, education, economics, sociol-\n(14) The term 'State' means any State of the United States,\nogy, communications, planning, law, international affairs, and\nthe District of Columbia, the Commonwealth of Puerto Rico, the\npublic administration) which is concerned with or likely to im-\nVirgin Islands, Guam, American Samoa, the Commonwealth of\nprove the understanding, assessment, development, utilization, or\nthe Mariana Islands, or any other territory or possession of the\nUnited States.\nconservation of ocean and coastal resources.\n'(5) The term 'includes' and variants thereof should be read\n\"SEC. 204. NATIONAL SEA GRANT PROGRAM.\nas if the phrase 'but is not limited to' were also set forth.\n(a) IN GENERAL.-The Secretary shall maintain, within the Ad-\n(6) The term 'marine environment' means the coastal zone, as\nministration, a program to be known as the national sea grant pro-\ndefined in section 304(1) of the Coastal Zone Management Act of\ngram. The national sea grant program shall consist of the financial\n1972 (16 U.S.C. 1453(1)) ; the seabed, subsoil, and waters of the\nassistance and other activities provided for in this title. The Secretary\nterritorial sea of the United States; the waters of any zone over\nshall establish long-range planning guidelines and priorities for, and\nwhich the United States asserts exclusive fishery management\nadequately evaluate, this program.\nauthority; the waters of the high seas; and the seabed and subsoil\n\"(b) DIRECTOR.-(1) The Secretary shall appoint a Director of\nof and beyond the outer Continental Shelf.\nthe national sea grant program who shall be a qualified individual\nwho has-\n4\n5\n\"(A) knowledge or expertise in fields related to ocean and\n'(5) accept donations and voluntary and uncompensated serv-\ncoastal resources; and\nices, notwithstanding section 3679 of the Revised Statutes of the\n(B) appropriate administrative experience.\nUnited States (31 U.S.C. 665 ; and\n(2) The Director shall be appointed and compensated, without\n(6) issue such rules and regulations as may be necessary and\nregard to the provisions of title 5, United States Code, governing\nappropriate.\nappointments in the competitive service, at a rate not in excess of the\n\"SEC. 205. CONTRACTS AND GRANTS.\nmaximum rate for GS-18 of the General Schedule under section 5332\n\"(a) IN GENERAL.-The Secretary may make grants and enter into\nof such title.\ncontracts under this subsection to assist any sea grant program or\n(c) DUTIES.-The Director shall administer the national sea grant\nproject if the Secretary finds that such program or project will-\nprogram subject to the supervision of the Secretary and the Admin-\n'(1) implement the objective set forth in section 202(b) ; and\nistrator. In addition to any other duty prescribed by law or assigned\n\"(2) be responsive to the needs or problems of individual States\nby the Secretary, the Director shall-\nor regions.\n\"(1) apply the long-range planning guidelines and the priorities\nThe total amount paid pursuant to any such grant or contract may\nestablished by the Secretary under subsection (α) ;\nequal 662/3 percent, or any lesser percent, of the total cost of the sea\n\"(2) advise the Administrator with respect to the expertise and\ngrant program or project involved.\ncapabilities which are available within or through the national\n(b) SPECIAL GRANTS.-The Secretary may make special grants\nsea grant program, and provide (as directed by the Administra-\nunder this subsection to implement the objective set forth in section\ntor) those which are or could be of use to other offices and activities\n202(b). The amount of any such grant may equal 100 percent, or any\nwithin the Administration;\nlesser percent, of the total cost of the project involved. No grant may\n\"(3) evaluate activities conducted under grants and contracts\nbe made under this subsection unless the Secretary finds that—\nawarded pursuant to sections 205 and 206 to assure that the objec-\n(1) no reasonable means is available through which the appli-\ntive set forth in section 202 (b) is implemented;\ncant can meet the matching requirement for a grant under sub-\n\"(4) encourage other Federal departments, agencies, and in-\nsection (a);\nstrumentalities to use and take advantage of the expertise and\n(2) the probable benefit of such project outweighs the public\ncapabilities which are available through the national sea grant\ninterest in such matching requirement; and\nprogram, on a cooperative or other basis;\n(3) the same or equivalent benefit cannot be obtained through\n\"(5) advise the Secretary on the designation of sea grant col-\nthe award of a contract or grant under subsection (a) or section\nleges and sea grant regional consortia and, in appropriate cases,\n206.\nif any, on the termination or suspension of any such designation;\nThe total amount which may be provided for grants under this sub-\nand\nsection during any fiscal year shall not exceed an amount equal to 1\n\"(6) encourage the formation and growth of sea grant pro-\npercent of the total funds appropriated for such year pursuant to\ngrams.\nsection 212.\n(d) Powers.-To carry out the provisions of this title, the Secre-\n(c) ELIGIBILITY AND PROCEDURE.-Any person may apply to the\ntary may-\nSecretary for a grant or contract under this section. Application shall\n(1) appoint, assign the duties, transfer, and fix the compensa-\nbe made in such form and manner, and with such content and other\ntion of such personnel as may be necessary, in accordance with\nsubmissions, as the Secretary shall by regulation prescribe. The Secre-\nthe civil service laws; except that five positions may be established\ntary shall act upon each such application within 6 months after the\nwithout regard to the provisions of title 5, United States Code,\ndate on which all required information is received.\ngoverning appointments in the competitive service, but the pay\n(d) TERMS AND CONDITIONS.-(1) Any grant made, or contract\nrates for such positions may not exceed the maximum rate for\nentered into, under this section shall be subject to the limitations and\nGS-18 of the General Schedule under section 5332 of such title;\nprovisions set forth in paragraphs (2), (3), and (4) and to such other\n\"(2) make appointments with respect to temporary and inter-\nterms, conditions, and requirements as the Secretary deems necessary\nmittent services to the same extent as is authorized by section 3109\nor appropriate.\nof title 5, United States Code;\n(2) No payment under any grant or contract under this section\n\"(3) publish or arrange for the publication of, and otherwise\nmay be applied to-\ndisseminate, in cooperation with other services, offices, and pro-\n\"(A) the purchase or rental of any land; or\ngrams in the Administration, any information of research, edu-\n\"(B) the purchase, rental, construction, preservation, or repair\ncational, training, and other value in fields related to ocean and\nof any building, dock, or vessel;\ncoastal resources and with respect to ocean and coastal resources,\nexcept that payment under such grant or contract may, if approved\nwithout regard to section 501 of title 44, United States Code;\nby the Secretary, be applied to the purchase, rental, construction, pres-\n\"(4) enter into contracts, cooperative agreements, and other\nervation, or repair of non-self-propelled habitats, buoys, platforms,\ntransactions without regard to section 3709 of the Revised Statutes\nand other similar devices or structures, or to the rental of any research\nof the United States (41 U.S.C.5);\n6\n7\nvessel which is used in direct support of activities under any sea grant\nprogram or project.\n\"(B) any association or other alliance of two or more persons\n(3) The total amount which may be obligated for payment pur-\n(other than individuals) as a sea grant regional consortium.\nsuant to grants made to, and contracts entered into with, persons under\n'(2) No institution of higher education may be designated as a\nthis section within any one State in any fiscal year shall not exceed an\nsea grant college unless the Secretary finds that such institution-\namount equal to 15 percent of the total funds appropriated for such\n'(A) is maintaining a balanced program of research, edu-\nyear pursuant to section 212.\ncation, training, and advisory services in fields related to ocean\n\"(4) Any person who receives or utilizes any proceeds of any grant\nand coastal resources and has received financial assistance under\nor contract under this section shall keep such records as the Secretary\nsection 205 of this title or under section 204(c) of the National\nshall by regulation prescribe as being necessary and appropriate to\nSea Grant College and Program Act of 1966;\nfacilitate effective audit and evaluation, including records which fully\n\"(B) will act in accordance with such guidelines as are pre-\ndisclose the amount and disposition by such recipient of such proceeds,\nscribed under subsection (b) (2) ; and\nthe total cost of the program or project in connection with which such\n\"(0) meets such other qualifications as the Secretary deems\nproceeds were used, and the amount, if any, of such cost which was\nnecessary or appropriate.\nprovided through other sources. Such records shall be maintained for\nThe designation of any institution as a sea grant college under the\n3 years after the completion of such a program or project. The Secre-\nauthority of such Act of 1966 shall, if such designation is in effect\ntary and the Comptroller General of the United States, or any of\non the day before the date of the enactment of the Sea Grant Pro-\ntheir duly authorized representatives, shall have access, for the pur-\ngram Improvement Act of 1967, be considered to be a designation\npose of audit and evaluation, to any books, documents, papers, and\nmade under paragraph (1) 80 long as such institution complies with\nrecords of receipts which, in the opinion of the Secretary or of the\nsubparagraphs (B) and (C).\nComptroller General, may be related or pertinent to such grants and\n(3) No association or other atliance of two or more persons may\ncontracts.\nbe designated as a sea grant regional consortium unless the Secretary\n\"SEC. 206. NATIONAL PROJECTS\nfinds that such association or alliance-\n\"(a) IN GENERAL.-The Secretary shall identify specific national\n\"(A) is established for the purpose of sharing expertise, re-\nneeds and problems with respect to ocean and coastal resources. The\nsearch, educational facilities, or training facilities, and other\nSecretary may make grants or enter into contracts under this section\ncapabilities in order to facilitate research, education, training,\nwith respect to such needs or problems. The amount of any such grant\nand advisory services, in any field related to ocean and coastal\nor contract may equal 100 percent, or any lesser percent, of the total\nresources;\ncost of the project involved.\n\"(B) will encourage and follow a regional approach to solving\n\"(b) ELIGIBILITY AND PROCEDURE.-Any person may apply to the\nproblems or meeting needs relating to ocean and coastal re-\nSecretary for a grant or contract under this section. In addition, the\nsources, in cooperation with appropriate sea grant colleges, sea\nSecretary may invite applications with respect to specific national\ngrant programs, and other persons in the region;\nneeds or problems identified under subsection (a). Application shall\n\"(C) will act in accordance with such guidelines as are pre-\nbe made in such form and manner, and with such content and other\nscribed under subsection (b) (2) ; and\nsubmissions, as the Secretary shall by regulation prescribe. The Secre-\n\"(D) meets such other qualifications as the Secretary deems\ntary shall act upon each such application within 6 months after the\nnecessary or appropriate.\ndate on which all required information is received. Any grant made,\n\"(b) REGULATIONS.-The Secretary shall by regulation prescribe-\nor contract entered into, under this section shall be subject to the limi-\n\"(1) the qualifications required to be met under paragraphs\ntations and provisions set forth in section 205(d) (2) and (4) and\n(2) (σ) and (3) (D) of subsection (a); and\nto such other terms, conditions, and requirements as the Secretary\n\"(2) guidelines relating to the activities and responsibilities\ndeems necessary or appropriate.\nof sea grant colleges and sea grant regional consortia.\n(c) AUTHORIZATION FOR APPROPRIATIONS.-There is authorized to be\n\"(c) SUSPENSION OR TERMINATION OF DESIGNATION.-The Secretary\nappropriated for purposes of carrying out this section not to exceed\nmay, for cause and after an opportunity for hearing, suspend or\n$5,000,000 for the fiscal year ending September 30, 1977. Such sums\nterminate any designation under subsection (a).\nas may be appropriated pursuant to this subsection shall remain avail-\n\"SEC. 208. SEA GRANT FELLOWSHIPS.\nable until expended. The amounts obligated to be expended for the\n(a) IN GENERAL.-The Secretary shall support a sea grant fellow-\npurposes set forth in subsection (a) shall not, in any fiscal year, exceed\nship program to provide educational and training assistance to quali-\nan amount equal to 10 percent of the sums appropriated for such year\nfied individuals at the undergraduate and graduate levels of edu-\npursuant to section 212.\ncation in fields related to ocean and coastal resources. Such fellow-\n\"SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CON-\nships shall be awarded pursuant to guidelines established by the\nSORTIA.\nSecretary. Sea grant fellowships may only be awarded by sea grant\n(a) DESIGNATION.-(1) The Secretary may designate-\ncolleges, sea grant regional consortia, institutions of higher education,\n\"(A) any institution of higher education as a sea grant college;\nand professional associations and institutes.\nand\n8\n9\n\"(b) LIMITATION ON TOTAL FELLOWSHIP GRANTS.-The total amount\nindividual may be appointed as a voting member after serving one\nwhich may be provided for grants under the sea grant fellowship pro-\nfull term as such a member. A voting member may serve after the\ngram during any fiscal year shall not exceed an amount equal to 5 per-\ndate of the expiration of the term of office for which appointed until\ncent of the total funds appropriated for such year pursuant to\nhis or her successor has taken office, or until 90 days after such date,\nsection 212.\nwhichever is earlier.\n\"SEC. 209. SEA GRANT REVIEW PANEL.\n(4) The panel shall select one voting member to serve as the Chair-\n'(a) ESTABLISHMENT.-There shall be established an independent\nman and another voting member to serve as the Vice Chairman. The\ncommittee to be known as the sea grant review panel. The panel\nVice Chairman shall act as Chairman in the absence or incapacity of\nshall, on the 60th day after the date of the enactment of the Sea\nthe Chairman.\nGrant Program Improvement Act of 1976, supersede the sea grant\n(5) Voting members of the panel shall-\nadvisory panel in existence before such date of enactment.\n(A) receive compensation at the daily rate for GS-18 of the\n\"(b) DUTIES.-The panel shall take such steps as may be necessary\nGeneral Schedule under section 5332 of title 5, United States Code,\nto review, and shall advise the Secretary, the Administrator, and the\nwhen actually engaged in the performance of duties for such\nDirector with respect to-\npanel; and\n\"(1) applications or proposals for, and performance under,\n(B) be reimbursed for actual and reasonable expenses incurred\ngrants and contracts awarded under sections 205 and 206;\nin the performance of such duties.\n(2) the sea grant fellowship program;\n(6) The panel shall meet on a biannual basis and, at any other time,\n(3) the designation and operation of sea grant colleges and\nat the call of the Chairman or upon the request of a majority of the\nsea grant regional consortia, and the operation of sea grant\nvoting members or of the Director.\n(7) The panel may exercise such powers as are reasonably necessary\nprograms;\n(4) the formulation and application of the planning guidelines\nin order to carry out its duties under subsection (b)\nand priorities under section 204 (a) and (c) (1) and\n\"SEC. 210. INTERAGENCY COOPERATION.\n\" (5) such other matters as the Secretary refers to the panel for\n\"Each department, agency, or other instrumentality of the Federal\nreview and advice.\nGovernment which is engaged in or concerned with, or which has au-\nThe Secretary shall make available to the panel such information,\nthority over, matters relating to ocean and coastal resources-\npersonnel, and administrative services and assistance as it may rea-\n(1) may, upon a written request from the Secretary, make avail-\nsonably require to carry out its duties.\nable, on a reimbursable basis or otherwise, any personnel (with\n\"(c) MEMBERSHIP TERMS, AND POWERS.-(1) The panel shall\ntheir consent and without prejudice to their position and rating),\nconsist of 15 voting members who shall be appointed by the Secretary.\nservice, or facility which the Secretary deems necessary to carry\nThe Director shall serve as a nonvoting member of the panel. Not\nout any provision of this title;\nless than five of the voting members of the panel shall be individuals\n(2) shall, upon a written request from the Secretary, furnish\nwho, by reason of knowledge, experience, or training, are especially\nany available data or other information which the Secretary deems\nqualified in one or more of the disciplines and fields included in\nnecessary to carry out any provision of this title; and\nmarine science. The other voting members shall be individuals who,\n(3) shall cooperate with the Administration and duly author-\nby reason of knowledge, experience, or training, are especially quali-\nized officials thereof.\nfied in, or representative of, education, extension services, State gov-\n\"SEC. 211. ANNUAL REPORT AND EVALUATION.\nernment, industry, economics, planning, or any other activity which\n(a) ANNUAL REPORT.-The Secretary shall submit to the Congress\nis appropriate to and important for, any effort to enhance the under-\nand the President, not later than February 15 of each year, a report on\nstanding, assessment, development, utilization or conservation of ocean\nthe activities of, and the outlook for, the national sea grant program.\nand coastal resources. No individual is eligible to be a voting member\n(b) EVALUATION.-The Director of the Office of Management and\nof the panel if the individual is (A) the director of a sea grant college,\nsea grant regional consortium, or sea grant program; (B) an appli-\nBudget and the Director of the Office of Science and Technology\nPolicy, in the Executive Office of the President, shall have the oppor-\ncant for, or beneficiary (as determined by the Secretary) of, any grant\ntunity to review each report prepared pursuant to subsection (a). Such\nor contract under section 205 or 206; or (C) a full-time officer or\nDirectors may submit, for inclusion in such report, comments and\nemployee of the United States.\nrecommendations and an independent evaluation of the national sea\n(2) The term of office of a voting member of the panel shall be\ngrant program. Such material shall be transmitted to the Secretary\n3 years, except that of the original appointees, five shall be appointed\nfor a. term of 1 year, five shall be appointed for a term of 2 years,\nnot later than February 1 of each year, and the Secretary shall cause\nand five shall be appointed for a term of 3 years.\nit to be published as a separate section in the annual report submitted\npursuant to subsection (a):\n.66 (13) Any individual appointed to fill a vacancy occurring before\nthe expiration of the term for which his or her predecessor was ap-\n\"SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.\npointed shall be appointed only for the remainder of such term. No\n\"There is authorized to be appropriated for purposes of carrying\nout the provisions of this title (other than section 206) not to exceed\n10\n11\n$50,000,000 for the fiscal year ending September 30, 1977. Such sums as\nmay be appropriated under this section shall remain available until\n(2) The individual serving as the Associate Administrator of the\nexpended.\".\nNational Oceanic and Atmospheric Administration (pursuant to sec-\ntion 2(d) of Reorganization Plan Numbered 4 of 1970) on the date\nSEC. 3. INTERNATIONAL COOPERATION ASSISTANCE.\nof the enactment of this Act shall continue as the Associate Administra-\n(a) IN GENERAL.-The Secretary of Commerce (hereafter in this\ntor, notwithstanding the provisions of paragraph (1).\nsection referred to as the \"Secretary\") may enter into contracts and\nAnd the Senate agree to the same.\nmake grants under this section to-\nThat the House recede from its disagreement to the amendment\n(1) enhance the research and development capability of devel-\nof the Senate to the title of the bill.\noping foreign nations with respect to ocean and coastal resources,\nLEONOR K. SULLIVAN,\nas such term is defined in section 203 of the National Sea Grant\nToM N. DOWNING,\nProgram Act; and\nPAUL G. ROGERS,\n(2) promote the international exchange of information and\nJOHN M. MURPHY,\ndata with respect to the assessment, development, utilization, and\nJOHN BREAUX,\nconservation of such resources.\nPHILIP E. RUPPE,\n(b) ELIGIBILITY AND PROCEDURE.-Any sea grant college and sea\nC.A. MOSHER,\ngrant regional consortium (as defined in section 203 of the National\nManagers on the Part of the House.\nSea Grant Program Act) and any institution of higher education,\nWARREN G. MAGNUSON,\nlaboratory, or institute (if such institution, laboratory, or institute is\nERNEST F. HOLLINGS,\nlocated within any State (as defined in such section 203)) may apply\nTED STEVENS,\nfor and receive financial assistance under this section. Each grant or\nCLAIBORNE PELL,\ncontract under this section shall be made pursuant to such require-\nALAN CRANSTON,\nments as the Secretary shall, after consultation with the Secretary of\nJ. JAVITS,\nState, by regulation prescribe. Application shall be made in such form,\nManagers on the Part of the Senate.\nand with such content and other submissions, as may be 80 required.\nBefore approving any application for a grant or contract under this\nsection, the Secretary shall consult with the Secretary of State. Any\ngrant made, or contract entered into, under this section shall be subject\nto the limitations and provisions set forth in section 205 (d) (2) and (4)\nof the National Sea Grant Program Act and to such other terms, con-\nditions, and requirements as the Secretary deems necessary or\nappropriate.\n(c) AUTHORIZATION FOR APPROPRIATIONS-There is authorized to\nbe appropriated for purposes of carrying out this section not to exceed\n$3,000,000 for the fiscal year ending September 30, 1977. Such sums\nas may be appropriated under this section shall remain available until\nexpended.\nSEC. 4 CONFORMING AND MISCELLANEOUS PROVISIONS\n(a) Section 5314 of title 5, United States Code, is amended by\nadding at the end thereof the following new paragraph:\n\"(65) Administrator, National Oceanic and Atmospheric\nAdministration.\".\n(b) Section 5315 of title 5, United States Code, is amended by adding\nat the end thereof the following new paragraphs:\n'(109) Deputy Administrator, National Oceanic and Atmos-\npheric Administration.\n\"(110) Associate Administrator, National Oceanic and Atmos-\npheric Administration.\".\n(c) (1) Section 2(d) of Reorganization Plan Numbered 4 of 1970\n(84 Stat. 2090) is amended by striking out \"Level V\" and (5 U.S.C.\n5316)\" and inserting in lieu thereof \"Level IV\" and (5 U.S.C.\n5315)\", respectively.\nJOINT EXPLANATORY STATEMENT OF THE\nCOMMITTEE OF CONFERENCE\nThe managers on the part of the House and the Senate at the con-\nference on the disagreeing votes of the two Houses on the amend-\nments of the Senate to the bill (H.R. 13035) to amend the National\nSea Grant College and Program Act of 1966, submit the following\njoint statement to the House and the Senate in explanation of the\neffect of the action agreed upon by the managers and recommended\nin the accompanying conference report:\nThe Senate amendments struck out all of the House bill after the\nenacting clause and inserted a substitute text and provided a new\ntitle for the House bill. The House disagreed to the Senate amend-\nments.\nThe committee of conference recommends that the House recede\nfrom its disagreement to the amendment of the Senate to the text of\nthe House bill, with an amendment which is a substitute for both the\ntext of the House bill and the Senate amendment to the text of the\nHouse bill. The committee of conference also recommends that the\nHouse recede from its disagreement to the amendment of the Senate\nto the title of the House bill.\nThe provisions of the amendment recommended by the committee of\nconference are set forth below in a manner sufficiently detailed and\nexplicit to inform the House and the Senate as to the effect which the\namendment contained in the accompanying conference report will have\nupon the measure to which it relates.\nSUMMARY AND DESCRIPTION\nThe purpose of the conference substitute is to improve and strengthen\nthe national sea grant program and to increase the understanding,\nassessment, development, utilization, and conservation of ocean and\ncoastal resources upon which the quality of life of the major portion\nof this Nation's population is increasingly dependent.\nBoth the House bill and the Senate amendment extended the opera-\ntion of the national sea grant program in the National Oceanic and\nAtmospheric Administration by authorizing appropriations for an\nadditional period of time. The House bill authorized appropriations\nfor one additional fiscal year, through September 30, 1977, essen-\ntially as an interim extension. The Committee on Merchant Marine\nand Fisheries of the House of Representatives determined to conduct\na comprehensive review of the entire program in the 95th Congress\nbefore authorizing any longer term extension. The Senate amend-\nment authorized appropriations for three additional fiscal years,\nthrough September 30, 1978. This was a result of the investigations\nand conclusions reached by the Senate Committees on Labor and Pub-\nlic Welfare and on Commerce in regard to the program. The conferees\n(13)\n14\n15\nadopted some of the changes included in the Senate amendment but\nof the conferees that the Congress should be provided with the kind\nfollowed the House bill in limiting the extension of the program to\nof information and evaluation that will assist it in the performance\nonly one additional fiscal year. During this period the Committees can\nof its oversight and policymaking responsibilities.\ncontinue their review of the program, with special attention paid to the\nBoth the 1966 Act and the Senate amendment contained provisions\nimplementation of the changes included in the conference substitute\nto facilitate better utilization of the national sea grant program\nand the effect of these changes.\nthrough interagency cooperation. The conference substitute includes\nAt present, the national sea grant program is limited to providing\nsuch a provision.\nfinancial assistance primarily for programs or projects designed to\nThe other changes in the national sea grant program which are in-\nmeet the needs of individual States and localities. Both the House bill\ncluded in the conference substitute are set forth in the section-by-\nand the Senate amendment authorized the national sea grant pro-\nsection discussion portion of this statement of managers.\ngram, directly in the case of the House bill and indirectly in the case\nBoth the House bill and the Senate amendment directed the United\nof the Senate amendment, to assist national projects which are re-\nStates to provide assistance to developing foreign nations to increase\nsponsive to national needs or problems. This provision is included in\nthe capabilities of such nations in the management and utilization of\nthe conference substitute in a form which represents an amalgam of\nocean and coastal resources. This provision is included in the con-\nthe two provisions.\nference substitute in a form which represents an amalgam of the two\nThe Senate amendment made a number of substantive and technical\nprovisions.\nchanges in the Act which created the national sea grant program (the\nThe Senate amendment included a title II which set forth a pro-\nNational Sea Grant Program and College Act of 1966) and set them\ngram for a national marine science and technology policy within the\nforth as a single amendment to that Act. The House bill did not\nNational Oceanic and Atmospheric Administration under an Asso-\ninclude a comparable provision, although certain of these changes were\nciate Administrator and a new Office of Marine Resources, Science,\nset forth in the House bill in the form of separate amendments to the\nand Technology. The House bill contained no comparable provision.\n1966 Act. The conference substitute follows the Senate amendment in\nThe conference substitute follows the House bill in this regard, with\nthis regard, but with some significant changes to the substance of the\nthe Senate conferees having agreed to recede from their position. The\nSenate amendment:\nconferees agreed, however, that there is a pressing need to define and\nContracts and grants are to be made consistent with the objective\nset forth in precise detail a national ocean policy for the United States.\nof this title, and subject to terms and conditions which incorporate\nIt is the intent of the conferees to proceed towards this goal within\nchanges suggested by the House conferees which clarify the Senate\ntheir respective committees during the next Congress.\namendment.\nThe Congress has noted with dismay the worsening financial condi-\nSea grant colleges and sea grant regional consortia are to be desig-\ntion of the national sea grant program. Essentially level funding over\nnated pursuant to specific findings made, and regulations promulgated\nthe past half decade has not only drastically reduced the program's\nby, the Secretary of Commerce. The authority of the Secretary to\nbuying power, but has prevented the program from progressing as\nsuspend or terminate such a designation is retained in the same form\nrapidly as was originally envisioned toward one of its most important\nas proposed by the Senate.\ngoals: the formation of a strong coastal and Great Lakes network of\nThe Senate amendment established a sea grant fellowship program\ncenters of excellence in marine research, education, training, and ad-\nas a means to encourage and recognize the efforts of qualified graduates\nvisory services.\nand undergraduates in fields related to ocean and coastal resources.\nIn light of the changes made in this legislation, the conferees would\nThe conference substitute follows this provision.\nnow encourage the program's managers to give serious consideration\nThe Senate amendment contained a provision establishing an inde-\nto the possibilities of slow and careful augmentation of the network,\npendent sea grant review panel to provide improved review of the\nSO long as this action seems justified according to the guidelines and\nnational sea grant program and to enhance the information available\ncriteria called for by the conference substitute and in keeping with re-\nfor congressional oversight. The conference substitute includes this\nsponsible program management and the funds available to the\nprovision but with modifications which reflect the desires and concerns\nprogram.\nof the House conferees to focus and clarify the duties of the\nSECTION-BY-SECTION DISCUSSION\npanel in a more appropriate manner, and to establish criteria for\nmembership.\nSection 1. Short title\nTitle II of the Senate amendment provided for an annual report\nThe first section of the conference substitute follows the Senate\nand evaluation to be prepared with respect to the National Oceanic\namendment in providing that the short title of this legislation is the\nand Atmospheric Administration, which necessarily would include a\n\"Sea Grant Program Improvement Act of 1976.\"\ndiscussion of the national sea grant program. Since the conferees\ndid not adopt most of the provisions of title II of the Senate amend-\nSection 2. Amendment to the National Sea Grant College and Pro-\nment, the conference substitute has been narrowed to provide for an\ngram Act of 1966.\nannual report and evaluation only with respect to the national sea grant\nThis section follows the House bill or the Senate amendment, or\nprogram. This provision of the conference substitute reflects the view\nboth, in amending the National Sea Grant College and Program Act\n16\n17\nof 1966 (which is title II of the Marine Resources and Engineering\nThe section defines the term \"sea grant program\" to reflect the spe-\nAct of 1966) as follows:\ncific activities to be conducted pursuant to this title. Such a program\nSection 201 provides that the short title of this legislation is\nmust be administered by a sea grant college, sea grant regional con-\nthe \"National Sea Grant Program Act\".\nsortium, other institution of higher education, institute, laboratory or\nSection 202 sets forth the findings, of Congress and the objective\nState or local agency, and it must include two or more projects involv-\nand purpose of the title. The national sea grant program, initially\ning research, education, training, or advisory services in fields related\nestablished in 1966, shall be extended and strengthened to promote\nto ocean and coastal resources.\nresearch, education, training, and advisory service activities in fields\nSection 204 directs the Secretary of Commerce to maintain a national\nrelated to ocean and coastal resources through federal support to sea\nsea grant program within NOAA to be administered by a Director\ngrant colleges, sea grant regional consortia, and other institutions,\nappointed by the Secretary. The qualifications of the Director are set\nthrough the National Oceanic and Atmospheric Administration\nforth as well as specific duties. The Director shall-(1) apply long-\n(NOAA). Education, training, research or advisory services activities\nrange guidelines and implement priorities established by the Secre-\nshould not be funded under the national sea grant program unless they\ntary; (2) advise the NOAA Administrator of program expertise and\nare responsive to State, local, regional, or national needs or problems.\ncapabilities beneficial to other offices of NOAA; (3) assure that Feder-\nSection 203, the Definitions section, follows the House bill or the\nally-funded sea grant projects comply with the objective of this title;\nSenate amendment, or both, by adding new definitions to the title or\n(4) encourage the sharing of program expertise and capabilities with\nby modifying definitions used in the Act of 1966. The terms \"Adminis-\nother Federal agencies; (5) advise the Secretary on the designation (or\ntration\" and \"Administrator\" are added to reflect changes made by\ntermination or suspension of such designation) of sea grant colleges\nthe transfer of the National Sea Grant Program (under Reorganiza-\nand sea grant regional consortia; and (6) encourage the formation and\ntion Plan Numbered Four of 1970) from the National Science Founda-\ngrowth of sea grant programs.\ntion to the National Oceanic and Atmospheric Administration.\nThe section also grants certain powers which are necessary to carry\nThe term \"marine environment\" follows the House bill and the\nout the title. The Act of 1966 as amended, by declaring that \"the Secre-\nSenate amendment. The term is meant to include the coastal zone, as\ntary, in carrying out his functions under this title, has the same powers\ndefined in the Coastal Zone Management Act of 1972; the seabed, sub-\nand authority as has the National Science Foundation under the\nsoil, and waters of the territorial sea of the United States; the waters\nNational Science Foundation Act of 1950\", provides that the sea grant\nof any zone over which the United States asserts exclusive fishery man-\nprogram may employ \"such technical and professional personnel\" as\nagement authority; the waters of the high seas; and the seabed and\nthe Secretary \"may deem necessary\", without regard to the civil service\nsubsoil of and beyond the outer Continental Shelf. The term \"outer\nlaws. The conference substitute restricts this power to create excepted\nContinental Shelf\" as used in this definition is intended to have the\n(i.e. non-civil service) positions by limiting to 5 the number thereof.\nsame meaning as in section 2(a) of the Outer Continental Shelf Lands\nThe present authority to publish or arrange for publication of infor-\nAct of 1953 (43 U.S.C. 1331 (a)).\nmation, which is also based in the Science Foundation Act, is included\nThe term \"ocean and coastal resource\" means any living, non-living,\nin the conference substitute but with the modification that such infor-\nmanmade, tangible, intangible, actual, or potential resource which is\nmation shall be disseminated by the sea grant program \"in cooperation\nlocated in, derived from, or traceable to the marine environment. Spe-\nwith\" the other entities within NOAA (such as the National Marine\ncific examples of those resources which are meant to be included are\nFisheries Service and the Coastal Zone Management Office).\nenumerated.\nSection 205 authorizes the Secretary to make grants and enter into\nThe term \"Director\" means the Director of the national sea grant\ncontracts to assist any sea grant program or project found to imple-\nprogram appointed pursuant to section 204 (b) of this title.\nment objectives and be responsive to needs and problems of individual\nThe term \"field related to ocean and coastal resources\" follows the\nstates or regions through grants or contracts not exceeding 66% of\nSenate amendment to include any discipline or field \"which is con-\nthe cost of the program or project involved. Special grants of up to\ncerned with or likely to improve the understanding, assessment, devel-\n100% may be made, from up to 1% of funds appropriated, for purposes\nopment, utilization, or conservation of ocean or coastal resources\".\nunable to be achieved through matching grants. Certain terms and con-\nThe section defines \"person\" to mean any individual, any public or\nditions are listed in this section which follow the House bill and the\nprivate corporation, partnership, or other association or entity (in-\nSenate amendment. No financial assistance can be provided by the\ncluding any sea grant college, sea grant regional consortium, institution\nSecretary if the proceeds \"will be applied to the purchase or rental of\nof higher education, institute, or laboratory) ; or any State, political\nany land or to the purchase, rental, construction, preservation, or repair\nsubdivision of a State, or agency or officer thereof.\nof any building, dock, or vessel.\" An exception to this prohibition is\nThe definition of the term \"panel\" means the sea grant review panel\nprovided to allow funds to be used for the purchase, rental, construc-\nestablished in section 209 of this title.\ntion, preservation, or repair of non-self-propelled habitats, buoys,\nThe terms \"sea grant college\" and \"sea grant regional consortium\"\nplatforms, and other similar devices or structures, or to the rental of\nmean those colleges and association or alliances of persons which are\nany research vessel which is used in direct support of activities under a\ndesignated as such pursuant to section 207 of this title.\nsea grant program. The exceptions relating to stationary habitats,\n19\n18\nconsortium will encourage and follow a regional approach to solving\nbuoys, platforms, and similar devices is included in present law SO that\nproblems or meeting needs relating to ocean and coastal resources.\nthe one additional exception provided for in this conference substitute\nWhile the sea grant regional consortium can be designated as such\npertains to the rental of research vessels. This provision follows the\nbased on a finding that it will provide one or more of the services\nHouse bill and the Senate amendment. When the original Act was\nenumerated in the legislation (i.e., research, education, training, or\nenacted in 1966, it was thought that funds for the purchase of ship time\nadvisory services) it is essential that it be required to provide all\ncould be drawn from other sources within the National Science Foun-\nfour services as soon as is practicable after designation. Each sea grant\ndation. Because of Federal funding constraints imposed upon the sci-\ncollege must maintain a balanced program of research, education,\nentific community during recent years, many of the former sources of\ntraining, and advisory services in fields related to ocean and coastal\nresearch grants are no longer in a position to be able to assist sea grant\nresources. The conferees intend that designation as a sea grant college\nprograms. Therefore, this flexibility is being given to the Secretary SO\nor sea grant regional consortium shall not entitle such entity to prefer-\nthat sea grant programs on projects can utilize funds for the purchase\nential treatment beyond the recognition of capabilities required for\nof ship time to accomplish specific scientific objectives related to such\nsuch designation. It is expected that the National Sea Grant Program\nprograms or projects.\nwill be administered in a manner which will provide an equal oppor-\nNo one State can receive, under such contracts and grants, more than\ntunity for participation of all qualified applicants.\n15 percent of the funds appropriated to the National Sea Grant Pro-\nThe Secretary is required to promulgate regulations setting forth\ngram in a particular fiscal year. An additional condition set forth in\nthe qualifications required to be met by sea grant colleges and sea grant\nthis section relates to the manner and form of recordkeeping by grant\nregional consortia as well as the duties of such colleges and consortia\nrecipients. This auditing language is rather standard in recent statutes\nafter designation. Section 207 (c) permits the Secretary to suspend or\nto inform those persons receiving grants of requirements imposed upon\nterminate such designation for cause.\nthem for government auditing purposes.\nSection 208 requires the Secretary to support a sea grant fellowship\nSection 206 follows the House bill and the Senate amendment by\nprogram to provide educational and training assistance to qualified\nauthorizing the Secretary to make grants up to 100 percent of the total\nindividuals at the undergraduate and graduate levels of education.\ncost of projects if such projects address specific national needs or\nThis education must be in fields related to ocean and coastal resources.\nproblems with respect to ocean and coastal resources. The Secretary\nSuch assistance shall be awarded by sea grant colleges, sea grant\nis directed to identify specific national needs and problems related to\nregional consortia, and other suitable institutions of higher education,\nocean and coastal resources. It is anticipated that the Secretary will\npursuant to guidelines issued by the Secretary. The total amount of\ncarry out this function on a continuing basis SO that the program can\nfunds which may be obligated for such fellowships during any fiscal\nshift in direction as national needs change. Specific terms and condi-\nyear cannot exceed 5 percent of the total funds appropriated pursuant\ntions are set forth in this section which are consistent with some of the\nto section 212 for such year. This provision follows the Senate\nrequirements imposed upon contract and grant recipients under section\namendment.\n205. This national project provision is authorized on an experimental\nSection 209 establishes a statutory sea grant review panel which, on\nbasis for one year, SO that the responsible Committees of the Congress\nthe 60th day after the day on which this legislation is enacted, will\ncan closely evaluate its effectiveness and value. The appropriations\nsupersede the sea grant advisory panel currently in existence. Specific\nauthorization is kept separate from the authorization for all of the\nduties of the panel are set forth in subsection (b) ; these are not meant\nother activities because the conferees do not want the major program\nto be exclusive. This panel shall review and advise the Secretary on\nfunds eroded, and they want the two programs dealt with separately\non their respective merits. While $5 million is authorized to be appro-\ngrant proposals and projects; the fellowship program; the designation\nand operation of sea grant colleges, sea grant regional consortia, and\npriated for national projects, an additional restriction mandates that\nthe operation of sea grant programs, and such other matters as the Sec-\nthe Secretary cannot obligate to be expended for national projects an\nretary refers to the panel. The conferees do not expect the panel to\namount equal to more than 10 percent of funds appropriated under\nreview all proposals and applications for grants and contracts, but\nsection 212.\nSection 207 follows the House bill and the Senate amendment by\nreview a cross-section of such proposals and applications. Subsection\n(c) provides for the organization of the panel, outlining the member-\nauthorizing the Secretary of Commerce to designate \"sea grant col-\nleges\" throughout the United States. This power was given to the\nship, terms of office, and powers and sets forth some prohibitions con-\nSecretary previously in the Act of 1966, and it is being extended in\ncerning membership. The panel shall consist of 15 voting members\nthis legislation. Subsection (a) (1) (B) follows the Senate amendment\nappointed by the Secretary, plus the Director as a non-voting member.\nby authorizing the Secretary to designate a \"sea grant regional con-\nNo less than five members shall be qualified in marine science, and the\nsortium\". Any association or other alliance of two or more persons (as\nremaining members shall be qualified in education, extension services,\ndefined in section 203) can be designated as a consortium if it is estab-\nstate government, industry, economics, planning or other activity ap-\nlished for the purpose of sharing expertise, research, educational facil-\npropriate to ocean and coastal resources. No individual is eligible to be\nities, or training facilities, and other capabilities in order to facilitate\na voting member of the panel if the individual is a director of a sea\nresearch, education, training and advisory services, in any field related\ngrant college, sea grant regional consortium, or sea grant program a\nto ocean and coastal resources. The Secretary must also find that such\nFederal employee; an applicant for, or beneficiary (as determined by\n20\n21\nthe Secretary) of any grant or contract under section 205 or 206. The\nThe conferees envision that this provision will be utilized by sea\nSecretary, in determining beneficiary, shall consider all possible con-\ngrant colleges, sea grant regional consortia, institutions of higher edu-\nflicts of interest which might prejudice a voting member's actions on\ncation, laboratories, and institutes in this Nation to encourage the\nthe panel. The panel is required to meet biannually; it may meet at\nresearch and development of, and technology transfer to, develop-\nother times at the call of the Chairman, upon the request of a majority\ning countries in respect to ocean and coastal resources. The purpose\nof the voting members, or upon the request of the Director.\nis to enhance scientific cooperation between developing foreign nations\nSection 210 follows the Senate amendment by placing certain re-\nand their institutions of higher education, institutes, and laboratories\nquirements upon departments, agencies, or other instrumentalities of\nwith those of the United States. The conferees intend that the Secre-\nthe Federal Government engaged in, concerned with, or which have\ntary delegate the administrative functions of this program to the\nauthority over matters relating to ocean and coastal resources. Such\nAdministrator of NOAA.\ndepartments, agencies, or instrumentalities must cooperate with\nSection 4. Conforming and miscellaneous provisions\nNOAA and its duly authorized officials and may provide personnel,\nservices, and facilities to NOAA to assist in achieving the objective\nThis section follows the Senate amendment.\nof this title. Such departments, agencies or instrumentalities are re-\nSubsection (a) adds the Administrator of NOAA to the statutory\nquired to provide available data or other information which the Sec-\nlist of Federal officials at Level III of the Executive Pay Schedule.\nretary deems necessary to carry out this title. This section is intended\nSubsection (b) and (c) adds the Deputy and the Associate Ad-\nto stimulate cooperation and coordination within NOAA as well as\nministrator of NOAA to the list of executives compensated at Level\nthroughout the Executive Branch.\nIV of the Executive Pay Schedule.\nSection 211 follows the Senate amendment in requiring the Secre-\nLEONOR K. SULLIVAN,\ntary to transmit an annual report to the Congress and to the President\nToM N. DOWNING,\nby February 15 of each year. This report should comprehensively\nPAUL G. ROGERS,\ncover all of the activities of the national sea grant program for the\nJOHN M. MURPHY,\npreceding fiscal year and it should project future activities and objec-\nJOHN BREAUX,\ntives of such program. The Director of the Office of Management and\nPHILIP E. RUPPE,\nBudget and the Director of the Office of Science and Technology\nC.A. MOSHER,\nPolicy, in the Executive Office of the President, shall be given an op-\nManagers on the Part of the House.\nportunity to review each report to be submitted. In addition, such\nWARREN G. MAGNUSON,\nDirectors may submit their own comments, recommendations and inde-\nERNEST F. HOLLINGS,\npendent evaluations of the national sea grant program. These OMB\nTED STEVENS,\nand OSTP views shall be transmitted to the Secretary not later than\nCLAIBORNE PELL,\nFebruary 1 of each year and the Secretary shall publish such views\nALAN CRANSTON,\nas a separate section in the annual report. The conferees feel that the\nJ. JAVITS,\nDirectors can provide valuable opinions to assist the Congress in its\nManagers on the Part of the Senate.\noversight responsibilities.\nSection 212 authorizes appropriations for the implementation of the\nactivities and programs of the National Sea Grant Program (other\nthan section 206 of this title). The level and duration of authorizations\nfollows the House bill by providing $50 million for one fiscal year\n(FY 1977).\nSection3. International cooperation assistance\nThe Secretary may enter into grants and contracts with any sea\ngrant college, sea grant regional consortium, institution of higher\neducation, laboratory, or institute within the United States, to enhance\nresearch and development capabilities of developing foreign nations\nand promote the international exchange of information and data with\nrespect to ocean and coastal resources. $3,000,000 is authorized for\nFY 1977. The conferees intend that the term \"developing foreign\nnation\" include any foreign nation other than a foreign nation which\nis ineligible for designation (under section 502(b) of the Trade Act of\n1974 (19 U.S.C. 2462(b)) as a beneficiary developing country under\ntitle V of such Act."
}