[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 437 Engrossed in House (EH)]


  1st Session

                               H. R. 437

_______________________________________________________________________

                                 AN ACT

  To reauthorize the National Sea Grant College Program Act, and for 
                            other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                H. R. 437

_______________________________________________________________________

                                 AN ACT


 
  To reauthorize the National Sea Grant College Program Act, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Sea Grant College Program 
Reauthorization Act of 1997''.

SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the National Sea Grant 
College Program Act (33 U.S.C. 1121 et seq.).

SEC. 3. AMENDMENTS TO DEFINITIONS.

    (a) Sea Grant Institution.--Section 203 (33 U.S.C. 1122) is amended 
by adding at the end the following new paragraph:
            ``(16) The term `sea grant institution' means--
                    ``(A) any sea grant college or sea grant regional 
                consortium, and
                    ``(B) any institution of higher education, 
                institute, laboratory, or State or local agency 
                conducting a sea grant program with amounts provided 
                under this Act.''.
    (b) Field Related to Ocean, Coastal, and Great Lakes Resources.--
Section 203(4) (33 U.S.C. 1122(4)) is amended to read as follows:
            ``(4) The term `field related to ocean, coastal, and Great 
        Lakes resources' means any discipline or field, including 
        marine affairs, resource management, technology, education, or 
        science, which is concerned with or likely to improve the 
        understanding, assessment, development, utilization, or 
        conservation of ocean, coastal, and Great Lakes resources.''.
    (c) Secretary.--
            (1) In general.--Section 203(13) (33 U.S.C. 1122(13)) is 
        amended to read as follows:
            ``(13) The term `Secretary' means the Secretary of 
        Commerce, acting through the Under Secretary of Commerce for 
        Oceans and Atmosphere.''.
            (2) Conforming amendments.--The Act is amended--
                    (A) by striking section 203(15) (33 U.S.C. 
                1122(15));
                    (B) in section 209(b) (33 U.S.C. 1128(b)), as 
                amended by this Act, by striking ``, the Under 
                Secretary,''; and
                    (C) by striking ``Under Secretary'' every other 
                place it appears and inserting ``Secretary''.

SEC. 4. CONSULTATIONS REGARDING LONG-RANGE PLANNING GUIDELINES AND 
              PRIORITIES AND EVALUATION.

    Section 204(a) (33 U.S.C. 1123(a)) is amended in the last sentence 
by inserting after ``The Secretary'' the following: ``, in consultation 
with the sea grant institutions and the panel established under section 
209,''.

SEC. 5. DUTIES OF DIRECTOR.

    Section 204(c) (33 U.S.C. 1123(c)) is amended to read as follows:
    ``(c) Duties of Director.--
            ``(1) In general.--The Director shall administer the 
        National Sea Grant College Program subject to the supervision 
        of the Secretary. In addition to any other duty prescribed by 
        law or assigned by the Secretary, the Director shall--
                    ``(A) advise the Secretary with respect to the 
                expertise and capabilities which are available within 
                or through the National Sea Grant College Program, and 
                provide (as directed by the Secretary) those which are 
                or could be of use to other offices and activities 
                within the Administration;
                    ``(B) encourage other Federal departments, 
                agencies, and instrumentalities to use and take 
                advantage of the expertise and capabilities which are 
                available through the National Sea Grant College 
                Program, on a cooperative or other basis;
                    ``(C) encourage cooperation and coordination with 
                other Federal programs concerned with ocean, coastal, 
                and Great Lakes resources conservation and usage;
                    ``(D) advise the Secretary on the designation of 
                sea grant institutions and, in appropriate cases, if 
                any, on the termination or suspension of any such 
                designation;
                    ``(E) encourage the formation and growth of sea 
                grant programs; and
                    ``(F) oversee the operation of the National Sea 
                Grant Office established under subsection (a).
            ``(2) Duties with respect to sea grant institutions.--With 
        respect to the sea grant institutions, the Director shall--
                    ``(A) evaluate the programs of the institutions, 
                using the guidelines and priorities established by the 
                Secretary under subsection (a), to ensure that the 
                objective set forth in section 202(b) is achieved;
                    ``(B) subject to the availability of 
                appropriations, allocate funding among the sea grant 
                institutions so as to--
                            ``(i) promote healthy competition among 
                        those institutions,
                            ``(ii) promote successful implementation of 
                        the programs developed by the institutions 
                        under subsection (e), and
                            ``(iii) to the maximum extent consistent 
                        with the other provisions of this subparagraph, 
                        provide a stable base of funding for the 
                        institutions; and
                    ``(C) ensure compliance by the institutions with 
                the guidelines for merit review published pursuant to 
                section 207(b)(2).''.

SEC. 6. DUTIES OF SEA GRANT INSTITUTIONS.

    Section 204 (33 U.S.C. 1123) is amended by adding at the end the 
following new subsection:
    ``(e) Duties of the Sea Grant Institutions.--Subject to any 
regulations or guidelines promulgated by the Secretary, it shall be the 
responsibility of each sea grant institution to--
            ``(1) develop and implement, in consultation with the 
        Secretary and the panel established under section 209, a 
        program that is consistent with the guidelines and priorities 
        developed under section 204(a); and
            ``(2) conduct merit review of all applications for project 
        grants or contracts to be awarded under section 205.''.

SEC. 7. SEA GRANT INTERNATIONAL PROGRAM.

    (a) Amendment.--Section 3(a) of the Sea Grant Program Improvement 
Act of 1976 (33 U.S.C. 1124a(a)) is amended in paragraph (6), by 
striking ``living marine resources'' and all that follows through the 
end of the paragraph and inserting ``living marine resources.''.
    (b) Program Sunset.--
            (1) Repeal.--Section 3 of the Sea Grant Program Improvement 
        Act of 1976 (33 U.S.C. 1124a) is repealed.
            (2) Conforming Amendment.--Section 209(b)(1) (33 U.S.C. 
        1128(b)(1)) is amended by striking ``and section 3 of the Sea 
        Grant Program Improvement Act of 1976''.
            (3) Effective date.--This subsection shall take effect 
        October 1, 2000.

SEC. 8. DESIGNATION OF SEA GRANT INSTITUTIONS.

    Section 207 (33 U.S.C. 1126) is amended to read as follows:

``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA.

    ``(a) Designation.--The Secretary may designate an institution of 
higher learning as a sea grant college, and an association or alliance 
of two or more persons as a sea grant regional consortium, if the 
institution, association, or alliance--
            ``(1) is maintaining a balanced program of research, 
        education, training, and advisory services in fields related to 
        ocean, coastal, and Great Lakes resources;
            ``(2) will cooperate with other sea grant institutions and 
        other persons to solve problems or meet needs relating to 
        ocean, coastal, and Great Lakes resources;
            ``(3) will act in accordance with such guidelines as are 
        prescribed under subsection (b)(2);
            ``(4) meets such other qualifications as the Secretary, in 
        consultation with the sea grant review panel established under 
        section 209, considers necessary or appropriate; and
            ``(5) is recognized for excellence in marine resources 
        development and science.
    ``(b) Regulations and Guidelines.--
            ``(1) In general.--The Secretary shall by regulation 
        prescribe the qualifications required to be met under 
        subsection (a)(4).
            ``(2) Merit review.--Within 6 months after the date of 
        enactment of the National Sea Grant College Program 
        Reauthorization Act of 1997, the Secretary, after consultation 
        with the sea grant institutions, shall establish guidelines for 
        the conduct of merit review by the sea grant institutions of 
        project proposals for grants and contracts to be awarded under 
        section 205. The guidelines shall, at a minimum, provide for 
        peer review of all research projects and require standardized 
        documentation of all peer review.
    ``(c) Suspension or Termination of Designation.--The Secretary may, 
for cause and after an opportunity for hearing, suspend or terminate 
any designation under subsection (a).''.

SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Grants, Contracts, and Fellowships.--Section 212(a) (33 U.S.C. 
1131(a)) is amended to read as follows:
    ``(a) Authorization.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this Act--
                    ``(A) $55,300,000 for fiscal year 1998;
                    ``(B) $56,400,000 for fiscal year 1999; and
                    ``(C) $57,500,000 for fiscal year 2000.
            ``(2) Zebra mussel and oyster research.--Of the amount 
        authorized for a fiscal year under paragraph (1)--
                    ``(A) up to $2,800,000 of the amount may be made 
                available as provided in section 1301(b)(4)(A) of the 
                Nonindigenous Aquatic Nuisance Prevention and Control 
                Act of 1990 (16 U.S.C. 4741(b)(4)(A)) for competitive 
                grants for university research on the zebra mussel; and
                    ``(B) up to $3,000,000 of the amount may be made 
                available for competitive grants for university 
                research on oyster diseases and oyster-related human 
                health risks.''.
    (b) Administration.--Section 212(b) (33 U.S.C. 1131(b)) is 
amended--
            (1) by striking so much as precedes paragraph (2) and 
        inserting the following:
    ``(b) Administration.--
            ``(1) Limitation.--Of the amount appropriated for each 
        fiscal year under subsection (a), an amount, not exceeding 5 
        percent of the lesser of the amount authorized under subsection 
        (a) for the fiscal year or the amount appropriated under 
        subsection (a) for the fiscal year, may be used for the 
        administration of this Act, including section 209, by the 
        National Sea Grant Office and the Administration.'';
            (2) in paragraph (2)--
                    (A) by striking ``subsections (a) and (c)'' and 
                inserting ``subsection (a)''; and
                    (B) by striking ``(2)'' and inserting ``(2) 
                Limitation on use of other amounts.--''; and
            (3) by moving paragraph (2) 2 ems to the right, so that the 
        left margin of paragraph (2) is aligned with the left margin of 
        paragraph (1), as amended by paragraph (1) of this subsection.
    (c) Repeal.--Section 212 (33 U.S.C. 1131) is amended by repealing 
subsection (c) and redesignating subsections (d) and (e) in order as 
subsections (c) and (d).
    (d) Prohibition on Lobbying; Notice of Reprogramming or 
Reorganization.--Section 212 (33 U.S.C. 1131), as amended by subsection 
(c) of this section, is further amended by adding at the end the 
following:
    ``(e) Prohibition of Lobbying Activities.--None of the funds 
authorized by this section shall be available for any activity whose 
purpose is to influence legislation pending before the Congress, except 
that this subsection shall not prevent officers or employees of the 
United States or of its departments or agencies from communicating to 
Members of Congress on the request of any Member or to Congress, 
through the proper channels, requests for legislation or appropriations 
which they deem necessary for the efficient conduct of the public 
business.
    ``(f) Notice of Reprogramming.--If any funds authorized by this 
section are subject to a reprogramming action that requires notice to 
be provided to the Appropriations Committees of the House of 
Representatives and the Senate, notice of such action shall 
concurrently be provided to the Committees on Science and Resources of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
    ``(g) Notice of Reorganization.--The Secretary shall provide notice 
to the Committees on Science, Resources, and Appropriations of the 
House of Representatives, and the Committees on Commerce, Science, and 
Transportation and Appropriations of the Senate, not later than 15 days 
before any major reorganization of any program, project, or activity of 
the National Sea Grant College Program.''.

SEC. 10. CLERICAL, CONFORMING, AND TECHNICAL AMENDMENTS.

    (a) Clerical Amendments.--
            (1) Section 203(3) (33 U.S.C. 1122(3)) is amended by 
        striking ``the term'' and inserting ``The term''.
            (2) Section 203(6) (33 U.S.C. 1122(6)) is amended by moving 
        subparagraph (F) 2 ems to the right, so that the left margin of 
        subparagraph (F) is aligned with the left margin of 
        subparagraph (E).
            (3) The heading for section 204 (33 U.S.C. 1124) is amended 
        to read as follows:

``SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.''.

            (4) Section 209 (33 U.S.C. 1128) is amended by striking all 
        of the matter that follows the first full sentence through 
        ``shall advise'', and inserting ``(b) Duties.--The panel shall 
        advise''.
            (5) Section 205(b)(3) (33 U.S.C. 1124(b)(3)) is amended by 
        striking ``or section 206''.
            (6) Section 204(d)(1) (33 U.S.C. 1123(d)(1)) is amended--
                    (A) by striking ``five positions'' and inserting 
                ``one position''; and
                    (B) by striking ``the maximum rate for GS-18 of the 
                General Schedule under section 5332'' and inserting ``a 
                rate established by the Secretary, not to exceed the 
                maximum daily rate payable under section 5376''.
    (b) Conforming Amendments.--
            (1) Section 204(b)(2) (33 U.S.C. 1123(b)(2)) is amended by 
        striking ``maximum rate for GS-18'' and all that follows 
        through the end of the sentence and inserting ``maximum rate 
        payable under section 5376 of title 5, United States Code.''.
            (2) Section 209 (33 U.S.C. 1128) is amended--
                    (A) in subsection (b)(3) by striking ``colleges and 
                sea grant regional consortia'' and inserting 
                ``institutions''; and
                    (B) in subsection (c)(1) in the last sentence in 
                clause (A) by striking ``college, sea grant regional 
                consortium,'' and inserting ``institution''.
    (c) Technical Amendment.--Section 209(c)(5)(A) (33 U.S.C. 
1128(c)(5)(A)) is amended by striking ``the daily rate for GS-18 of the 
General Schedule under section 5332 of title 5, United States Code'' 
and inserting ``a rate established by the Secretary, not to exceed the 
maximum daily rate payable under section 5376 of title 5, United States 
Code''.

SEC. 11. BUY AMERICAN.

    (a) Compliance With Buy American Act.--No funds appropriated 
pursuant to section 212(a), as amended by this Act, may be expended by 
an entity unless the entity agrees that in expending the assistance the 
entity will comply with sections 2 through 4 of the Act of March 3, 
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
    (b) Sense of Congress.--In the case of any equipment or products 
that may be authorized to be purchased with financial assistance 
provided under section 212(a), as amended by this Act, it is the sense 
of Congress that entities receiving such assistance should, in 
expending the assistance, purchase only American-made equipment and 
products.
    (c) Notice to Recipients of Assistance.--In providing financial 
assistance under section 212(a), as amended by this Act, the Secretary 
of Commerce shall provide to each recipient of the assistance a notice 
describing the statement made in subsection (a) by the Congress.

            Passed the House of Representatives June 18, 1997.

            Attest:

                                                                 Clerk.