[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 927 Enrolled Bill (ENR)]

        S.927

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
                  To reauthorize the Sea Grant Program.

    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 1998''.
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 or repeal 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. FINDINGS.

    (a) Section 202(a)(1) (33 U.S.C. 1121(a)(1)) is amended--
        (1) by redesignating subparagraphs (D) and (E) as subparagraphs 
    (E) and (F), respectively; and
        (2) by inserting after subparagraph (C) the following:
            ``(D) encourage the development of forecast and analysis 
        systems for coastal hazards;''.
    (b) Section 202(a)(6) (33 U.S.C. 1121(a)(6)) is amended by striking 
the second sentence and inserting the following: ``The most cost-
effective way to promote such activities is through continued and 
increased Federal support of the establishment, development, and 
operation of programs and projects by sea grant colleges, sea grant 
institutes, and other institutions.''.

SEC. 4. DEFINITIONS.

    (a) Section 203 (33 U.S.C. 1122) is amended--
        (1) in paragraph (3)--
            (A) by striking ``their university or'' and inserting ``his 
        or her''; and
            (B) by striking ``college, programs, or regional 
        consortium'' and inserting ``college or sea grant institute'';
        (2) by striking paragraph (4) and inserting the following:
        ``(4) The term `field related to ocean, coastal, and Great 
    Lakes resources' means any discipline or field, including marine 
    affairs, resource management, technology, education, or science, 
    which is concerned with or likely to improve the understanding, 
    assessment, development, utilization, or conservation of ocean, 
    coastal, or Great Lakes resources.'';
        (3) by redesignating paragraphs (5) through (15) as paragraphs 
    (7) through (17), respectively, and inserting after paragraph (4) 
    the following:
        ``(5) The term `Great Lakes' includes Lake Champlain.
        ``(6) The term `institution' means any public or private 
    institution of higher education, institute, laboratory, or State or 
    local agency.'';
        (4) by striking ``regional consortium, institution of higher 
    education, institute, or laboratory'' in paragraph (11) (as 
    redesignated) and inserting ``institute or other institution''; and
        (5) by striking paragraphs (12) through (17) (as redesignated) 
    and inserting after paragraph (11) the following:
        ``(12) The term `project' means any individually described 
    activity in a field related to ocean, coastal, and Great Lakes 
    resources involving research, education, training, or advisory 
    services administered by a person with expertise in such a field.
        ``(13) The term `sea grant college' means any institution, or 
    any association or alliance of two or more such institutions, 
    designated as such by the Secretary under section 207 (33 U.S.C. 
    1126) of this Act.
        ``(14) The term `sea grant institute' means any institution, or 
    any association or alliance of two or more such institutions, 
    designated as such by the Secretary under section 207 (33 U.S.C. 
    1126) of this Act.
        ``(15) The term `sea grant program' means a program of research 
    and outreach which is administered by one or more sea grant 
    colleges or sea grant institutes.
        ``(16) The term `Secretary' means the Secretary of Commerce, 
    acting through the Under Secretary of Commerce for Oceans and 
    Atmosphere.
        ``(17) The term `State' means any State of the United States, 
    the District of Columbia, the Commonwealth of Puerto Rico, the 
    Virgin Islands, Guam, American Samoa, the Commonwealth of the 
    Mariana Islands, or any other territory or possession of the United 
    States.''.
    (b) The Act is amended--
        (1) in section 209(b) (33 U.S.C. 1128(b)), as amended by this 
    Act, by striking ``, the Under Secretary,''; and
        (2) by striking ``Under Secretary'' every other place it 
    appears and inserting ``Secretary''.

SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.

    Section 204 (33 U.S.C. 1123) is amended to read as follows:

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

    ``(a) Program Maintenance.--The Secretary shall maintain within the 
Administration a program to be known as the national sea grant college 
program. The national sea grant college program shall be administered 
by a national sea grant office within the Administration.
    ``(b) Program Elements.--The national sea grant college program 
shall consist of the financial assistance and other activities 
authorized in this title, and shall provide support for the following 
elements--
        ``(1) sea grant programs which comprise a national sea grant 
    college program network, including international projects conducted 
    within such programs;
        ``(2) administration of the national sea grant college program 
    and this title by the national sea grant office, the 
    Administration, and the panel;
        ``(3) the fellowship program under section 208; and
        ``(4) any national strategic investments in fields relating to 
    ocean, coastal, and Great Lakes resources developed with the 
    approval of the panel, the sea grant colleges, and the sea grant 
    institutes.
    ``(c) Responsibilities of the Secretary.--
        ``(1) The Secretary, in consultation with the panel, sea grant 
    colleges, and sea grant institutes, shall develop a long-range 
    strategic plan which establishes priorities for the national sea 
    grant college program and which provides an appropriately balanced 
    response to local, regional, and national needs.
        ``(2) Within 6 months of the date of enactment of the National 
    Sea Grant College Program Reauthorization Act of 1998, the 
    Secretary, in consultation with the panel, sea grant colleges, and 
    sea grant institutes, shall establish guidelines related to the 
    activities and responsibilities of sea grant colleges and sea grant 
    institutes. Such guidelines shall include requirements for the 
    conduct of merit review by the sea grant colleges and sea grant 
    institutes of proposals for grants and contracts to be awarded 
    under section 205, providing, at a minimum, for standardized 
    documentation of such proposals and peer review of all research 
    projects.
        ``(3) The Secretary shall by regulation prescribe the 
    qualifications required for designation of sea grant colleges and 
    sea grant institutes under section 207.
        ``(4) To carry out the provisions of this title, the Secretary 
    may--
            ``(A) appoint, assign the duties, transfer, and fix the 
        compensation of such personnel as may be necessary, in 
        accordance with civil service laws;
            ``(B) make appointments with respect to temporary and 
        intermittent services to the extent authorized by section 3109 
        of title 5, United States Code;
            ``(C) publish or arrange for the publication of, and 
        otherwise disseminate, in cooperation with other offices and 
        programs in the Administration and without regard to section 
        501 of title 44, United States Code, any information of 
        research, educational, training or other value in fields 
        related to ocean, coastal, or Great Lakes resources;
            ``(D) enter into contracts, cooperative agreements, and 
        other transactions without regard to section 5 of title 41, 
        United States Code;
            ``(E) notwithstanding section 1342 of title 31, United 
        States Code, accept donations and voluntary and uncompensated 
        services;
            ``(F) accept funds from other Federal departments and 
        agencies, including agencies within the Administration, to pay 
        for and add to grants made and contracts entered into by the 
        Secretary; and
            ``(G) promulgate such rules and regulations as may be 
        necessary and appropriate.
    ``(d) Director of the National Sea Grant College Program.--
        ``(1) The Secretary shall appoint, as the Director of the 
    National Sea Grant College Program, a qualified individual who has 
    appropriate administrative experience and knowledge or expertise in 
    fields related to ocean, coastal, and Great Lakes resources. The 
    Director shall be appointed and compensated, without regard to the 
    provisions of title 5, United States Code, governing appointments 
    in the competitive service, at a rate payable under section 5376 of 
    title 5, United States Code.
        ``(2) Subject to the supervision of the Secretary, the Director 
    shall administer the national sea grant college program and oversee 
    the operation of the national sea grant office. In addition to any 
    other duty prescribed by law or assigned by the Secretary, the 
    Director shall--
            ``(A) facilitate and coordinate the development of a long-
        range strategic plan under subsection (c)(1);
            ``(B) advise the Secretary with respect to the expertise 
        and capabilities which are available within or through the 
        national sea grant college program and encourage the use of 
        such expertise and capabilities, on a cooperative or other 
        basis, by other offices and activities within the 
        Administration, and other Federal departments and agencies;
            ``(C) advise the Secretary on the designation of sea grant 
        colleges and sea grant institutes, and, if appropriate, on the 
        termination or suspension of any such designation; and
            ``(D) encourage the establishment and growth of sea grant 
        programs, and cooperation and coordination with other Federal 
        activities in fields related to ocean, coastal, and Great Lakes 
        resources.
        ``(3) With respect to sea grant colleges and sea grant 
    institutes, the Director shall--
            ``(A) evaluate the programs of sea grant colleges and sea 
        grant institutes, using the priorities, guidelines, and 
        qualifications established by the Secretary;
            ``(B) subject to the availability of appropriations, 
        allocate funding among sea grant colleges and sea grant 
        institutes so as to--
                ``(i) promote healthy competition among sea grant 
            colleges and institutes;
                ``(ii) encourage successful implementation of sea grant 
            programs; and
                ``(iii) to the maximum extent consistent with other 
            provisions of this Act, provide a stable base of funding 
            for sea grant colleges and institutes; and
            ``(C) ensure compliance with the guidelines for merit 
        review under subsection (c)(2).''.

SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.

    Section 3 of the Sea Grant Program Improvement Act of 1976 (33 
U.S.C. 1124a) is repealed.

SEC. 7. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.

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

``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.

    ``(a) Designation.--
        ``(1) A sea grant college or sea grant institute shall meet the 
    following qualifications--
            ``(A) have an existing broad base of competence in fields 
        related to ocean, coastal, and Great Lakes resources;
            ``(B) make a long-term commitment to the objective in 
        section 202(b), as determined by the Secretary;
            ``(C) cooperate with other sea grant colleges and 
        institutes and other persons to solve problems or meet needs 
        relating to ocean, coastal, and Great Lakes resources;
            ``(D) have received financial assistance under section 205 
        of this title (33 U.S.C. 1124);
            ``(E) be recognized for excellence in fields related to 
        ocean, coastal, and Great Lakes resources (including marine 
        resources management and science), as determined by the 
        Secretary; and
            ``(F) meet such other qualifications as the Secretary, in 
        consultation with the panel, considers necessary or 
        appropriate.
        ``(2) The Secretary may designate an institution, or an 
    association or alliance of two or more such institutions, as a sea 
    grant college if the institution, association, or alliance--
            ``(A) meets the qualifications in paragraph (1); and
            ``(B) maintains a program of research, advisory services, 
        training, and education in fields related to ocean, coastal, 
        and Great Lakes resources.
        ``(3) The Secretary may designate an institution, or an 
    association or alliance of two or more such institutions, as a sea 
    grant institute if the institution, association, or alliance--
            ``(A) meets the qualifications in paragraph (1); and
            ``(B) maintains a program which includes, at a minimum, 
        research and advisory services.
    ``(b) Existing Designees.--Any institution, or association or 
alliance of two or more such institutions, designated as a sea grant 
college or awarded institutional program status by the Director prior 
to the date of enactment of the National Sea Grant College Program 
Reauthorization Act of 1998, shall not have to reapply for designation 
as a sea grant college or sea grant institute, respectively, after the 
date of enactment of the National Sea Grant College Program 
Reauthorization Act of 1998, if the Director determines that the 
institution, or association or alliance of institutions, meets the 
qualifications in subsection (a).
    ``(c) Suspension or Termination of Designation.--The Secretary may, 
for cause and after an opportunity for hearing, suspend or terminate 
any designation under subsection (a).
    ``(d) Duties.--Subject to any regulations prescribed or guidelines 
established by the Secretary, it shall be the responsibility of each 
sea grant college and sea grant institute--
        ``(1) to develop and implement, in consultation with the 
    Secretary and the panel, a program that is consistent with the 
    guidelines and priorities established under section 204(c); and
        ``(2) to conduct a merit review of all proposals for grants and 
    contracts to be awarded under section 205.''.

SEC. 8. SEA GRANT REVIEW PANEL.

    (a) Section 209(a) (33 U.S.C. 1128(a)) is amended by striking the 
second sentence.
    (b) Section 209(b) (33 U.S.C. 1128(b)) is amended--
        (1) by striking ``The Panel'' and inserting ``(b) Duties.--The 
    panel'';
        (2) by striking ``and section 3 of the Sea Grant College 
    Program Improvement Act of 1976'' in paragraph (1); and
        (3) by striking ``regional consortia'' in paragraph (3) and 
    inserting ``institutes''.
    (c) Section 209(c) (33 U.S.C. 1128(c)) is amended--
        (1) in paragraph (1) by striking ``college, sea grant regional 
    consortium, or sea grant program'' and inserting ``college or sea 
    grant institute''; and
        (2) by striking paragraph (5)(A) and inserting the following:
            ``(A) receive compensation at a rate established by the 
        Secretary, not to exceed the maximum daily rate payable under 
        section 5376 of title 5, United States Code, when actually 
        engaged in the performance of duties for such panel; and''.

SEC. 9. AUTHORIZATION 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) $56,000,000 for fiscal year 1999;
            ``(B) $57,000,000 for fiscal year 2000;
            ``(C) $58,000,000 for fiscal year 2001;
            ``(D) $59,000,000 for fiscal year 2002; and
            ``(E) $60,000,000 for fiscal year 2003.
        ``(2) Zebra mussel and oyster research.--In addition to the 
    amount authorized for each fiscal year under paragraph (1)--
            ``(A) up to $2,800,000 may be made available as provided in 
        section 1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance 
        Prevention and Control Act of 1990 (16 U.S.C. 4741(b)(4)(A)) 
        for competitive grants for university research on the zebra 
        mussel;
            ``(B) up to $3,000,000 may be made available for 
        competitive grants for university research on oyster diseases 
        and oyster-related human health risks; and
            ``(C) up to $3,000,000 may be made available for 
        competitive grants for university research on Pfiesteria 
        piscicida and other harmful algal blooms.''.
    (b) Limitation on Certain Funding.--Section 212(b)(1) (33 U.S.C. 
1131(b)(1)) is amended to read as follows:
    ``(b) Program Elements.--
        ``(1) Limitation.--No more than 5 percent of the lesser of--
            ``(A) the amount authorized to be appropriated; or
            ``(B) the amount appropriated,
    for each fiscal year under subsection (a) may be used to fund the 
    program element contained in section 204(b)(2).''.
    (c) 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.
    (d) Notice of Reorganization.--The Secretary of Commerce 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 45 days before any major reorganization of any program, 
project, or activity of the National Sea Grant College Program.

SEC. 10. ADMINISTRATIVE LAW JUDGES.

    Notwithstanding section 559 of title 5, United States Code, with 
respect to any marine resource conservation law or regulation 
administered by the Secretary of Commerce acting through the National 
Oceanic and Atmospheric Administration, all adjudicatory functions 
which are required by chapter 5 of title 5 of such Code to be performed 
by an Administrative Law Judge may be performed by the United States 
Coast Guard on a reimbursable basis. Should the United States Coast 
Guard require the detail of an Administrative Law Judge to perform any 
of these functions, it may request such temporary or occasional 
assistance from the Office of Personnel Management pursuant to section 
3344 of title 5, United States Code.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.