[Congressional Record Volume 143, Number 80 (Tuesday, June 10, 1997)]
[House]
[Pages H3661-H3663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 437

                         Offered By: Mr. Saxton

               (Amendment in the Nature of a Substitute)

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Sea Grant College 
     Program 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. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.

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     Act of 1976 (33 U.S.C. 1124a) is repealed.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

     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--

[[Page H3662]]

       ``(A) $54,300,000 for fiscal year 1998;
       ``(B) $55,400,000 for fiscal year 1999; and
       ``(C) $56,500,000 for fiscal year 2000.
       ``(2) Zebra mussel and oyster disease 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 $2,000,000 of the amount may be made available 
     for competitive grants for university research on oyster 
     disease.''.
       (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''.

                               H.R. 1757

                         Offered By: Mr. Payne

       Amendment No. 7: At the end of the bill add the following 
     (and conform the table of contents accordingly):

                 TITLE XVIII--MISCELLANEOUS PROVISIONS

     SEC. 1801. ASSISTANCE TO THE DEMOCRATIC REPUBLIC OF CONGO.

       Notwithstanding section 620(q) of the Foreign Assistance 
     Act of 1961 or any other provision of law, assistance under 
     chapter 1 of part I of the Foreign Assistance Act of 1961 
     (relating to development assistance) and under chapter 10 of 
     part I of such Act (relating to the Development Fund for 
     Africa) may be made available for the Democratic Republic of 
     Congo.

                               H.R. 1757

                        Offered By: Mr. Sanders

       Amendment No. 8: After title XVII insert the following new 
     title:

 TITLE XVIII--SENSE OF CONGRESS REGARDING THE IMPRISONMENT OF NGAWANG 
                           CHOEPHEL IN CHINA

     SEC. 1801. SENSE OF CONGRESS REGARDING THE IMPRISONMENT OF 
                   NGAWANG CHOEPHEL IN CHINA.

       (a) Findings.--The Congress makes the following findings:
       (1) The Chinese Government sentenced Ngawang Choephel to an 
     18-year prison term plus 4 years subsequent deprivation of 
     his political rights on December 26, 1996, following a secret 
     trial.
       (2) Mr. Choephel is a Tibetan national whose family fled 
     Chinese oppression to live in exile in India in 1968.
       (3) Mr. Choephel studied ethnomusicology at Middlebury 
     College in Vermont as a Fulbright Scholar, and at the Tibetan 
     Institute of Performing Arts in Dharamsala, India.
       (4) Mr. Choephel returned to Tibet in July 1995 to prepare 
     a documentary film about traditional Tibetan performing arts.
       (5) Mr. Choephel was detained in August 1995 by the Chinese 
     authorities and held incommunicado for over a year before the 
     Government of the People's Republic of China admitted to 
     holding him, and finally charged him with espionage in 
     October 1996.
       (6) There is no evidence that Mr. Choephel's activities in 
     Tibet involved anything other than purely academic research.
       (7) The Government of the People's Republic of China denies 
     Tibetans their fundamental human rights, as reported in the 
     State Department's Country Reports on Human Rights Practices, 
     and by human rights organizations, including Amnesty 
     International and Human Rights Watch, Asia.
       (8) The Government of the People's Republic of China is 
     responsible for the destruction of much of Tibetan 
     civilization since its invasion of Tibet in 1949.
       (9) The arrest of a Tibetan scholar such as Mr. Choephel, 
     who worked to preserve Tibetan culture, reflects the 
     systematic attempt by the Government of the People's Republic 
     of China to repress cultural expression in Tibet.
       (10) The Government of the People's Republic of China, 
     through direct and indirect incentives, has established 
     discriminatory development programs which have resulted in an 
     overwhelming flow of Chinese immigrants into Tibet, including 
     those areas incorporated into the Chinese provinces of 
     Sichuan, Yunnan, Gansu, and Quinghai, and have excluded 
     Tibetans from participation in important policy decisions, 
     which further threatens traditional Tibetan life.
       (11) The Government of the People's Republic of China 
     withholds meaningful participation in the governance of Tibet 
     from Tibetans and has failed to abide by its own 
     constitutional guarantee of autonomy for Tibetans.
       (12) The Dalai Lama of Tibet has stated his willingness to 
     enter into negotiations with the Chinese and has repeatedly 
     accepted the framework Deng Xiaoping proposed for such 
     negotiations in 1979.
       (13) The United States Government has not developed an 
     effective plan to win support in international fora, such as 
     the United States Commission on Human Rights, to bring 
     international pressure to bear on the Government of the 
     People's Republic of China to improve human rights and to 
     negotiate with the Dalai Lama.
       (14) The Chinese have displayed provocative disregard for 
     the concerns of the United States by arresting and sentencing 
     prominent dissidents in close proximity to visits to China by 
     senior United States Government officials.
       (15) The United States Government policy seeks to foster 
     negotiations between the Governments of the People's Republic 
     of China and the Dalai Lama, and processes China to respect 
     Tibet's unique religious, linguistic, and cultural 
     traditions.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) Ngawang Choephel and other prisoners of conscience in 
     Tibet, as well as in China, should be released immediately 
     and unconditionally;
       (2) to underscore the gravity of this matter, in all 
     official meetings with representatives of the Government of 
     the People's Republic of China, United States officials

[[Page H3663]]

     should request Mr. Choephel's immediate and unconditional 
     release;
       (3) the United States Government should sponsor and promote 
     a resolution at future meetings of the United Nations 
     Commission on Human Rights and other appropriate 
     international fora regarding China and Tibet which 
     specifically political prisoners and negotiations with the 
     Dalai Lama, until those situations in China and Tibet improve 
     substantially;
       (4) the United States Department of State should advise 
     American citizens that Tibet is not currently a safe 
     destination for American travelers;
       (5) an exchange program should be established in honor of 
     Ngawang Choephel, involving students of the Tibetan Institute 
     of Performing Arts and appropriate educational institutions 
     in the United States; and
       (6) the United States Government should seek access for 
     internationally recognized human rights groups to monitor 
     human rights in Tibet.