[Congressional Record Volume 144, Number 11 (Thursday, February 12, 1998)]
[Senate]
[Pages S726-S727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZATION ACT OF 1998

  Mr. COVERDELL. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 927) to 
reauthorize the Sea Grant Program.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 927) entitled 
     ``An Act to reauthorize the Sea Grant Program'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:

     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);

[[Page S727]]

       ``(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 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.

  Mr. COVERDELL. Mr. President, I move the Senate concur in the 
amendment of the House.
  The motion was agreed to.

                          ____________________