[House Report 105-22]
[From the U.S. Government Publishing Office]



                                                                       
105th Congress                                             Rept. 105-22
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 2
_______________________________________________________________________


 
     NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZATION ACT OF 1997

_______________________________________________________________________


 April 21, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Sensenbrenner, from the Committee on Science,  submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 437]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, to whom was referred the bill 
(H.R. 437) to reauthorize the National Sea Grant College 
Program Act, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.



                            C O N T E N T S

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................6
 III. Background and Need for Legislation.............................6
  IV. Summary of Hearings.............................................8
   V. Committee Actions...............................................8
  VI. Summary of Major Provisions of the Bill.........................9
 VII. Section-By-Section Analysis and Committee Views................10
VIII. Committee Cost Estimate........................................16
  IX. Congressional Budget Office Cost Estimate......................16
   X. Compliance with Public Law 104-4...............................18
  XI. Committee Oversight Findings and Recommendations...............18
 XII. Oversight Findings and Recommendations by the Committee on 
      Government Reform and Oversight................................18
XIII. Constitutional Authority Statement.............................18
 XIV. Federal Advisory Committee Statement...........................19
  XV. Congressional Accountability Act...............................19
 XVI. Changes in Existing Law Made by the Bill, as Reported..........19
XVII. Committee Recommendations......................................28

                              I. Amendment

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof 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(15) (33 U.S.C. 1122(15)) is 
amended to read as follows:
            ``(15) 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 research, 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) in section 209(b) (33 U.S.C. 1128(b)), as 
                amended by this Act, by striking ``, the Under 
                Secretary,''; and
                    (B) 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 subsection (a) of this section; 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) Qualifications.--The Secretary may designate an institution 
of higher education 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 recognized for scientific excellence;
            ``(2) is maintaining a balanced program of research, 
        education, training, and advisory services in fields related to 
        ocean, coastal, and Great Lakes resources;
            ``(3) will cooperate with other sea grant institutions and 
        other persons to solve problems or meet needs relating to 
        ocean, coastal, and Great Lakes resources;
            ``(4) will act in accordance with such guidelines as are 
        prescribed under subsection (b)(2); and
            ``(5) meets such other qualifications as the Secretary, in 
        consultation with the panel established under section 209, 
        considers necessary or appropriate.
    ``(b) Regulations and Guidelines.--
            ``(1) In general.--The Secretary shall by regulation 
        prescribe the qualifications required to be met under 
        subsection (a)(5).
            ``(2) Merit review.--Within 6 months of 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. REPEAL OF FELLOWSHIP PROGRAMS.

    Section 208 (33 U.S.C. 1127) is repealed.

SEC. 10. 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.--There is authorized to be appropriated to 
carry out this Act--
            ``(1) $54,300,000 for fiscal year 1998;
            ``(2) $55,400,000 for fiscal year 1999;
            ``(3) $56,500,000 for fiscal year 2000;
            ``(4) $56,500,000 for fiscal year 2001; and
            ``(5) $56,500,000 for fiscal year 2002.
For each of the fiscal years referred to in paragraphs (1) through (5), 
$2,800,000 of the amount authorized by that paragraph shall be 
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) 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), no more than 5 percent 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).

SEC. 11. 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 in 
                lieu thereof ``one position''; and
                    (B) by striking ``the maximum rate for GS-18 of the 
                General Schedule under section 5332'' and inserting in 
                lieu thereof ``a rate established by the Secretary, not 
                to exceed the maximum daily rate payable under section 
                5376''.
    (b) 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'' and inserting ``a rate 
established by the Secretary, not to exceed the maximum daily rate 
payable under section 5376''.
    (c) 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''.

SEC. 12. SUNSET.

    The National Sea Grant College Program Act is amended by adding at 
the end the following new section:

``SEC. 213. SUNSET.

    ``This Act is repealed, effective October 1, 2002.''.

SEC. 13. LIMITATIONS.

    (a) Prohibition of Lobbying Activities.--None of the funds 
authorized by section 212(a), as amended by this Act, 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.
    (b) Limitation on Appropriations.--No sums are authorized to be 
appropriated to the Secretary of Commerce for fiscal years 1998 through 
2002 for the activities for which sums are authorized by section 
212(a), as amended by this Act, unless such sums are specifically 
authorized to be appropriated by such section 212(a).
    (c) Eligibility for Awards.--
            (1) In general.--The Secretary of Commerce shall exclude 
        from consideration for grant agreements made by that agency 
        after fiscal year 1997 any person who received funds, other 
        than those described in paragraph (2), appropriated for a 
        fiscal year after fiscal year 1997, under a grant agreement 
        from any Federal funding source for a project that was not 
        subjected to a competitive, merit-based award process. Any 
        exclusion from consideration pursuant to this subsection shall 
        be effective for a period of 5 years after the person receives 
        such Federal funds.
            (2) Exception.--Paragraph (1) shall not apply to the 
        receipt of Federal funds by a person due to the membership of 
        that person in a class specified by law for which assistance is 
        awarded to members of the class according to a formula provided 
        by law.
            (3) Definition.--For purposes of this subsection, the term 
        ``grant agreement'' means a legal instrument whose principal 
        purpose is to transfer a thing of value to the recipient to 
        carry out a public purpose of support or stimulation authorized 
        by a law of the United States, and does not include the 
        acquisition (by purchase, lease, or barter) of property or 
        services for the direct benefit or use of the United States 
        Government. Such term does not include a cooperative agreement 
        (as such term is used in section 6305 of title 31, United 
        States Code) or a cooperative research and development 
        agreement (as such term is defined in section 12(d)(1) of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(1))).

SEC. 14. NOTICE.

    (a) Notice of Reprogramming.--If any funds authorized by section 
212(a), as amended by this Act, 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.
    (b) 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 15 days before any major reorganization of any program, 
project, or activity of the National Sea Grant College Program.

SEC. 15. 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.

                        II. Purpose of the Bill

    The purpose of H.R. 437 is to reauthorize the National Sea 
Grant College Program Act (33 U.S.C. 1121-1131) for Fiscal 
Years 1997 through 2002, to make changes to the program's 
management, and to strengthen the role of peer review in the 
program.

              III. Background and Need for the Legislation

    The National Sea Grant College Act (33 U.S.C. 1121-1131), 
enacted in 1966, established the National Sea Grant College 
Program (Sea Grant) with the objective of increasing ``the 
understanding, assessment, development, utilization, and 
conservation of the Nation's ocean, coastal, and Great Lakes 
resources by providing assistance to promote a strong education 
base, responsive research and training activities, and broad 
and prompt dissemination of knowledge and techniques.'' The 
program was patterned after the Land Grant College Program, and 
was first assigned to the National Science Foundation (NSF). In 
1970, Sea Grant was transferred from the NSF to the newly 
created National Oceanic and Atmospheric Administration (NOAA) 
of the Department of Commerce.
    Sea Grant is located within NOAA's Office of Oceanic and 
Atmospheric Research (OAR), and is one of two extramural ocean 
research programs. In Fiscal Year 1997, Sea Grant's 
appropriation of $54.2 million accounts for 21.4 percent of 
OAR's total appropriation of $253.2 million.
    Currently, there are twenty-six designated Sea Grant 
College programs, which include both single institutions and 
regional consortia of two or more institutions. Sea Grant also 
includes three institutional programs. These twenty-nine Sea 
Grant College and Institutional programs, encompassing coastal 
and Great Lakes States and Puerto Rico, are the heart of a 
nationwide network of some 300 participating institutions that 
each year draw on the talents of over 3,000 scientists, 
engineers, educators, students, and outreach specialists.
    To be designated a Sea Grant College, an applicant must 
demonstrate a record of superior performance in marine resource 
programs for a minimum of 3 years. Designated programs receive 
priority in obtaining federal grants for up to two-thirds of 
the total cost of a project. At least one-third of the cost of 
projects must come from non-federal matching funds. The Sea 
Grant ``core'' program provides assistance to Sea Grant 
Colleges for research, education, and advisory services in 
fields related to ocean, coastal and Great Lakes resources. 
Authorization for this assistance expired on September 30, 
1995, although appropriations have continued.
    Research funding is devoted to the development of marine 
and freshwater resources and related technology and studies 
relevant to the understanding, assessment, development, 
utilization or conservation of ocean and coastal and Great 
Lakes resources. Education programs include the development and 
strengthening of training programs for marine scientists and 
technicians as well as education in aquatic sciences for 
secondary school students and teachers. Sea Grant Colleges also 
provide year-long fellowships to graduate students in marine-
related disciplines to work with Congressional, federal agency 
or industry sponsors. Marine advisory staff provide informal 
education for the general public, technical advice and 
instruction in marine-related topics, dissemination of research 
findings to user groups, and identification and communication 
of local needs and problems to Sea Grant and other marine-
related program managers and researchers.
    In addition to the core program, the National Sea Grant 
College Program Act established the Sea Grant Review Panel, 
made up of 15 members who have marine-science backgrounds or 
have knowledge and experience in the fields in which Sea Grant 
works. The Panel advises the Secretary of Commerce on matters 
relating to Sea Grant.
    Priority oyster disease research has been separately 
authorized under the Act since 1990, and authorization for that 
program expired on September 30, 1995. This program was funded 
by the National Marine Fisheries Service until Fiscal Year 1995 
when it was transferred to Sea Grant. Funding for zebra mussel 
research has also been administered by Sea Grant under an 
authorization contained in the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.).
    Sea Grant is funded at $54.3 million in Fiscal Year 1997, 
which includes $2.7 million for administration of the national 
program office, $1.5 million for oyster disease research, and 
$2.3 million for zebra mussel research. NOAA's Fiscal Year 1998 
budget request for Sea Grant is $50.2 million, with no specific 
funding for the zebra mussel and priority oyster disease 
programs; however, NOAA has stated that within the total 
amount, it will support the best proposals for further work on 
oyster disease and the zebra mussel.
    Finally, in 1994, the National Research Council's Ocean 
Studies Board conducted a review of the Sea Grant program at 
the request of NOAA. The Board's recommendations included 
defining better the roles of the National Sea Grant Office, the 
Sea Grant College programs, and the Sea Grant Review Panel and 
streamlining the proposal review and program evaluation 
processes. H.R. 437 addresses those recommendations.

                        IV. Summary of Hearings

    The Subcommittee held a hearing on March 13, 1997, and 
heard testimony on H.R. 437 from the Honorable Dr. D. James 
Baker, Under Secretary for Oceans and Atmosphere, U.S. 
Department of Commerce and Administrator, NOAA. Dr. Baker was 
supportive of the National Sea Grant College Program, calling 
it ``NOAA's principal partnership with the university 
community.'' He stated that H.R. 437 ``as introduced should be 
changed to conform to the President's FY 1998 budget request of 
$50.2 million,'' and ``that the specific authorities of the 
International Program for grants and contracts, as contained in 
section 3 of the Sea Grant Program Improvement Act, should be 
retained . . . [to] allow Sea Grant to effectively address 
transboundary and coastal marine issues through outreach 
activities.''
    The Subcommittee also heard testimony on the bill during a 
hearing on April 9, 1997, from Dr. Christopher D'Elia, 
Director, Maryland Sea Grant College Program, University of 
Maryland, College Park, Maryland, and President-Elect of the 
Sea Grant Association, which represents all twenty-nine Sea 
Grant programs; and Dr. James J. Sullivan, Director, California 
Sea Grant College System, University of California, La Jolla, 
California. Dr. D'Elia expressed his support for H.R. 437, and 
urged the Committee to consider extending the period of 
authorization from 3 to 5 years. Dr. Sullivan also expressed 
his strong support for the bill.

                          V. Committee Actions

    Representative Jim Saxton (R-NJ) introduced H.R. 437 on 
January 9, 1997. The bill was referred to the Committee on 
Resources on January 9, 1997; and to the Resources Committee's 
Subcommittee on Fisheries Conservation, Wildlife and Oceans on 
February 11, 1997. On March 5, 1997, the Full Resources 
Committee met to consider H.R. 437. The Subcommittee on 
Fisheries Conservation, Wildlife and Oceans was discharged from 
further consideration of the bill, which was then ordered 
favorably reported to the House of Representatives without 
amendment by the Full Resources Committee.
    H.R. 437 was referred to the Committee on Science on March 
12, 1997, for a period ending not later than April 28, 1997; 
and to the Science Committee's Subcommittee on Energy and 
Environment on March 13, 1997. The Subcommittee held a hearing 
on March 13, 1997, and heard testimony on the bill from the 
Honorable D. James Baker, Under Secretary for Oceans and 
Atmosphere, U.S. Department of Commerce and Administrator, 
NOAA. The Subcommittee also heard testimony on the bill during 
a hearing on April 9, 1997, from Dr. Christopher D'Elia, 
Director, Maryland Sea Grant College Program, University of 
Maryland, College Park, Maryland, and President-Elect of the 
Sea Grant Association, which represents all twenty-nine Sea 
Grant programs; and Dr. James J. Sullivan, Director, California 
Sea Grant College System, University of California, La Jolla, 
California. The Subcommittee discharged H.R. 437 from further 
consideration to the Full Science Committee on March 13, 1997.
    On April 16, 1997, the Full Science Committee met to 
consider H.R. 437, the Marine Resources Revitalization Act of 
1997.
    Amendment 1.--Mr. Sensenbrenner, Chairman of the Science 
Committee, offered an amendment in the nature of a substitute 
to H.R. 437, which was adopted by voice vote.
    Amendment 2.--Mr. Calvert, Chairman of the Science 
Committee's Subcommittee on Energy and Environment, offered a 
manager's amendment making technical corrections to: (1) define 
that, with the exception of Cooperative Research and 
Development Agreements, grants awarded under this Act will be 
subject to merit-based review; and (2) specify that the sums 
authorized in the bill represent the total funds authorized for 
programs under this bill. The amendment was adopted by voice 
vote.
    Amendment 3.--Mr. Hastings, on behalf of Mr. Traficant, 
offered an amendment to add a new Section 15 to the bill that 
requires any entity that is appropriated funds pursuant to this 
Act or amendments thereto, to comply with Sections 2-4 of the 
Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the 
``Buy American Act''), and that recipients of funds pursuant to 
this Act shall be notified of subsection (a)'s requirement of 
compliance with the Buy American Act. The amendment was adopted 
by voice vote.
    With a quorum present, Mr. Roemer moved that the Committee 
report the bill, H.R. 437, as amended, to the House and that 
the staff prepare the legislative report and make technical and 
conforming changes, and that the Chairman take all necessary 
steps to bring the bill before the House for consideration. The 
motion was approved by voice vote.
    Mr. Sensenbrenner asked and received unanimous consent that 
Committee members have 2 subsequent calendar days in which to 
submit supplemental, minority or additional views on the 
measure, and that, pursuant to Clause 1 of Rule XX of the Rules 
of the House of Representatives, the Committee authorize the 
Chairman to offer such motions as may be necessary in the House 
to go to conference with the Senate on H.R. 437 or a similar 
Senate bill.

              VI. Summary of Major Provisions of the Bill

    H.R. 437, the National Sea Grant College Program 
Reauthorization of 1997, amends the National Sea Grant College 
Program Act as follows:

 Adds or modifies various definitions, and clarifies 
        that, in reference to this Act and National Sea Grant 
        College Act, the Secretary of Commerce (Secretary) acts 
        through the Under Secretary of Commerce for Oceans and 
        Atmospheres.
 Clarifies the duties of the Program's Director.
 Sets forth the duties of Sea Grant Institutions 
        (defined as Sea Grant Colleges, Sea Grant Regional 
        Consortia, and certain types of entities conducting a 
        Sea Grant Program with amounts under the Act), which 
        include merit-reviews of grant and contract 
        applications.
 Repeals provisions relating to the Sea Grant 
        International Program.
 Revises requirements for designating Sea Grant 
        Colleges and Consortia by requiring the Secretary, in 
        consultation with the Sea Grant Review Panel to 
        establish guidelines for the conduct of merit review by 
        Sea Grant institutions within 6 months of the date of 
        enactment that provide for peer review of all 
        applications for grants or contracts and require 
        standardized documentation of all peer review.
 Provides that the Secretary may, for cause and after 
        an opportunity for hearing, suspend or terminate any 
        Sea Grant designation.
 Repeals provisions mandating fellowships.
 Authorizes appropriations for grants and contracts for 
        Fiscal Years 1998-2002 ($54.3 million for Fiscal Year 
        1998, $55.4 million for Fiscal Year 1999, and $56.5 
        million for each of Fiscal Years 2000-2002), including 
        $2.8 million each year for zebra mussel research; 
        removes the separate authorization of appropriations 
        for administration and limits administration 
        expenditures to no more than 5 percent of funds 
        appropriated for grants and contracts; and repeals 
        provisions authorizing appropriations for priority 
        oyster disease research.
 Clarifies that the maximum pay (within statutory 
        compensation levels) for the Program's Director and for 
        voting members of the Sea Grant Review Panel is 
        determined by the Secretary.
 Sunsets the Act.
 Prohibits lobbying activities, limits appropriations 
        for Fiscal Years 1998-2002, and excludes from 
        consideration for grant agreements, for a period of 5 
        years, any person who received funding for a project 
        not subject to a competitive, merit-based award 
        process.
 Provides that if any funds authorized by this Act are 
        subject to a reprogramming action that requires notice 
        to be provided to the Appropriations Committees of the 
        House and Senate, then notice of such action shall 
        concurrently be provided to the House Committees on 
        Science and Resources and to the Senate Committee on 
        Commerce, Science, and Transportation. Also requires 
        the Secretary to provide notice to the aforementioned 
        House and Senate Committees, as well as the 
        Appropriations Committees of each body, not later than 
        15 days before any major reorganization of any program, 
        project, or activity of the National Sea Grant College 
        Program.

          VII. Section-by-Section Analysis and Committee Views

Section 1. Short Title

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

Section 2. Amendment of National Sea Grant College Program Act

    Amendments in this Act are to the National Sea Grant 
College Program Act (33 U.S.C. 1121 et seq.).

Section 3. Amendments to Definitions

    Section 3 amends the National Sea Grant College Program Act 
to define the term ``sea grant institution'' to mean any sea 
grant college or consortium as well as any institution of 
higher education, institute, laboratory, or State or local 
agency conducting a sea grant program with funds provided under 
the Act. The section also simplifies the definition of ``field 
related to ocean, coastal and Great Lakes resources'' to mean 
``any discipline or field, including marine research, which is 
concerned with or likely to improve the understanding, 
assessment, development, utilization, or conservation of ocean, 
coastal, and Great Lakes resources.'' Finally, the section 
clarifies that, in reference to this Act and the National Sea 
Grant College Act, the Secretary of Commerce acts through the 
Under Secretary of Commerce for Oceans and Atmosphere.

Section 4. Consultations Regarding Long-Range Planning Guidelines and 
        Priorities and Evaluations

    Section 4 amends the National Sea Grant College Program Act 
to require the Secretary of Commerce to consult with the Sea 
Grant institutions and the Sea Grant Review Panel when setting 
long-range planning guidelines and priorities.

Section 5. Duties of the Director

    Section 5 amends section 204 of the National Sea Grant 
College Program Act to clarify that the duties of the Director 
of the National Sea Grant Office include the following:

 Advise the Secretary of Commerce on: (1) the expertise 
        and capabilities available within or through the 
        National Sea Grant College Program; and (2) on the 
        designation, termination or suspension of sea grant 
        institutions.
 Provide, as directed by the Secretary, National Sea 
        Grant College Program expertise and capabilities which 
        are or could be of use to other offices and activities 
        within NOAA.
 Encourage: (1) 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; (2) cooperation and 
        coordination with other federal programs concerned with 
        ocean, coastal, and Great Lakes resources conservation 
        and usage; and (3) the formation and growth of Sea 
        Grant programs.
 Oversee the operation of the National Sea Grant 
        Office.
 Evaluate Sea Grant institutions' programs, not review 
        each specific state program grant.
 Allocate funding, within available appropriations, 
        among the Sea Grant institutions to: (1) promote 
        healthy competition and successful implementation of 
        programs; and (2) provide a stable base of funding.
 Ensure compliance by the institutions with the merit 
        guidelines to be established by the Secretary of 
        Commerce within 6 months after the date of enactment of 
        the Act.

Section 6. Duties of Sea Grant Institutions

    Section 6 amends the National Sea Grant College Program Act 
to clarify that Sea Grant institutions are subject to any 
regulations or guidelines promulgated by the Secretary of 
Commerce. It specifies that it is the responsibility of each 
Sea Grant institution to consult with the Secretary and the Sea 
Grant Review Panel in developing and implementing a program 
that is consistent with the long-range planning guidelines for 
the National Sea Grant College Program. Finally, the section 
establishes merit review (including peer review) as the 
responsibility of the Sea Grant institutions.
            Committee View
    The Committee supports vigorous oversight of all taxpayer-
funded programs and has a long-standing position that awards 
should be made on a competitive, merit-based process that 
ensures taxpayers' dollars are spent in the most cost-effective 
and productive manner.

Section 7. Repeal of Sea Grant International Program

    Section 7 repeals the Sea Grant International Program, 
which has never been funded.
            Committee View
    The Committee supports deletion of obsolete provisions of 
current law.

Section 8. Designation of Sea Grant Institutions

    Section 8 consolidates and clarifies the requirements for 
the designation of Sea Grant Institutions by amending section 
207 of the Sea Grant College Program Act. 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 recognized for scientific 
excellence; (2) is maintaining a balanced program of research, 
education, training, and advisory services in fields related to 
ocean, coastal, and Great Lakes resources; (3) will cooperate 
with other Sea Grant Institutions and other persons to solve 
problems or meet needs relating to ocean, coastal, and Great 
Lakes resources; (4) will act in accordance with established 
guidelines of merit review (including, at a minimum, peer 
review); and (5) meets such other qualifications as the 
Secretary, in consultation with the Sea Grant Review Panel 
considers necessary or appropriate.
    This section also requires the Secretary, within 6 months 
of the date of enactment, to establish guidelines for the 
conduct of merit review by Sea Grant institutions. At a 
minimum, these guidelines and priorities shall provide for peer 
review of all applications for grants or contracts and require 
standardized documentation of all peer review.
    Finally, consistent with current law, Section 8 provides 
that the Secretary may, for cause and after an opportunity for 
hearing, suspend or terminate any Sea Grant designation.
            Committee View
    The Committee believes that the most important criterion 
for the designation of Sea Grant Institutions is scientific 
excellence and has a long-standing position that awards should 
be made on a competitive, merit-based process that ensures that 
taxpayers' dollars are spent in the most cost-effective and 
productive manner. The Committee also believes that the 
Secretary should retain the authority to suspend or terminate 
any Sea Grant designation for cause and after an opportunity 
for hearing.

Section 9. Repeal of Fellowship Programs

    This section repeals the Fellowship Programs.
            Committee View
    The Fellowship Programs are funded by Sea Grant, but under 
current law are administered and awarded by the Under Secretary 
for Oceans and Atmospheres. The Committee believes that, with 
the exception of a small percentage devoted to the program's 
administration, Sea Grant funds should go directly to the Sea 
Grant Institutions to further marine research and other 
activities authorized under the Act.

Section 10. Authorization of Appropriations

    Section 10 amends the National Sea Grant College Program 
Act to: (1) reauthorize Sea Grant at $54.3 million for Fiscal 
Year 1998, $55.4 million in Fiscal Year 1999, and $56.5 million 
in each of Fiscal Year 2000, Fiscal Year 2001 and Fiscal Year 
2002; (2) limit administrative spending to no more than 5 
percent of the amount appropriated for each fiscal year; (3) 
repeal the separate authorization for oyster disease research; 
and (4) authorize, within the total amount authorized for each 
fiscal year, $2.8 million for competitive grants for university 
research on the zebra mussel as provided in section 
1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990.
            Committee View
    The Committee supports the current level of Sea Grant 
funding as well as a modest increase in the out-years. The 
Committee also recognizes the very important and vital zebra 
mussel research conducted under the Program, and has provided 
specific funding for its continuation.

Section 11. Clerical and Conforming Amendments

    Section 11 makes six clerical amendments, one technical 
amendment (clarifying that, within statutory compensation 
levels, the Secretary establishes the pay rate for the 
Program's Director and for the members of the Sea Grant Review 
Panel), and two conforming amendments.
            Committee View
    The Committee believes that the establishment of the pay 
rate (within statutory compensation levels) for the Program's 
Director and for the members of the Sea Grant Review Panel is 
the prerogative of the Secretary and should not be mandated by 
statute.

Section 12. Sunset

    Section 12 repeals the National Sea Grant Program Act, 
effective October 1, 2001.
            Committee View
    In this era of limited resources, taxpayers' dollars must 
be used in the most effective manner possible, and the 
taxpayers must be convinced they are getting value from 
federally-funded R&D if such funding is to be continued. The 
Committee believes that the National Sea Grant College Program, 
as defined by this Act, will provide such value for the next 5 
years. However, strong and aggressive Congressional oversight 
is key to ensuring that value will continue to be received. The 
establishment of a sunset provision will force Congress to 
conduct an in-depth review of the program, and to determine 
whether or not it is in the best interest of the taxpayer that 
it be continued.

Section 13. Limitations

Subsection 13(a). Prohibition of Lobbying Activities

    Subsection 13(a) forbids the use of funds authorized by 
this Act for any activity whose purpose is to influence 
legislation pending before Congress. However, this subsection 
does not prevent employees of the departments or agencies from 
communicating with Members of Congress to conduct public 
business.
            Committee View
    The Committee is committed to ensuring that awards for 
research are used solely for that purpose. Funds should not be 
used for any purpose, other than that specified in the award. 
The Committee, however, does not exclude appropriate 
communications between the Executive Branch and the Congress.

Subsection 13(b). Limitation on Appropriations

    Subsection 13(b) provides that no sums are authorized to be 
appropriated that are not specifically authorized to be 
appropriated by this Act for Fiscal Years 1998, 1999, 2000, 
2001 and 2002, or by an Act of Congress in succeeding fiscal 
years.
            Committee View
    The Committee emphasizes that the only funds authorized to 
be appropriated for the National Sea Grant College are made 
available under this Act. It is the Committee's position that 
annual authorizations designating specific sums are required 
for appropriations of such sums to be authorized.

Subsection 13(c). Eligibility for Awards

    Subsection 13(c) requires the head of each federal agency 
for which funds are authorized under this Act to exclude from 
consideration for grant agreements, for a period of 5 years, 
any person who received funds for a project not subject to 
competitive, merit-based review process after Fiscal Year 1997. 
The subsection is not applicable to awards to long-standing 
Cooperative Research and Development Agreement program nor 
awards to persons who are members of a class specified by law 
for which assistance is awarded according to formula provided 
by law.
            Committee View
    The Committee has a long-standing position that awards 
should be made on a competitive, merit-based process that 
ensures that taxpayers' dollars are spent in the most cost-
effective and productive manner.

Section 14. Notice

    If any funds of this Act, or amendments made by this Act, 
are subject to reprogramming which requires notice to be given 
to the Appropriations Committees of the House of 
Representatives and the Senate, notice of such action shall be 
concurrently provided to the Committees on Science and Commerce 
of the House of Representatives and the Committee on Science, 
Commerce, and Transportation of the Senate.
    If any program, project, or activity of the National Sea 
Grant College Program is preparing to undergo any major 
reorganization, the Secretary of the Department of Commerce 
shall notify the Committees on Science, Commerce, and 
Appropriations of the House of Representatives and the 
Committees on Science, Commerce, and Transportation and 
Appropriations of the Senate no later than 15 days prior to 
such reorganization.
            Committee View
    The Committee believes that such notice must be given if it 
is to carry out its oversight responsibilities under the Rules 
of the House.

Section 15. Buy American

    Section 15 requires any entity that is appropriated funds 
pursuant to this Act or amendments thereto, to comply with 
Sections 2-4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
popularly known as the ``Buy American Act''); and that 
recipients of funds pursuant to this Act shall be notified of 
subsection (a)'s requirement of compliance with the Buy 
American Act.
            Committee View
    It is the Committee's position that the Federal Government 
buy goods manufactured in the United States when feasible, and 
where cost-effective and practicable.

                     VIII. Committee Cost Estimate

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires each committee report accompanying 
each bill or joint resolution of a public character to contain: 
(1) an estimate, made by such Committee, of the costs which 
would be incurred in carrying out such bill or joint resolution 
in the fiscal year in which it is reported, and in each of the 
5 fiscal years following such fiscal year (or for the 
authorized duration of any program authorized by such bill or 
joint resolution, if less than 5 years); (2) a comparison of 
the estimate of costs described in subparagraph (1) of this 
paragraph made by such Committee with an estimate of such costs 
made by any government agency and submitted to such Committee; 
and (3) when practicable, a comparison of the total estimated 
funding level for the relevant program (or programs) with the 
appropriate levels under current law. However, clause 7(d) of 
that rule provides that this requirement does not apply when a 
cost estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974 has been timely submitted 
prior to the filing of the report and included in the report 
pursuant to clause 2(l)(3)(C) of rule XI. A cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of this 
report and included in Section IX of this report pursuant to 
clause 2(l)(3)(C) of rule XI.
    Clause 2(l)(3)(B) of rule XI of the Rules of the House of 
Representatives requires each committee report that accompanies 
a measure providing new budget authority (other than continuing 
appropriations), new spending authority, or new credit 
authority, or changes in revenues or tax expenditures to 
contain a cost estimate, as required by section 308(a)(1) of 
the Congressional Budget Act of 1974 and, when practicable with 
respect to estimates of new budget authority, a comparison of 
the total estimated funding level for the relevant program (or 
programs) to the appropriate levels under current law. H.R. 437 
does not contain any new budget authority, credit authority, or 
changes in revenues or tax expenditures. Assuming that the sums 
authorized under the bill are appropriated, H.R. 437 does 
authorize additional discretionary spending, as described in 
the Congressional Budget Office report on the bill, which is 
contained in Section IX of this report.

             IX. Congressional Budget Office Cost Estimate

                                Congressional Budget Office
                                              U.S. Congress
                                      Washington, DC. 20515
                                  June E. O'Neill, Director

                                                     April 17, 1997
Honorable F. James Sensenbrenner, Jr.,
Chairman, Committee on Science,
U.S. House of Representatives,
Washington, DC. 20515

    Dear Mr. Chairman:
    The Congressional Budget Office has prepared the enclosed cost 
estimate for H.R. 437, the National Sea Grant College Program 
Reauthorization Act of 1997.
    If you wish further details on this estimate, we will be pleased to 
provide them. The CBO staff contact is Gary Brown, who can be reached 
at 226-2860.
Sincerely,
                                          June E. O'Neill, Director

Enclosure

cc: Honorable George E. Brown, Jr., Ranking Minority Member
                                 ______
                                 
               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
                             April 17, 1997
                                H.R. 437
     National Sea Grant College Program Reauthorization Act of 1997
As ordered reported by the House Committee on Science on April 16, 1997

SUMMARY
    H.R. 437 would reauthorize the National Sea Grant College Program 
Act and would authorize appropriations of $54.3 million in Fiscal Year 
1998, $55.4 million in Fiscal Year 1999, and $56.5 million in each of 
Fiscal Years 2000 through 2002 to carry out its contract, grant, 
fellowship, and administrative functions. The bill also would cap the 
program's administrative expenses at 5 percent of appropriations, 
repeal the sea grant international program and the graduate and 
postdoctoral fellowship programs, authorize grants for university 
research on the zebra mussel, and place certain limits on eligibility 
for sea grant funds.
    Assuming appropriation of the authorized amounts, CBO estimates 
that enacting H.R. 437 would result in additional discretionary 
spending of $278 million over the 1998-2002 period. The legislation 
would not affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. The bill contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates Reform Act 
of 1995 (UMRA), and would not impose any costs on state, local, or 
tribal governments.

ESTIMATED COST TO THE FEDERAL GOVERNMENT
    The estimated budgetary impact of H.R. 437 is shown in the table on 
the following page. For the purposes of this estimate, CBO assumes that 
all amounts authorized in H.R. 437 would be appropriated by the start 
of each fiscal year and that outlays would follow the historical 
spending patterns for the sea grant program. CBO estimates that 
provisions regarding the programs and individuals that are eligible to 
receive sea grant funds would not have a significant impact on the 
overall spending rate for the program.
    H.R. 437 would authorize appropriations for the National Sea Grant 
program at levels that are at or above the 1997 appropriation of $54.3 
million. The bill's authorization for 1998 is equal to the 1997 
appropriation, while the authorized level for 1999 is $1.1 million 
above current funding and the authorized levels for each of Fiscal 
Years 2000 through 2002 are $2.2 million above current funding.

------------------------------------------------------------------------
                                 By Fiscal Year, in Millions of Dollars 
                               -----------------------------------------
                                 1997   1998   1999   2000   2001   2002
------------------------------------------------------------------------
SPENDING SUBJECT TO                                                     
 APPROPRIATION:                                                         
                                                                        
Spending Under Current Law                                              
  Budget Authority         54      0      0      0      0      0
  Estimated Outlays                54      2      0      0      0      0
Proposed Changes                                                        
  Authorization Level               0     54     55     57     57     57
  Estimated Outlays                 0     52     55     57     57     57
Spending Under H.R. 437                                                 
  Authorization Level      54     54     55     57     57     57
  Estimated Outlays                54     54     55     57     57     57
------------------------------------------------------------------------
 The 1997 level is the amount appropriated for that year.       

    The costs of this legislation fall within budget function 300 
(natural resources and environment).

PAY-AS-YOU-GO CONSIDERATIONS: None.

ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
    H.R. 437 contains no mandates as defined in UMRA, and would not 
impose any costs on state, local, or tribal governments. Some of the 
institutions that would receive funds as a result of this bill's 
enactment are public agencies and universities. Under current law, 
institutions that receive grant funds under this program are required 
to pay one-third of the total costs of funded projects.

ESTIMATED IMPACT ON THE PRIVATE-SECTOR
    This bill would impose no new private-sector mandates as defined in 
UMRA.

PREVIOUS CBO ESTIMATE:
    CBO prepared an estimate on March 10, 1997, for H.R. 437, the 
Marine Resources Revitalization Act of 1997, as ordered reported by the 
House Committee on Resources on March 5, 1997. The estimated costs of 
the Science Committee's version of H.R. 437 over the 1998-2002 period 
are greater because it authorizes the sea grant program for 2 
additional years. Other aspects of the two bills are similar; hence, 
the only difference in the estimates is attributable to the difference 
in the number of years covered by the authorization.

ESTIMATE PREPARED BY:
    Federal Cost: Gary Brown (326-2860)
    Impact on State, Local, and Tribal Governments: Pepper Santalucia 
(225-3220)
    Impact on the Private Sector: Lesley Frymier (226-2940)

ESTIMATE APPROVED BY:
    Robert A. Sunshine
    Deputy Assistant Director for Budget Analysis

                  X. Compliance With Public Law 104-4

    H.R. 437 contains no unfunded mandates.

          XI. Committee Oversight Findings and Recommendations

    Clause 2(l)(3)(A) of rule XI of the Rules of the House of 
Representatives requires each committee report to include 
oversight findings and recommendations required pursuant to 
clause 2(b)(1) of rule X. The Committee has no oversight 
findings.

    XII. Oversight Findings and Recommendations by the Committee on 
                    Government Reform and Oversight

    Clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives requires each committee report to contain a 
summary of the oversight findings and recommendations made by 
the House Government Reform and Oversight Committee pursuant to 
clause 4(c)(2) of rule X, whenever such findings and 
recommendations have been submitted to the Committee in a 
timely fashion. The Committee on Science has received no such 
findings or recommendations from the Committee on Government 
Reform and Oversight.

                XIII. Constitutional Authority Statement

    Clause 2(l)(4) of rule XI of the Rules of the House of 
Representatives requires each report of a Committee on a bill 
or joint resolution of a public character to include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the law proposed by the bill or joint 
resolution. Article I, section 8 of the Constitution of the 
United States grants Congress the authority to enact H.R. 437.

               XIV. Federal Advisory Committee Statement

     This legislation does not establish or authorize the 
establishment of a new advisory committee. The functions of the 
advisory committee--the Sea Grant Review Panel--reauthorized in 
H.R. 437 are not currently being, nor could they be, performed 
by one or more agencies or by enlarging the mandate of another 
existing advisory committee.

                  XV. Congressional Accountability Act

    The Committee finds that H.R. 437 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).



       XVI. Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                 NATIONAL SEA GRANT COLLEGE PROGRAM ACT

              TITLE II--NATIONAL SEA GRANT COLLEGE PROGRAM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Sea Grant College 
Program Act''.
          * * * * * * *

SEC. 203. DEFINITIONS.

    As used in this title--
            (1) * * *
          * * * * * * *
            (3) [the] The term ``director of a sea grant 
        college'' means a person designated by their university 
        or institution to direct a sea grant college, programs, 
        or regional consortium.
            [(4) The term ``field related to ocean, coastal, 
        and Great Lakes resources'' means any discipline or 
        field (including marine science (and the physical, 
        natural, and biological sciences, and engineering, 
        included therein), marine technology, education, marine 
        affairs and resource management, economics, sociology, 
        communications, planning, law, international affairs, 
        and public administration) which is concerned with or 
        likely to improve the understanding, assessment, 
        development, utilization, or conservation of ocean, 
        coastal, and Great Lakes resources.]
            (4) The term ``field related to ocean, coastal, and 
        Great Lakes resources'' means any discipline or field, 
        including marine research, which is concerned with or 
        likely to improve the understanding, assessment, 
        development, utilization, or conservation of ocean, 
        coastal, and Great Lakes resources.
          * * * * * * *
            (6) The term ``ocean, coastal, and Great Lakes 
        resources'' means the resources that are located in, 
        derived from, or traceable to, the seabed, subsoil, and 
        waters of--
                    (A) * * *
          * * * * * * *
                    (F) the areas referred to as eastern 
                special areas in Article 3(1) of the Agreement 
                between the United States of America and the 
                Union of Soviet Socialist Republics on the 
                Maritime Boundary, signed June 1, 1990; in 
                particular, those areas east of the maritime 
                boundary, as defined in that Agreement, that 
                lie within 200 nautical miles of the baselines 
                from which the breadth of the territorial sea 
                of Russia is measured but beyond 200 nautical 
                miles of the baselines from which the breadth 
                of the territorial sea of the United States is 
                measured; and
          * * * * * * *
            [(13) The term ``Secretary'' means the Secretary of 
        Commerce.]
            (13) The term ``Secretary'' means the Secretary of 
        Commerce, acting through the Under Secretary of 
        Commerce for Oceans and Atmosphere.
            (14) 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.
            [(15) The term ``Under Secretary'' means the Under 
        Secretary of Commerce for Oceans and Atmosphere.]
            (15) 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.

[SEC. 204. NATIONAL SEA GRANT PROGRAM.]

SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.

    (a) 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 
consist of the financial assistance and other activities 
provided for in this Act, and shall be administered by a 
National Sea Grant Office within the Administration. The 
Secretary, in consultation with the sea grant institutions and 
the panel established under section 209, shall establish long-
range planning guidelines and priorities for, and adequately 
evaluate, this program.
    (b) Director.--(1) The Secretary shall appoint a Director 
of the national sea grant college program who shall be a 
qualified individual who has--
            (A) knowledge or expertise in fields related to 
        ocean, coastal, and Great Lakes resources; and
            (B) appropriate administrative experience.
    (2) 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 not in excess of the [maximum rate for GS-18 of the 
General Schedule under section 5332 of such title.] maximum 
rate payable under section 5376 of title 5, United States Code.
    [(c) Duties.--The Director shall administer the national 
sea grant college program subject to the supervision of the 
Secretary and the Under Secretary. In addition to any other 
duty prescribed by law or assigned by the Secretary, the 
Director shall--
            [(1) apply the long-range planning guidelines and 
        the priorities established by the Secretary under 
        subsection (a);
            [(2) advise the Under 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 Under Secretary) those 
        which are or could be of use to other offices and 
        activities within the Administration;
            [(3) evaluate activities conducted under grants and 
        contracts awarded pursuant to section 205 to assure 
        that the objective set forth in section 202(b) is 
        implemented;
            [(4) 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;
            [(5) encourage cooperation and coordination with 
        other Federal programs concerned with ocean, coastal, 
        and Great Lakes resources conservation and usage;
            [(6) advise the Secretary on the designation of sea 
        grant colleges and sea grant regional consortia and, in 
        appropriate cases, if any, on the termination or 
        suspension of any such designation;
            [(7) encourage the formation and growth of sea 
        grant programs; and
            [(8) oversee the operation of the National Sea 
        Grant Office established under subsection (a) of this 
        section.]
    (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).
    (d) Powers.--To carry out the provisions of this title, the 
Secretary may--
            (1) appoint, assign the duties, transfer, and fix 
        the compensation of such personnel as may be necessary, 
        in accordance with the civil service laws; except that 
        [five positions] one position may be established 
        without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive 
        service, but the pay rates for such positions may not 
        exceed [the maximum rate for GS-18 of the General 
        Schedule under section 5332] a rate established by the 
        Secretary, not to exceed the maximum daily rate payable 
        under section 5376 of such title;
          * * * * * * *
    (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 subsection (a) of this 
        section; and
            (2) conduct merit review of all applications for 
        project grants or contracts to be awarded under section 
        205.

SEC. 205. CONTRACTS AND GRANTS.

    (a) * * *
    (b) Special Grants.--The Secretary may make special grants 
under this subsection to implement the objective set forth in 
section 202(b). The amount of any such grant may equal 100 
percent, or any lesser percent, of the total cost of the 
project involved. No grant may be made under this subsection 
unless the Secretary finds that--
            (1) no reasonable means is available through which 
        the applicant can meet the matching requirement for a 
        grant under subsection (a);
            (2) the probable benefit of such project outweighs 
        the public interest in such matching requirement; and
            (3) the same or equivalent benefit cannot be 
        obtained through the award of a contract or grant under 
        subsection (a) [or section 206].
The total amount which may be provided for grants under this 
subsection during any fiscal year shall not exceed an amount 
equal to 1 percent of the total funds appropriated for such 
year pursuant to section 212.
          * * * * * * *

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

    [(a) Designation.--(1) The Secretary may designate--
            [(A) any institution of higher education as a sea 
        grant college; and
            [(B) any association or other alliance of two or 
        more persons (other than individuals) as a sea grant 
        regional consortium.
    [(2) No institution of higher education may be designated 
as a sea grant college unless the Secretary finds that such 
institution--
            [(A) is maintaining a balanced program of research, 
        education, training, and advisory services in fields 
        related to ocean, coastal, and Great Lakes resources 
        and has received financial assistance under section 205 
        of this title or under section 204(c) of the National 
        Sea Grant College and Program Act of 1966;
            [(B) will act in accordance with such guidelines as 
        are prescribed under subsection (b)(2); and
            [(C) meets such other qualifications as the 
        Secretary deems necessary or appropriate.
The designation of any institution as a sea grant college under 
the authority of such Act of 1966 shall, if such designation is 
in effect on the day before the date of the enactment of the 
Sea Grant Program Improvement Act of 1976, be considered to be 
a designation made under paragraph (1) so long as such 
institution complies with subparagraphs (B) and (C).
    [(3) No association or other alliance of two or more 
persons may be designated as a sea grant regional consortium 
unless the Secretary finds that such association or alliance--
            [(A) is established for the purpose of sharing 
        expertise, research, educational facilities, or 
        training facilities, and other capabilities in order to 
        facilitate research, education, training, and advisory 
        services, in any field related to ocean, coastal, and 
        Great lakes resources;
            [(B) will encourage and follow a regional approach 
        to solving problems or meeting needs relating to ocean, 
        coastal, and Great Lakes resources, in cooperation with 
        appropriate sea grant colleges, sea grant programs, and 
        other persons in the region;
            [(C) will act in accordance with such guidelines as 
        are prescribed under subsection (b)(2); and
            [(D) meets such other qualifications as the 
        Secretary deems necessary or appropriate.
    [(b) Regulations.--The Secretary shall by regulation 
prescribe--
            [(1) the qualifications required to be met under 
        paragraphs (2)(C) and (3)(D) of subsection (a); and
            [(2) guidelines relating to the activities and 
        responsibilities of sea grant colleges and sea grant 
        regional consortia.
    [(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. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA.

    (a) Qualifications.--The Secretary may designate an 
institution of higher education 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 recognized for scientific excellence;
            (2) is maintaining a balanced program of research, 
        education, training, and advisory services in fields 
        related to ocean, coastal, and Great Lakes resources;
            (3) will cooperate with other sea grant 
        institutions and other persons to solve problems or 
        meet needs relating to ocean, coastal, and Great Lakes 
        resources;
            (4) will act in accordance with such guidelines as 
        are prescribed under subsection (b)(2); and
            (5) meets such other qualifications as the 
        Secretary, in consultation with the panel established 
        under section 209, considers necessary or appropriate.
    (b) Regulations and Guidelines.--
            (1) In general.--The Secretary shall by regulation 
        prescribe the qualifications required to be met under 
        subsection (a)(5).
            (2) Merit review.--Within 6 months of 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. 208. FELLOWSHIPS.

    [(a) In General.--To carry out the educational and training 
objectives of this Act, the Under Secretary shall support a 
program of fellowships for qualified individuals at the 
graduate and post-graduate level. The fellowships shall be 
related to ocean, coastal, and Great Lakes resources and 
awarded pursuant to guidelines established by the Under 
Secretary.
    [(b) Dean John A. Knauss Marine Policy Fellowship.--The 
Under Secretary may award marine policy fellowships to support 
the placement of individuals at the graduate level of education 
in fields related to ocean, coastal and Great Lakes resources 
in positions with the executive and legislative branches of the 
United States Government. A fellowship awarded under this 
subsection shall be for a period of not more than 1 year.
    [(c) Postdoctoral Fellowships.--The Under Secretary shall 
establish and administer a program of postdoctoral fellowships 
to accelerate research in critical subject areas. The 
fellowship awards--
            [(1) shall be for 2 years;
            [(2) may be renewed once for not more than 2 years;
            [(3) shall be awarded on a nationally competitive 
        basis;
            [(4) may be used at any institution of post-
        secondary education involved in the national sea grant 
        college program;
            [(5) shall be for up to 100 percent of the total 
        cost of the fellowship; and
            [(6) may be made to recipients of terminal 
        professional degrees, as well as doctoral degree 
        recipients.]

SEC. 209. SEA GRANT REVIEW PANEL.

    (a) Establishment.--There shall be established an 
independent committee to be known as the sea grant review 
panel. [The panel shall, on the 60th day after the date of the 
enactment of the Sea Grant Program Improvement Act of 1976, 
supersede the sea grant advisory panel in existence before such 
date of enactment.
    [The Panel shall advise] (b) Duties.--The panel shall 
advise the Secretary[, the Under Secretary,] and the Director 
concerning--
            (1) applications or proposals for, and performance 
        under, grants and contracts awarded under section 205 
        [and section 3 of the Sea Grant Program Improvement Act 
        of 1976];
            (2) the sea grant fellowship program;
            (3) the designation and operation of sea grant 
        [colleges and sea grant regional consortia] 
        institutions, and the operation of sea grant programs;
          * * * * * * *
    (c) Membership, Terms, and Powers.--(1) The panel shall 
consist of 15 voting members who shall be appointed by the 
Secretary. The Director and a director of a sea grant program 
who is elected by the various directors of sea grant programs 
shall serve as nonvoting members of the panel. Not less than 8 
of the voting members of the panel shall be individuals who, by 
reason of knowledge, experience, or training, are especially 
qualified in one or more of the disciplines and fields included 
in marine science. The other voting members shall be 
individuals who, by reason of knowledge, experience, or 
training, are especially qualified in, or representative of, 
education, marine affairs and resource management, extension 
services, State government, industry, economics, planning, or 
any other activity which is appropriate to, and important for, 
any effort to enhance the understanding, assessment, 
development, utilization, or conservation of ocean, coastal, 
and Great Lakes resources. No individual is eligible to be a 
voting member of the panel if the individual is (A) the 
director of a sea grant [college, sea grant regional 
consortium,] institution or sea grant program; (B) an applicant 
for, or beneficiary (as determined by the Secretary) of, any 
grant or contract under section 205; or (C) a full-time officer 
of employee of the United States.
          * * * * * * *
    (5) Voting members of the panel shall--
            (A) receive compensation at [the daily rate for GS-
        18 of the General Schedule under section 5332] 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. 212. AUTHORIZATION OF APPROPRIATIONS.

    [(a) There is authorized to be appropriated to carry out 
the provisions of sections 205 and 208 of this Act, and section 
3 of the Sea Grant Program Improvement Act of 1976 (33 U.S.C. 
1124a), an amount--
            [(1) for fiscal year 1991, not to exceed 
        $44,398,000;
            [(2) for fiscal year 1992, not to exceed 
        $46,014,000;
            [(3) for fiscal year 1993, not to exceed 
        $47,695,000;
            [(4) for fiscal year 1994, not to exceed 
        $49,443,000; and
            [(5) for fiscal year 1995, not to exceed 
        $51,261,000.
    [(b)(1) There is authorized to be appropriated for 
administration of this Act, including section 209, by the 
National Sea Grant Office and the Administration, an amount--
            [(A) for fiscal year 1991, not to exceed 
        $2,500,000;
            [(B) for fiscal year 1992, not to exceed 
        $2,600,000;
            [(C) for fiscal year 1993, not to exceed 
        $2,700,000;
            [(D) for fiscal year 1994, not to exceed 
        $2,800,000; and
            [(E) for fiscal year 1995, not to exceed 
        $2,900,000.]
    (a) Authorization.--There is authorized to be appropriated 
to carry out this Act--
            (1) $54,300,000 for fiscal year 1998;
            (2) $55,400,000 for fiscal year 1999;
            (3) $56,500,000 for fiscal year 2000;
            (4) $56,500,000 for fiscal year 2001; and
            (5) $56,500,000 for fiscal year 2002.
For each of the fiscal years referred to in paragraphs (1) 
through (5), $2,800,000 of the amount authorized by that 
paragraph shall be 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) Administration.--
            (1) Limitation.--Of the amount appropriated for 
        each fiscal year under subsection (a), no more than 5 
        percent may be used for the administration of this Act, 
        including section 209, by the National Sea Grant Office 
        and the Administration.
            [(2)] (2) Limitation on use of other amounts.--Sums 
        appropriated under the authority of [subsections (a) 
        and (c)] subsection (a) shall not be available for 
        administration of this Act by the National Sea Grant 
        Office, or for Administration program or administrative 
        expenses.
    [(c) In addition to sums authorized under subsection (a), 
there is authorized to be appropriated for priority oyster 
disease research under section 205 of this Act, an amount--
            [(1) for fiscal year 1992, not to exceed 
        $1,400,000;
            [(2) for fiscal year 1993, not to exceed 
        $3,000,000;
            [(3) for fiscal year 1994, not to exceed 
        $3,000,000; and
            [(4) for fiscal year 1995, not to exceed 
        $3,000,000.]
    [(d)] (c) Availability of Sums.--Sums appropriated pursuant 
to this section shall remain available until expended.
    [(e)] (d) Reversion of Unobligated Amounts.--The amount of 
any grant, or portion of a grant, made to a person under any 
section of this Act that is not obligated by that person during 
the first fiscal year for which it was authorized to be 
obligated or during the next fiscal year thereafter shall 
revert to the Secretary. The Secretary shall add that reverted 
amount to the funds available for grants under the section for 
which the reverted amount was originally made available.

SEC. 213. SUNSET.

    This Act is repealed, effective October 1, 2002.
                              ----------                              


       SECTION 3 OF THE SEA GRANT PROGRAM IMPROVEMENT ACT OF 1976

[SEC. 3. SEA GRANT INTERNATIONAL PROGRAM.

    [(a) In General.--The Under Secretary of Commerce for 
Oceans and Atmosphere may enter into contracts and make grants 
under this section to--
            [(1) enhance cooperative international research and 
        educational activities on ocean, coastal and Great 
        Lakes resources;
            [(2) promote shared marine activities with 
        universities in countries with which the United States 
        has sustained mutual interest in ocean, coastal, and 
        Great Lakes resources;
            [(3) encourage technology transfer that enhances 
        wise use of ocean, coastal, and Great Lakes resources 
        in other countries and in the United States;
            [(4) promote the exchange among the United States 
        and foreign nations of information and data with 
        respect to the assessment, development, utilization, 
        and conservation of such resources;
            [(5) use the national sea grant college program as 
        a resource in other Federal civilian agency 
        international initiatives whose purposes are 
        fundamentally related to research, education, 
        technology transfer and public service programs 
        concerning the understanding and wise use of ocean, 
        coastal, and Great Lakes resources; and
            [(6) enhance regional collaboration between foreign 
        nations and the United States with respect to marine 
        scientific research, including activities which improve 
        understanding of global oceanic and atmospheric 
        processes, undersea minerals resources within the 
        exclusive economic zone and special areas, and 
        productivity and enhancement of living marine resources 
        in--
                    [(A) the Caribbean and Latin American 
                regions;
                    [(B) the Pacific Islands region;
                    [(C) the Arctic and Antartic regions;
                    [(D) the Atlantic and Pacific Oceans; and
                    [(E) the Great Lakes.
    [(b) Eligibility, Procedures, and Requirements.--Any sea 
grant college, sea grant program, or sea grant regional 
consortium, and any institution of higher education, 
laboratory, or institute (if the institution, laboratory, or 
institute is located within a State, as defined in section 
203(14) of the National Sea Grant College Program Act (33 
U.S.C. 1122(14)), may apply for and receive financial 
assistance under this section. The Under Secretary shall 
prescribe rules and regulations, in consultation with the 
Secretary of State, to carry out this section. Before approving 
an application for a grant or contract under this section, the 
Under Secretary shall consult with the Secretary of State. A 
grant made, or contract entered into, under this section is 
subject to section 205(d) (2) and (4) of the National Sea Grant 
College Program Act (33 U.S.C. 1124(d) (2) and (4)) and to any 
other requirements that the Under Secretary considers necessary 
and appropriate.]

                    XVII. Committee Recommendations

    On April 16, 1997, a quorum being present, the Committee 
favorably reported the National Sea Grant College Program 
Reauthorization Act of 1997, by a voice vote, and recommended 
its enactment.

                                
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