[105th Congress Public Law 160]
[From the U.S. Government Printing Office]
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[DOCID: f:publ160.105]
[[Page 112 STAT. 21]]
Public Law 105-160
105th Congress
An Act
To reauthorize the Sea Grant Program. <<NOTE: Mar. 6, 1998 - [S.
927]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Sea
Grant College Program Reauthorization Act of 1998. 33 USC 1121 note.>>
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,
[[Page 112 STAT. 22]]
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--
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``(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) <<NOTE: Guidelines.>> 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) <<NOTE: Regulations.>> 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.
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``(d) Director of the National Sea Grant College Program.--
``(1) The Secretary shall appoint, as the Director of the
National Sea Grant College Program, a qualified individual who
has appropriate administrative experience and knowledge or
expertise in fields related to ocean, coastal, and Great Lakes
resources. The Director shall be appointed and compensated,
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, at a rate
payable under section 5376 of title 5, United States Code.
``(2) Subject to the supervision of the Secretary, the
Director shall administer the national sea grant college program
and oversee the operation of the national sea grant office. In
addition to any other duty prescribed by law or assigned by the
Secretary, the Director shall--
``(A) facilitate and coordinate the development of a
long-range strategic plan under subsection (c)(1);
``(B) advise the Secretary with respect to the
expertise and capabilities which are available within or
through the national sea grant college program and
encourage the use of such expertise and capabilities, on
a cooperative or other basis, by other offices and
activities within the Administration, and other Federal
departments and agencies;
``(C) advise the Secretary on the designation of sea
grant colleges and sea grant institutes, and, if
appropriate, on the termination or suspension of any
such designation; and
``(D) encourage the establishment and growth of sea
grant programs, and cooperation and coordination with
other Federal activities in fields related to ocean,
coastal, and Great Lakes resources.
``(3) With respect to sea grant colleges and sea grant
institutes, the Director shall--
``(A) evaluate the programs of sea grant colleges
and sea grant institutes, using the priorities,
guidelines, and qualifications established by the
Secretary;
``(B) subject to the availability of appropriations,
allocate funding among sea grant colleges and sea grant
institutes so as to--
``(i) promote healthy competition among sea
grant colleges and institutes;
``(ii) encourage successful implementation of
sea grant programs; and
``(iii) to the maximum extent consistent with
other provisions of this Act, provide a stable
base of funding for sea grant colleges and
institutes; and
``(C) ensure compliance with the guidelines for
merit review under subsection (c)(2).''.
SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.
Section 3 of the Sea Grant Program Improvement Act of 1976 (33
U.S.C. 1124a) is repealed.
SEC. 7. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
Section 207 (33 U.S.C. 1126) is amended to read as follows:
``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
``(a) Designation.--
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``(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.
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(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 <<NOTE: 33 USC 1131 note.>> 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
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Resources of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(d) Notice <<NOTE: 33 USC 1123 note.>> of Reorganization.--The
Secretary of Commerce shall provide notice to the Committees on Science,
Resources, and Appropriations of the House of Representatives and the
Committees on Commerce, Science, and Transportation and Appropriations
of the Senate, not later than 45 days before any major reorganization of
any program, project, or activity of the National Sea Grant College
Program.
SEC. <<NOTE: 15 USC 1541.>> 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.
Approved March 6, 1998.
LEGISLATIVE HISTORY--S. 927:
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SENATE REPORTS: No. 105-150 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Nov. 13, considered and passed
Senate.
Vol. 144 (1998):
Feb. 11, considered and passed
House, amended.
Feb. 12, Senate concurred in House
amendment.
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