Union Calendar No. 89

104TH CONGRESS

1ST SESSION H. R. 1175

[Report No. 104–123, Parts I and II]

A BILL

To amend Public Law 89–454 to provide for the

reauthorization of appropriations.

JULY 11, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 89

104TH CONGRESS

1ST SESSION H. R. 1175

[Report No. 104–123, Parts I and II]

To amend Public Law 89–454 to provide for the reauthorization of

appropriations.

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 1995

Mr. YOUNG of Alaska introduced the following bill; which was referred to the

Committee on Resources

MAY 16, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

MAY 17, 1995

The Committee of the Whole House on the State of the Union discharged,

and referred to the Committee on Science for a period ending not later

than June 30, 1995, for consideration of such provisions of the bill and

amendment as fall within the jurisdiction of the Committee on Science

pursuant to clause 1(n), rule X

JUNE 30, 1995

Referral to the Committee on Science extended for a period ending not later

than July 11, 1995

JULY 11, 1995

Additional sponsors: Mr. SAXTON, Mr. MILLER of California, Mr. STUDDS,

Mrs. MORELLA, Mr. MANTON, Mr. MONTGOMERY, Mr. GILCHREST, Ms.

LOFGREN, Mr. REED, Mr. JOHNSTON of Florida, Mr. MCDERMOTT, Mr.

GENE GREEN of Texas, Mr. TORKILDSEN, Mr. PICKETT, Mrs. MINK of

Hawaii, Mr. FIELDS of Texas, Mr. FRANK of Massachusetts, Mr. LAFALCE, Mr. JONES, Mr. PALLONE, Mr. MARKEY, Mr. KENNEDY of

Rhode Island, Mr. HINCHEY, Mr. QUINN, Mr. HASTINGS of Florida, Mr.

KENNEDY of Massachusetts, Mr. METCALF, Mr. ROMERO-BARCELO ́, Ms.
2

•HR 1175 RH2

PELOSI, Mr. FRAZER, Mr. LOBIONDO, Mr. GEJDENSON, Mr. BATEMAN,

Mr. KLUG, Mr. BILBRAY, Mrs. FOWLER, Mr. HILLIARD, Ms. SLAUGHTER, Mrs. SEASTRAND, Mr. SMITH of New Jersey, Mr. ABERCROMBIE,

Mr. BALDACCI, Mr. OBERSTAR, Mr. CLYBURN, Mr. HOYER, Mr. SPENCE,

Mr. LAZIO of New York, Mr. DELLUMS, Mr. DE LA GARZA, Mrs.

THURMAN, Ms. RIVERS, Mr. HAMILTON, Mr. STUPAK, Mr. SHAW, Mr.

CALLAHAN, Mr. LATOURETTE, Mrs. LOWEY, Mr. DINGELL, Mr. FIELDS

of Louisiana, Mr. DIXON, Mr. EVANS, Mr. WILSON, Mr. FARR, Mr.

BLUTE, Mr. LONGLEY, Mr. DEUTSCH, Mr. PETERSON of Florida, Mr.

YOUNG of Florida, Mr. GOSS, Mr. TORRICELLI, Mrs. MEEK of Florida,

Mr. TAUZIN, Mr. CONYERS, Mr. FORBES, Mr. TOWNS, Mr. ACKERMAN,

Mr. RIGGS, Mr. DICKS, Mr. ENGEL, Mr. CAMP, and Mr. LAUGHLIN

JULY 11, 1995

Reported from the Committee on Science with an amendment, committed to

the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in boldface roman]

A BILL

To amend Public Law 89–454 to provide for the

reauthorization of appropriations.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Marine Resources Re5 vitalization Act of 1995’’.

6 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

7 Section 212(a) of Public Law 89–454 is amended to

8 read as follows:

9 ‘‘(a) IN GENERAL.—There is authorized to be appro10 priated to carry out sections 205 and 208 of this title such
3

•HR 1175 RH2

1 sums as may be necessary for each of fiscal years 1996

2 through 2000.’’.

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Marine Resources Revi5 talization Act of 1995’’.

6 SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE

7 PROGRAM ACT.

8 Except as otherwise expressly provided, whenever in

9 this Act an amendment or repeal is expressed in terms of

10 an amendment to, or repeal of, a section or other provision,

11 the reference shall be considered to be made to a section or

12 other provision of the National Sea Grant College Program

13 Act (33 U.S.C. 1121 et seq.).

14 SEC. 3. AMENDMENTS TO DEFINITIONS.

15 (a) FIELD RELATED TO OCEAN, COASTAL, AND GREAT

16 LAKES RESOURCES.—Section 203(4) (33 U.S.C. 1122(4))

17 is amended—

18 (1) by inserting ‘‘marine biotechnology,’’ after

19 ‘‘marine technology,’’; and

20 (2) by inserting ‘‘shellfish disease studies,’’ after

21 ‘‘marine affairs and resource management,’’.

22 (b) SEA GRANT INSTITUTION.—Section 203 (33 U.S.C.

23 1122) is amended by adding at the end the following new

24 paragraph:
4

•HR 1175 RH2

1 ‘‘(16) The term ‘sea grant institution’ means a

2 sea grant college or a sea grant regional consortium.’’.

3 SEC. 4. CONSULTATIONS REGARDING LONG-RANGE PLAN4 NING GUIDELINES AND PRIORITIES AND

5 EVALUATION.

6 Section 204(a) (33 U.S.C. 1123(a)) is amended in the

7 last sentence by inserting after ‘‘The Secretary’’ the follow8 ing: ‘‘, in consultation with the sea grant institutions and

9 the panel established under section 209,’’.

10 SEC. 5. DUTIES OF DIRECTOR.

11 Section 204(c) (33 U.S.C. 1123(c)) is amended to read

12 as follows:

13 ‘‘(c) DUTIES OF DIRECTOR.—

14 ‘‘(1) IN GENERAL.—The Director shall admin15 ister the National Sea Grant College Program subject

16 to the supervision of the Secretary and the Under Sec17 retary. In addition to any other duty prescribed by

18 law or assigned by the Secretary, the Director shall—

19 ‘‘(A) advise the Under Secretary with re20 spect to the expertise and capabilities which are

21 available within or through the National Sea

22 Grant College Program, and provide (as directed

23 by the Under Secretary) those which are or could

24 be of use to other offices and activities within the

25 Administration;
5

•HR 1175 RH2

1 ‘‘(B) encourage other Federal departments,

2 agencies, and instrumentalities to use and take

3 advantage of the expertise and capabilities which

4 are available through the National Sea Grant

5 College Program, on a cooperative or other basis;

6 ‘‘(C) encourage cooperation and coordina7 tion with other Federal programs concerned with

8 ocean, coastal, and Great Lakes resources con9 servation and usage;

10 ‘‘(D) advise the Secretary on the designa11 tion of sea grant institutions and, in appro12 priate cases, if any, on the termination or sus13 pension of any such designation;

14 ‘‘(E) encourage the formation and growth of

15 sea grant programs; and

16 ‘‘(F) oversee the operation of the National

17 Sea Grant Office established under subsection

18 (a).

19 ‘‘(2) DUTIES WITH RESPECT TO SEA GRANT IN20 STITUTIONS.—With respect to the sea grant institu21 tions, the Director shall—

22 ‘‘(A) evaluate the programs of the institu23 tions, using the guidelines and priorities estab24 lished by the Secretary under subsection (a), to
6

•HR 1175 RH2

1 ensure that the objective set forth in section

2 202(b) is achieved;

3 ‘‘(B) subject to the availability of appro4 priations, allocate funding among the sea grant

5 institutions so as to—

6 ‘‘(i) promote healthy competition

7 among those institutions,

8 ‘‘(ii) promote achievement of the goals

9 established by the institutions under sub10 section (e), and

11 ‘‘(iii) to the maximum extent consist12 ent with the other provisions of this sub13 paragraph, provide a stable base of funding

14 for the institutions; and

15 ‘‘(C) ensure compliance by the institutions

16 with the guidelines for merit review published

17 pursuant to section 207(b)(2).’’.

18 SEC. 6. DUTIES OF SEA GRANT INSTITUTIONS.

19 Section 204 (33 U.S.C. 1123) is amended by adding

20 at the end the following new subsection:

21 ‘‘(e) DUTIES OF THE SEA GRANT INSTITUTIONS.—

22 Subject to any regulations or guidelines promulgated by the

23 Secretary, it shall be the responsibility of each sea grant

24 institution to—
7

•HR 1175 RH2

1 ‘‘(1) develop, in consultation with the Secretary

2 and the panel established under section 209, goals for

3 its program that are consistent with the guidelines

4 and priorities developed under section 204(a);

5 ‘‘(2) conduct merit review of all applications for

6 project grants or contracts to be awarded under sec7 tion 205; and

8 ‘‘(3) demonstrate significant progress toward the

9 goals established under this section.’’.

10 SEC. 7. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.

11 (a) REPEAL.—Section 3 of the Sea Grant Program

12 Improvement Act of 1976 (33 U.S.C. 1124a) is repealed.

13 (b) CONFORMING AMENDMENT.—Section 209(b)(1) (33

14 U.S.C. 1128(b)(1)) is amended by striking ‘‘and section 3

15 of the Sea Grant Program Improvement Act of 1976’’.

16 SEC. 8. DESIGNATION OF SEA GRANT INSTITUTIONS.

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

18 follows:

19 ‘‘SEC. 207. SEA GRANT COLLEGES AND SEA GRANT RE20 GIONAL CONSORTIA.

21 ‘‘(a) DESIGNATION.—The Secretary may designate an

22 institution of higher learning as a sea grant college, and

23 an association or alliance of two or more persons as a sea

24 grant regional consortium, if the institution, association,

25 or alliance—
8

•HR 1175 RH2

1 ‘‘(1) is maintaining a balanced program of re2 search, education, training, and advisory services in

3 fields related to ocean, coastal, and Great Lakes re4 sources and has received financial assistance under

5 section 205 of this Act or under section 204(c) of the

6 National Sea Grant College and Program Act of

7 1966;

8 ‘‘(2) will encourage and follow a regional ap9 proach to solving problems or meeting needs relating

10 to ocean, coastal, and Great Lakes resources, in co11 operation with appropriate sea grant colleges, sea

12 grant programs, and other persons in the region;

13 ‘‘(3) will act in accordance with such guidelines

14 as are prescribed under subsection (b)(2); and

15 ‘‘(4) meets such other qualifications as the Sec16 retary considers necessary or appropriate.

17 ‘‘(b) REGULATIONS AND GUIDELINES.—

18 ‘‘(1) IN GENERAL.—The Secretary shall by regu19 lation prescribe the qualifications required to be met

20 under subsection (a)(4).

21 ‘‘(2) MERIT REVIEW.—Within 6 months of the

22 date of enactment of the Marine Resources Revitaliza23 tion Act of 1995, the Secretary, after consultation

24 with the sea grant institutions, shall publish in the

25 Federal Register guidelines for the conduct of merit
9

•HR 1175 RH2

1 review by the sea grant institutions of applications

2 for project grants and contracts to be awarded under

3 section 205. The guidelines shall, at a minimum, pro4 vide for mail review of all applications for grants or

5 contracts and require standardized documentation of

6 all peer review.’’.

7 SEC. 9. REPEAL OF POSTDOCTORAL FELLOWSHIP PRO8 GRAM.

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

10 SEC. 10. AMENDMENTS RELATING TO SEA GRANT REVIEW

11 PANEL.

12 Section 209 (33 U.S.C. 1128) is amended—

13 (1) in subsection (a) by striking the second sen14 tence; and

15 (2) in subsection (c)(6) by striking ‘‘a biannual’’

16 and inserting ‘‘an annual’’.

17 SEC. 11. AUTHORIZATIONS OF APPROPRIATIONS.

18 (a) GRANTS, CONTRACTS, AND FELLOWSHIPS.—Sec19 tion 212(a) (33 U.S.C. 1131(a)) is amended to read as fol20 lows:

21 ‘‘(a) GRANTS, CONTRACTS, AND FELLOWSHIPS.—There

22 is authorized to be appropriated to carry out sections 205

23 and 208—

24 ‘‘(1) $50,600,000 for fiscal year 1996;

25 ‘‘(2) $52,500,000 for fiscal year 1997; and
10

•HR 1175 RH2

1 ‘‘(3) $54,500,000 for fiscal year 1998.’’.

2 (b) ADMINISTRATION.—Section 212(b) (33 U.S.C.

3 1131(b)) is amended—

4 (1) by striking so much as precedes paragraph

5 (2) and inserting the following:

6 ‘‘(b) ADMINISTRATION.—

7 ‘‘(1) AUTHORIZATION.—There is authorized to be

8 appropriated for administration of this Act, includ9 ing section 209, by the National Sea Grant Office and

10 the Administration—

11 ‘‘(A) $2,700,000 for fiscal year 1996;

12 ‘‘(B) $2,000,000 for fiscal year 1997; and

13 ‘‘(C) $1,500,000 for fiscal year 1998.’’;

14 (2) in paragraph (2)—

15 (A) by striking ‘‘subsections (a) and (c)’’

16 and inserting ‘‘subsection (a)’’; and

17 (B) by striking ‘‘(2)’’ and inserting ‘‘(2)

18 LIMITATION ON USE OF OTHER AMOUNTS.—’’;

19 and

20 (3) by moving paragraph (2) 2 ems to the right,

21 so that the left margin of paragraph (2) is aligned

22 with the left margin of paragraph (1), as amended by

23 paragraph (1) of this subsection.
11

•HR 1175 RH2

1 (c) REPEAL.—Section 212 (33 U.S.C. 1131) is amend2 ed by repealing subsection (c) and redesignating subsections

3 (d) and (e) in order as subsections (c) and (d).

4 SEC. 12. CLERICAL AND CONFORMING AMENDMENTS.

5 (a) CLERICAL AMENDMENT.—Section 209, as amended

6 by section 10(1) of this Act (33 U.S.C. 1128(b)), is amended

7 by striking all of the matter that follows the first full sen8 tence through ‘‘shall advise’’, and inserting ‘‘(b) DUTIES.—

9 The panel shall advise’’.

10 (b) CONFORMING AMENDMENTS.—

11 (1) Section 204(b)(2) (33 U.S.C. 1123(b)(2)) is

12 amended by striking ‘‘maximum rate for GS–18’’ and

13 all that follows through the end of the sentence and

14 inserting ‘‘maximum rate payable under section 5376

15 of title 5, United States Code.’’.

16 (2) Section 209(c)(5)(A) (33 U.S.C.

17 1128(c)(5)(A)) is amended by striking ‘‘the daily rate

18 for GS–18 of the General Schedule under section 5332

19 of title 5, United States Code’’ and inserting ‘‘the

20 maximum daily rate payable under section 5376 of

21 title 5, United States Code’’.

22 (3) Section 209 (33 U.S.C. 1128) is amended—

23 (A) in subsection (b)(3) by striking ‘‘colleges

24 and sea grant regional consortia’’ and inserting

25 ‘‘institutions’’; and
12

•HR 1175 RH2

1 (B) in subsection (c)(1) in the last sentence

2 in clause (A) by striking ‘‘college, sea grant re3 gional consortium,’’ and inserting ‘‘institution’’.

4 SECTION 1. NATIONAL SEA GRANT COLLEGE PROGRAM.

5 (a) NATIONAL SEA GRANT COLLEGE PRO6 GRAM.—(1) Section 212(a) of the National Sea

7 Grant College Program Act (33 U.S.C. 1131(a))

8 is amended to read as follows:

9 ‘‘(a) GRANTS AND CONTRACTS; FELLOW10 SHIPS.—There are authorized to be appro11 priated to carry out sections 205 and 208,

12 $34,500,000 for fiscal year 1996.’’.

13 (2) Section 212(b)(1) of the National Sea

14 Grant College Program Act (33 U.S.C.

15 1131(b)(1)) is amended by striking ‘‘an

16 amount’’ and all that follows through ‘‘not to

17 exceed $2,900,000’’ and inserting in lieu there18 of ‘‘$1,500,000 for fiscal year 1996’’.

19 (3) Section 203(4) of the National Sea

20 Grant College Program Act (33 U.S.C. 1122(4))

21 is amended by striking ‘‘discipline or field’’

22 and all that follows through ‘‘public adminis23 tration)’’ and inserting in lieu thereof ‘‘field or

24 discipline involving scientific research’’.

25 (b) REPEAL OF SEA GRANT PROGRAMS.—
13

•HR 1175 RH2

1 (1) REPEALS.—(A) Section 208(b) of the

2 National Sea Grant College Program Act

3 (33 U.S.C. 1127(b)) is repealed.

4 (B) Section 3 of the Sea Grant Pro5 gram Improvement Act of 1976 (33 U.S.C.

6 1124a) is repealed.

7 (2) CONFORMING AMENDMENT.—Section

8 209 of the National Sea Grant College

9 Program Act (33 U.S.C. 1128(b)(1)) is

10 amended by striking ‘‘and section 3 of the

11 Sea Grant Program Improvement Act of

12 1976’’.

13 SEC. 2. LIMITATION ON APPROPRIATIONS.

14 Notwithstanding any other provision of

15 law, no funds are authorized to be appro16 priated for any fiscal year after fiscal year

17 1996 for carrying out the programs for which

18 funds are authorized by the amendments

19 made by this Act.

20 SEC. 3. PROHIBITION OF LOBBYING ACTIVITIES.

21 None of the funds authorized by the

22 amendments made by this Act shall be avail23 able for any activity whose purpose is to influ24 ence legislation pending before the Congress.
14

•HR 1175 RH2

1 SEC. 4. ELIGIBILITY FOR AWARDS.

2 (a) IN GENERAL.—The Administrator of the

3 National Oceanic and Atmospheric Adminis4 tration shall exclude from consideration for

5 awards of financial assistance made under

6 the National Sea Grant College Program Act

7 after fiscal year 1995 any person who received

8 funds, other than those described in sub9 section (b), appropriated for a fiscal year after

10 fiscal year 1995, from any Federal funding

11 source for a project that was not subjected to

12 a competitive, merit-based award process.

13 Any exclusion from consideration pursuant to

14 this section shall be effective for a period of

15 5 years after the person receives such Federal

16 funds.

17 (b) EXCEPTION.—Subsection (a) shall not

18 apply to awards to persons who are members

19 of a class specified by law for which assist20 ance is awarded to members of the class ac21 cording to a formula provided by law.