105TH CONGRESS
1ST SESSION
H. R. 437
AN ACT
To reauthorize the National Sea Grant College
Program Act, and for other purposes.
105TH CONGRESS
1ST SESSION
H. R. 437
AN ACT
To reauthorize the National Sea Grant College Program
Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 provi-
sion, the reference shall be considered to be made to a
section or other provision of the National Sea Grant Col-
lege Program Act (33 U.S.C. 1121 et seq.).
SEC. 3. AMENDMENTS TO DEFINITIONS.
(a) SEA GRANT INSTITUTION.—Section 203 (33
U.S.C. 1122) is amended by adding at the end the follow-
ing new paragraph:
‘‘(16) The term ‘sea grant institution’ means—
‘‘(A) any sea grant college or sea grant re-
gional consortium, and
‘‘(B) any institution of higher education,
institute, laboratory, or State or local agency
conducting a sea grant program with amounts
provided under this Act.’’.
(b) FIELD RELATED
TO OCEAN, COASTAL, AND
GREAT LAKES RESOURCES.—Section 203(4) (33 U.S.C.
1122(4)) is amended to read as follows:
‘‘(4) The term ‘field related to ocean, coastal,
and Great Lakes resources’ means any discipline or
field, including marine affairs, resource manage-
ment, technology, education, or science, which is
concerned with or likely to improve the understand-
ing, assessment, development, utilization, or con-
servation of ocean, coastal, and Great Lakes re-
sources.’’.
(c) SECRETARY.—
(1) IN GENERAL.—Section 203(13) (33 U.S.C.
1122(13)) is amended to read as follows:
‘‘(13) The term ‘Secretary’ means the Secretary
of Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere.’’.
(2) CONFORMING
AMENDMENTS.—The Act is
amended—
(A) by striking section 203(15) (33 U.S.C.
1122(15));
(B) in section 209(b) (33 U.S.C. 1128(b)),
as amended by this Act, by striking ‘‘, the
Under Secretary,’’; and
(C) by striking ‘‘Under Secretary’’ every
other place it appears and inserting ‘‘Sec-
retary’’.
SEC. 4. CONSULTATIONS REGARDING LONG-RANGE PLAN-
NING 
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 admin-
ister the National Sea Grant College Program sub-
ject 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 avail-
able 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 Ad-
ministration;
‘‘(B) encourage other Federal depart-
ments, agencies, and instrumentalities to use
and take advantage of the expertise and capa-
bilities which are available through the National
Sea Grant College Program, on a cooperative or
other basis;
‘‘(C) encourage cooperation and coordina-
tion with other Federal programs concerned
with ocean, coastal, and Great Lakes resources
conservation and usage;
‘‘(D) advise the Secretary on the designa-
tion of sea grant institutions and, in appro-
priate cases, if any, on the termination or sus-
pension 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 IN-
STITUTIONS.—With respect to the sea grant institu-
tions, the Director shall—
‘‘(A) evaluate the programs of the institu-
tions, using the guidelines and priorities estab-
lished 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 appro-
priations, allocate funding among the sea grant
institutions so as to—
‘‘(i) 
promote 
healthy 
competition
among those institutions,
‘‘(ii) promote successful implementa-
tion of the programs developed by the in-
stitutions under subsection (e), and
‘‘(iii) to the maximum extent consist-
ent with the other provisions of this sub-
paragraph, provide a stable base of fund-
ing for the institutions; and
‘‘(C) ensure compliance by the institutions
with the guidelines for merit review published
pursuant to section 207(b)(2).’’.
SEC. 6. DUTIES OF SEA GRANT INSTITUTIONS.
Section 204 (33 U.S.C. 1123) is amended by adding
at the end the following new subsection:
‘‘(e) DUTIES OF THE SEA GRANT INSTITUTIONS.—
Subject to any regulations or guidelines promulgated by
the Secretary, it shall be the responsibility of each sea
grant institution to—
‘‘(1) develop and implement, in consultation
with the Secretary and the panel established under
section 209, a program that is consistent with the
guidelines and priorities developed under section
204(a); and
‘‘(2) conduct merit review of all applications for
project grants or contracts to be awarded under sec-
tion 205.’’.
SEC. 7. SEA GRANT INTERNATIONAL PROGRAM.
(a) AMENDMENT.—Section 3(a) of the Sea Grant
Program Improvement Act of 1976 (33 U.S.C. 1124a(a))
is amended in paragraph (6), by striking ‘‘living marine
resources’’ and all that follows through the end of the
paragraph and inserting ‘‘living marine resources.’’.
(b) PROGRAM SUNSET.—
(1) REPEAL.—Section 3 of the Sea Grant Pro-
gram Improvement Act of 1976 (33 U.S.C. 1124a)
is repealed.
(2) 
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’’.
(3) EFFECTIVE
DATE.—This subsection shall
take effect October 1, 2000.
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 RE-
GIONAL CONSORTIA.
‘‘(a) DESIGNATION.—The Secretary may designate
an institution of higher learning as a sea grant college,
and an association or alliance of two or more persons as
a sea grant regional consortium, if the institution, associa-
tion, or alliance—
‘‘(1) is maintaining a balanced program of re-
search, education, training, and advisory services in
fields related to ocean, coastal, and Great Lakes re-
sources;
‘‘(2) will cooperate with other sea grant institu-
tions and other persons to solve problems or meet
needs relating to ocean, coastal, and Great Lakes re-
sources;
‘‘(3) will act in accordance with such guidelines
as are prescribed under subsection (b)(2);
‘‘(4) meets such other qualifications as the Sec-
retary, in consultation with the sea grant review
panel established under section 209, considers nec-
essary or appropriate; and
‘‘(5) is recognized for excellence in marine re-
sources development and science.
‘‘(b) REGULATIONS AND GUIDELINES.—
‘‘(1) IN GENERAL.—The Secretary shall by reg-
ulation prescribe the qualifications required to be
met under subsection (a)(4).
‘‘(2) MERIT REVIEW.—Within 6 months after
the date of enactment of the National Sea Grant
College Program Reauthorization Act of 1997, the
Secretary, after consultation with the sea grant in-
stitutions, 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 DESIGNA-
TION.—The Secretary may, for cause and after an oppor-
tunity for hearing, suspend or terminate any designation
under subsection (a).’’.
SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS.
(a) GRANTS, CONTRACTS, AND FELLOWSHIPS.—Sec-
tion 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) $55,300,000 for fiscal year 1998;
‘‘(B) $56,400,000 for fiscal year 1999; and
‘‘(C) $57,500,000 for fiscal year 2000.
‘‘(2) ZEBRA MUSSEL AND OYSTER RESEARCH.—
Of the amount authorized for a fiscal year under
paragraph (1)—
‘‘(A) up to $2,800,000 of the amount may
be made available as provided in section
1301(b)(4)(A) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990
(16 U.S.C. 4741(b)(4)(A)) for competitive
grants for university research on the zebra
mussel; and
‘‘(B) up to $3,000,000 of the amount may
be made available for competitive grants for
university research on oyster diseases and oys-
ter-related human health risks.’’.
(b) ADMINISTRATION.—Section 212(b) (33 U.S.C.
1131(b)) is amended—
(1) by striking so much as precedes paragraph
(2) and inserting the following:
‘‘(b) ADMINISTRATION.—
‘‘(1) LIMITATION.—Of the amount appropriated
for each fiscal year under subsection (a), an amount,
not exceeding 5 percent of the lesser of the amount
authorized under subsection (a) for the fiscal year or
the amount appropriated under subsection (a) for
the fiscal year, may be used for the administration
of this Act, including section 209, by the National
Sea Grant Office and the Administration.’’;
(2) in paragraph (2)—
(A) by striking ‘‘subsections (a) and (c)’’
and inserting ‘‘subsection (a)’’; and
(B) by striking ‘‘(2)’’ and inserting ‘‘(2)
LIMITATION ON USE OF OTHER AMOUNTS.—’’;
and
(3) by moving paragraph (2) 2 ems to the
right, so that the left margin of paragraph (2) is
aligned with the left margin of paragraph (1), as
amended by paragraph (1) of this subsection.
(c) REPEAL.—Section 212 (33 U.S.C. 1131) is
amended by repealing subsection (c) and redesignating
subsections (d) and (e) in order as subsections (c) and
(d).
(d) PROHIBITION ON LOBBYING; NOTICE OF RE-
PROGRAMMING OR REORGANIZATION.—Section 212 (33
U.S.C. 1131), as amended by subsection (c) of this sec-
tion, is further amended by adding at the end the follow-
ing:
‘‘(e) PROHIBITION OF LOBBYING ACTIVITIES.—None
of the funds authorized by this section shall be available
for any activity whose purpose is to influence legislation
pending before the Congress, except that this subsection
shall not prevent officers or employees of the United
States or of its departments or agencies from communicat-
ing to Members of Congress on the request of any Member
or to Congress, through the proper channels, requests for
legislation or appropriations which they deem necessary
for the efficient conduct of the public business.
‘‘(f) NOTICE OF REPROGRAMMING.—If any funds au-
thorized by this section are subject to a reprogramming
action that requires notice to be provided to the Appro-
priations Committees of the House of Representatives and
the Senate, notice of such action shall concurrently be pro-
vided to the Committees on Science and Resources of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate.
‘‘(g) NOTICE OF REORGANIZATION.—The Secretary
shall provide notice to the Committees on Science, Re-
sources, and Appropriations of the House of Representa-
tives, and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate, not
later than 15 days before any major reorganization of any
program, project, or activity of the National Sea Grant
College Program.’’.
SEC. 
10. 
CLERICAL, 
CONFORMING, 
AND 
TECHNICAL
AMENDMENTS.
(a) CLERICAL AMENDMENTS.—
(1) Section 203(3) (33 U.S.C. 1122(3)) is
amended by striking ‘‘the term’’ and inserting ‘‘The
term’’.
(2) Section 203(6) (33 U.S.C. 1122(6)) is
amended by moving subparagraph (F) 2 ems to the
right, so that the left margin of subparagraph (F)
is aligned with the left margin of subparagraph (E).
(3) The heading for section 204 (33 U.S.C.
1124) is amended to read as follows:
‘‘SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.’’.
(4) Section 209 (33 U.S.C. 1128) is amended
by striking all of the matter that follows the first
full sentence through ‘‘shall advise’’, and inserting
‘‘(b) DUTIES.—The panel shall advise’’.
(5) Section 205(b)(3) (33 U.S.C. 1124(b)(3)) is
amended by striking ‘‘or section 206’’.
(6) Section 204(d)(1) (33 U.S.C. 1123(d)(1)) is
amended—
(A) by striking ‘‘five positions’’ and insert-
ing ‘‘one position’’; and