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SECTION 1. SHORT TITLE.

This Act may be cited as the ''National Sea Grant College Program
Reauthorization Act of 1998''.
SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment or repeal to,
or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the National
Sea Grant College Program Act (33 U.S.C. 1121 et seq.).

SEC. 3. FINDINGS.

(a) Section 202(a)(1) (33 U.S.C. 1121(a)(1)) is amended--
(1) by redesignating subparagraphs (D) and (E) as subparagraphs
(E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following:
''(D) encourage the development of forecast and analysis
systems for coastal hazards;''.
(b) Section 202(a)(6) (33 U.S.C. 1121(a)(6)) is amended by striking
the second sentence and inserting the following: ''The most cost-
effective way to promote such activities is through continued and
increased Federal support of the establishment, development, and
operation of programs and projects by sea grant colleges, sea grant
institutes, and other institutions.''.

SEC. 4. DEFINITIONS.

(a) Section 203 (33 U.S.C. 1122) is amended--
(1) in paragraph (3)--
(A) by striking ''their university or'' and inserting ''his
or her''; and
(B) by striking ''college, programs, or regional
consortium'' and inserting ''college or sea grant institute'';
(2) by striking paragraph (4) and inserting the following:
''(4) The term 'field related to ocean, coastal, and Great
Lakes resources' means any discipline or field, including marine
affairs, resource management, technology, education, or science,
which is concerned with or likely to improve the understanding,
assessment, development, utilization, or conservation of ocean,
coastal, or Great Lakes resources.'';
(3) by redesignating paragraphs (5) through (15) as paragraphs
(7) through (17), respectively, and inserting after paragraph (4)
the following:
''(5) The term 'Great Lakes' includes Lake Champlain.
''(6) The term 'institution' means any public or private
institution of higher education, institute, laboratory, or State or
local agency.'';
(4) by striking ''regional consortium, institution of higher
education, institute, or laboratory'' in paragraph (11) (as
redesignated) and inserting ''institute or other institution''; and
(5) by striking paragraphs (12) through (17) (as redesignated)
and inserting after paragraph (11) the following:
''(12) The term 'project' means any individually described
activity in a field related to ocean, coastal, and Great Lakes
resources involving research, education, training, or advisory
services administered by a person with expertise in such a field.
''(13) The term 'sea grant college' means any institution, or
any association or alliance of two or more such institutions,
designated as such by the Secretary under section 207 (33 U.S.C.
1126) of this Act.
''(14) The term 'sea grant institute' means any institution, or
any association or alliance of two or more such institutions,
designated as such by the Secretary under section 207 (33 U.S.C.
1126) of this Act.
''(15) The term 'sea grant program' means a program of research
and outreach which is administered by one or more sea grant
colleges or sea grant institutes.
''(16) The term 'Secretary' means the Secretary of Commerce,
acting through the Under Secretary of Commerce for Oceans and
Atmosphere.
''(17) The term 'State' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Mariana Islands, or any other territory or possession of the United
States.''.
(b) The Act is amended--
(1) in section 209(b) (33 U.S.C. 1128(b)), as amended by this
Act, by striking '', the Under Secretary,''; and
(2) by striking ''Under Secretary'' every other place it
appears and inserting ''Secretary''.

SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.

Section 204 (33 U.S.C. 1123) is amended to read as follows:

''SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.

''(a) Program Maintenance.--The Secretary shall maintain within the
Administration a program to be known as the national sea grant college
program. The national sea grant college program shall be administered
by a national sea grant office within the Administration.
''(b) Program Elements.--The national sea grant college program
shall consist of the financial assistance and other activities
authorized in this title, and shall provide support for the following
elements--
''(1) sea grant programs which comprise a national sea grant
college program network, including international projects conducted
within such programs;
''(2) administration of the national sea grant college program
and this title by the national sea grant office, the
Administration, and the panel;
''(3) the fellowship program under section 208; and
''(4) any national strategic investments in fields relating to
ocean, coastal, and Great Lakes resources developed with the
approval of the panel, the sea grant colleges, and the sea grant
institutes.
''(c) Responsibilities of the Secretary.--
''(1) The Secretary, in consultation with the panel, sea grant
colleges, and sea grant institutes, shall develop a long-range
strategic plan which establishes priorities for the national sea
grant college program and which provides an appropriately balanced
response to local, regional, and national needs.
''(2) Within 6 months of the date of enactment of the National
Sea Grant College Program Reauthorization Act of 1998, the
Secretary, in consultation with the panel, sea grant colleges, and
sea grant institutes, shall establish guidelines related to the
activities and responsibilities of sea grant colleges and sea grant
institutes. Such guidelines shall include requirements for the
conduct of merit review by the sea grant colleges and sea grant
institutes of proposals for grants and contracts to be awarded
under section 205, providing, at a minimum, for standardized
documentation of such proposals and peer review of all research
projects.
''(3) The Secretary shall by regulation prescribe the
qualifications required for designation of sea grant colleges and
sea grant institutes under section 207.
''(4) To carry out the provisions of this title, the Secretary
may--
''(A) appoint, assign the duties, transfer, and fix the
compensation of such personnel as may be necessary, in
accordance with civil service laws;
''(B) make appointments with respect to temporary and
intermittent services to the extent authorized by section 3109
of title 5, United States Code;
''(C) publish or arrange for the publication of, and
otherwise disseminate, in cooperation with other offices and
programs in the Administration and without regard to section
501 of title 44, United States Code, any information of
research, educational, training or other value in fields
related to ocean, coastal, or Great Lakes resources;
''(D) enter into contracts, cooperative agreements, and
other transactions without regard to section 5 of title 41,
United States Code;
''(E) notwithstanding section 1342 of title 31, United
States Code, accept donations and voluntary and uncompensated
services;
''(F) accept funds from other Federal departments and
agencies, including agencies within the Administration, to pay
for and add to grants made and contracts entered into by the
Secretary; and
''(G) promulgate such rules and regulations as may be
necessary and appropriate.
''(d) Director of the National Sea Grant College Program.--
''(1) The Secretary shall appoint, as the Director of the
National Sea Grant College Program, a qualified individual who has
appropriate administrative experience and knowledge or expertise in
fields related to ocean, coastal, and Great Lakes resources. The
Director shall be appointed and compensated, without regard to the
provisions of title 5, United States Code, governing appointments
in the competitive service, at a rate payable under section 5376 of
title 5, United States Code.
''(2) Subject to the supervision of the Secretary, the Director
shall administer the national sea grant college program and oversee
the operation of the national sea grant office. In addition to any
other duty prescribed by law or assigned by the Secretary, the
Director shall--
''(A) facilitate and coordinate the development of a long-
range strategic plan under subsection (c)(1);
''(B) advise the Secretary with respect to the expertise
and capabilities which are available within or through the
national sea grant college program and encourage the use of
such expertise and capabilities, on a cooperative or other
basis, by other offices and activities within the
Administration, and other Federal departments and agencies;
''(C) advise the Secretary on the designation of sea grant
colleges and sea grant institutes, and, if appropriate, on the
termination or suspension of any such designation; and
''(D) encourage the establishment and growth of sea grant
programs, and cooperation and coordination with other Federal
activities in fields related to ocean, coastal, and Great Lakes
resources.
''(3) With respect to sea grant colleges and sea grant
institutes, the Director shall--
''(A) evaluate the programs of sea grant colleges and sea
grant institutes, using the priorities, guidelines, and
qualifications established by the Secretary;
''(B) subject to the availability of appropriations,
allocate funding among sea grant colleges and sea grant
institutes so as to--
''(i) promote healthy competition among sea grant
colleges and institutes;
''(ii) encourage successful implementation of sea grant
programs; and
''(iii) to the maximum extent consistent with other
provisions of this Act, provide a stable base of funding
for sea grant colleges and institutes; and
''(C) ensure compliance with the guidelines for merit
review under subsection (c)(2).''.

SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.

Section 3 of the Sea Grant Program Improvement Act of 1976 (33
U.S.C. 1124a) is repealed.

SEC. 7. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.

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

''SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.

''(a) Designation.--
''(1) A sea grant college or sea grant institute shall meet the
following qualifications--
''(A) have an existing broad base of competence in fields
related to ocean, coastal, and Great Lakes resources;
''(B) make a long-term commitment to the objective in
section 202(b), as determined by the Secretary;
''(C) cooperate with other sea grant colleges and
institutes and other persons to solve problems or meet needs
relating to ocean, coastal, and Great Lakes resources;
''(D) have received financial assistance under section 205
of this title (33 U.S.C. 1124);
''(E) be recognized for excellence in fields related to
ocean, coastal, and Great Lakes resources (including marine
resources management and science), as determined by the
Secretary; and
''(F) meet such other qualifications as the Secretary, in
consultation with the panel, considers necessary or
appropriate.
''(2) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as a sea
grant college if the institution, association, or alliance--
''(A) meets the qualifications in paragraph (1); and
''(B) maintains a program of research, advisory services,
training, and education in fields related to ocean, coastal,
and Great Lakes resources.
''(3) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as a sea
grant institute if the institution, association, or alliance--
''(A) meets the qualifications in paragraph (1); and
''(B) maintains a program which includes, at a minimum,
research and advisory services.
''(b) Existing Designees.--Any institution, or association or
alliance of two or more such institutions, designated as a sea grant
college or awarded institutional program status by the Director prior
to the date of enactment of the National Sea Grant College Program
Reauthorization Act of 1998, shall not have to reapply for designation
as a sea grant college or sea grant institute, respectively, after the
date of enactment of the National Sea Grant College Program
Reauthorization Act of 1998, if the Director determines that the
institution, or association or alliance of institutions, meets the
qualifications in subsection (a).
''(c) Suspension or Termination of Designation.--The Secretary may,
for cause and after an opportunity for hearing, suspend or terminate
any designation under subsection (a).
''(d) Duties.--Subject to any regulations prescribed or guidelines
established by the Secretary, it shall be the responsibility of each
sea grant college and sea grant institute--
''(1) to develop and implement, in consultation with the
Secretary and the panel, a program that is consistent with the
guidelines and priorities established under section 204(c); and
''(2) to conduct a merit review of all proposals for grants and
contracts to be awarded under section 205.''.

SEC. 8. SEA GRANT REVIEW PANEL.

(a) Section 209(a) (33 U.S.C. 1128(a)) is amended by striking the
second sentence.
(b) Section 209(b) (33 U.S.C. 1128(b)) is amended--
(1) by striking ''The Panel'' and inserting ''(b) Duties.--The
panel'';
(2) by striking ''and section 3 of the Sea Grant College
Program Improvement Act of 1976'' in paragraph (1); and
(3) by striking ''regional consortia'' in paragraph (3) and
inserting ''institutes''.
(c) Section 209(c) (33 U.S.C. 1128(c)) is amended--
(1) in paragraph (1) by striking ''college, sea grant regional
consortium, or sea grant program'' and inserting ''college or sea
grant institute''; and
(2) by striking paragraph (5)(A) and inserting the following:
''(A) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable under
section 5376 of title 5, United States Code, when actually
engaged in the performance of duties for such panel; and''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) Grants, Contracts, and Fellowships.--Section 212(a) (33 U.S.C.
1131(a)) is amended to read as follows:
''(a) Authorization.--
''(1) In general.--There is authorized to be appropriated to
carry out this Act--
''(A) $56,000,000 for fiscal year 1999;
''(B) $57,000,000 for fiscal year 2000;
''(C) $58,000,000 for fiscal year 2001;
''(D) $59,000,000 for fiscal year 2002; and
''(E) $60,000,000 for fiscal year 2003.
''(2) Zebra mussel and oyster research.--In addition to the
amount authorized for each fiscal year under paragraph (1)--
''(A) up to $2,800,000 may be made available as provided in
section 1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4741(b)(4)(A))
for competitive grants for university research on the zebra
mussel;
''(B) up to $3,000,000 may be made available for
competitive grants for university research on oyster diseases
and oyster-related human health risks; and
''(C) up to $3,000,000 may be made available for
competitive grants for university research on Pfiesteria
piscicida and other harmful algal blooms.''.
(b) Limitation on Certain Funding.--Section 212(b)(1) (33 U.S.C.
1131(b)(1)) is amended to read as follows:
''(b) Program Elements.--
''(1) Limitation.--No more than 5 percent of the lesser of--
''(A) the amount authorized to be appropriated; or
''(B) the amount appropriated,
for each fiscal year under subsection (a) may be used to fund the
program element contained in section 204(b)(2).''.
(c) Notice of Reprogramming.--If any funds authorized by this
section are subject to a reprogramming action that requires notice to
be provided to the Appropriations Committees of the House of
Representatives and the Senate, notice of such action shall
concurrently be provided to the Committees on Science and Resources of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(d) Notice of Reorganization.--The Secretary 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. 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.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
National Sea Grant College Program Reauthorization Act of 1998 - Amends the National Sea Grant College Program Act to add or modify various definitions.
(Sec. 5) Replaces provisions establishing and administering the National Sea Grant College Program with provisions maintaining such a program and setting forth its elements and the Program duties of the Secretary of Commerce.
(Sec. 6) Repeals provisions authorizing grants and contracts regarding specified international activities, including research, education, and technology transfer.
(Sec. 7) Replaces provisions providing for the designation of sea grant colleges and regional consortia with provisions setting forth the criteria for designation as a sea grant college or institute and designee duties.
(Sec. 8) Modifies requirements regarding the sea grant review panel.
(Sec. 9) Authorizes appropriations for carrying out the Act and for competitive grants for university research on: (1) the zebra mussel; (2) oyster diseases and oyster-related human health risks; and (3) Pfiesteria piscicida and other harmful algal blooms. Mandates notice to specified congressional committees before certain reprogramming of funds and major reorganizations.
(Sec. 10) Allows, with respect to any marine resource conservation law or regulation administered by the National Oceanic and Atmospheric Administration (NOAA), all adjudicatory functions that are required by Federal law relating to administrative procedures to be performed by an Administrative Law Judge to be performed by the Coast Guard on a reimbursable basis. Allows the Coast Guard, if it needs the detail of an Administrative Law Judge for such purposes, to request temporary or occasional assistance form the Office of Personnel Management.