[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 437 Reported in House (RH)]





                                                  Union Calendar No. 43

105th CONGRESS

  1st Session

                               H. R. 437

                  [Report No. 105-22, Parts I and II]

_______________________________________________________________________

                                 A BILL

  To reauthorize the National Sea Grant College Program Act, and for 
                            other purposes.

_______________________________________________________________________

                             April 21, 1997

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
                                                  Union Calendar No. 43
105th CONGRESS
  1st Session
                                H. R. 437

                  [Report No. 105-22, Parts I and II]

  To reauthorize the National Sea Grant College Program Act, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 1997

Mr. Saxton (for himself, Mr. Young of Alaska, Mr. Abercrombie, and Mr. 
 Farr of California) introduced the following bill; which was referred 
                     to the Committee on Resources

                             March 12, 1997

Reported from the Committee on Resources, referred to the Committee on 
    Science for a period ending not later than April 28, 1997, for 
    consideration of such provisions of the bill as fall within the 
     jurisdiction of that committee pursuant to clause 1(n), rule X

                             April 21, 1997

    Additional sponsors: Mr. Miller of California, Mr. Deutsch, Mr. 
 Pickett, Mr. Pallone, Ms. Rivers, Mr. Manton, Mr. Lazio of New York, 
 Mr. Gilchrest, Mr. Hinchey, Ms. Kaptur, Mr. Delahunt, Mr. Frost, Mr. 
McHugh, Mr. LaFalce, Mrs. Thurman, Mr. Riggs, Mr. Walsh, Mrs. Morella, 
  Mr. Green, Mrs. Mink of Hawaii, Mr. McDermott, Mr. Kennedy of Rhode 
 Island, Mr. Frank of Massachusetts, Mr. Faleomavaega, Mr. Traficant, 
   Mr. Quinn, Mr. Klug, Mrs. Kelly, Mr. Clyburn, Mr. Gejdenson, Mrs. 
 Lowey, Mr. Bateman, Mr. Bilbray, Mr. Goss, Mr. Ehlers, Mr. Franks of 
New Jersey, Mr. Baker, Mr. Horn, Mr. Foley, Mr. Weldon of Pennsylvania, 
 Mr. Canady of Florida, Mr. Kennedy of Massachusetts, Mr. Spence, Ms. 
    Jackson-Lee of Texas, Mrs. Meek of Florida, Mr. LaTourette, Mr. 
    Stearns, Mrs. Fowler, Mr. Boehlert, Mr. Stupak, Mr. Markey, Ms. 
Slaughter, Mr. Forbes, Mr. Hoyer, Mr. Hastings of Florida, Mr. Serrano, 
   Mr. Flake, Mr. Shaw, Mr. Scarborough, Mr. Shays, Mr. Cardin, Mr. 
Spratt, Mr. Metcalf, Mr. McCollum, Mr. McGovern, Mr. Boyd, Mr. Graham, 
 Mr. Bonior, Ms. Stabenow, Mr. Barcia, Mr. Callahan, Mr. Baldacci, Mr. 
  Hilliard, Mr. Inglis of South Carolina, Mr. Evans, Mr. Filner, Mr. 
Wexler, Mr. Cunningham, Mr. Peterson of Pennsylvania, Mr. Dingell, Mr. 
   Brown of California, Mr. Oberstar, Ms. DeLauro, Mr. LoBiondo, Ms. 
Hooley of Oregon, Mr. Fattah, Mr. Weygand, Mr. Dellums, Mr. Gilman, Mr. 
Ackerman, Mr. Weldon of Florida, Mr. Bilirakis, Mr. Capps, Mr. Gillmor, 
 Mr. Castle, Mr. Ortiz, Mr. Calvert, Mr. Kildee, Mr. Sabo, Mr. Jones, 
            Mr. Camp, Mr. Towns, Ms. Pelosi, and Mr. Tauzin

                             April 21, 1997

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 italic]

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the National Sea Grant College Program Act, and for 
                            other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Marine Resources 
Revitalization Act of 1997''.</DELETED>

<DELETED>SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM 
              ACT.</DELETED>

<DELETED>    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.).</DELETED>

<DELETED>SEC. 3. AMENDMENTS TO DEFINITIONS.</DELETED>

<DELETED>    (a) Sea Grant Institution.--Section 203 (33 U.S.C. 1122) 
is amended by adding at the end the following new paragraph:</DELETED>
        <DELETED>    ``(16) The term `sea grant institution' means--
        </DELETED>
                <DELETED>    ``(A) any sea grant college or sea grant 
                regional consortium, and</DELETED>
                <DELETED>    ``(B) any institution of higher education, 
                institute, laboratory, or State or local agency 
                conducting a sea grant program with amounts provided 
                under this Act.''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(4) The term `field related to ocean, coastal, 
        and Great Lakes resources' means any discipline or field which 
        is concerned with or likely to improve the understanding, 
        assessment, development, utilization, or conservation of ocean, 
        coastal, and Great Lakes resources.''.</DELETED>
<DELETED>    (c) Secretary.--</DELETED>
        <DELETED>    (1) In general.--Section 203(13) (33 U.S.C. 
        1122(13)) is amended to read as follows:</DELETED>
        <DELETED>    ``(13) The term `Secretary' means the Secretary of 
        Commerce, acting through the Under Secretary of Commerce for 
        Oceans and Atmosphere.''.</DELETED>
        <DELETED>    (2) Conforming amendments.--The Act is amended--
        </DELETED>
                <DELETED>    (A) by striking section 203(15) (33 U.S.C. 
                1122(15));</DELETED>
                <DELETED>    (B) in section 204(c) (33 U.S.C. 1123(c)), 
                in the matter preceding paragraph (1), by striking `` 
                and the Under Secretary'';</DELETED>
                <DELETED>    (C) in section 209(b) (33 U.S.C. 1128(b)), 
                as amended by this Act, by striking ``, the Under 
                Secretary,''; and</DELETED>
                <DELETED>    (D) by striking ``Under Secretary'' every 
                other place it appears and inserting 
                ``Secretary''.</DELETED>

<DELETED>SEC. 4. CONSULTATIONS REGARDING LONG-RANGE PLANNING GUIDELINES 
              AND PRIORITIES AND EVALUATION.</DELETED>

<DELETED>    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,''.</DELETED>

<DELETED>SEC. 5. DUTIES OF DIRECTOR.</DELETED>

<DELETED>    Section 204(c) (33 U.S.C. 1123(c)) is amended to read as 
follows:</DELETED>
<DELETED>    ``(c) Duties of Director.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) encourage cooperation and 
                coordination with other Federal programs concerned with 
                ocean, coastal, and Great Lakes resources conservation 
                and usage;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(E) encourage the formation and growth 
                of sea grant programs; and</DELETED>
                <DELETED>    ``(F) oversee the operation of the 
                National Sea Grant Office established under subsection 
                (a).</DELETED>
        <DELETED>    ``(2) Duties with respect to sea grant 
        institutions.--With respect to the sea grant institutions, the 
        Director shall--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) subject to the availability of 
                appropriations, allocate funding among the sea grant 
                institutions so as to--</DELETED>
                        <DELETED>    ``(i) promote healthy competition 
                        among those institutions,</DELETED>
                        <DELETED>    ``(ii) promote successful 
                        implementation of the programs developed by the 
                        institutions under subsection (e), 
                        and</DELETED>
                        <DELETED>    ``(iii) to the maximum extent 
                        consistent with the other provisions of this 
                        subparagraph, provide a stable base of funding 
                        for the institutions; and</DELETED>
                <DELETED>    ``(C) ensure compliance by the 
                institutions with the guidelines for merit review 
                published pursuant to section 207(b)(2).''.</DELETED>

<DELETED>SEC. 6. DUTIES OF SEA GRANT INSTITUTIONS.</DELETED>

<DELETED>    Section 204 (33 U.S.C. 1123) is amended by adding at the 
end the following new subsection:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) conduct merit review of all applications for 
        project grants or contracts to be awarded under section 
        205.''.</DELETED>

<DELETED>SEC. 7. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.</DELETED>

<DELETED>    (a) Repeal.--Section 3 of the Sea Grant Program 
Improvement Act of 1976 (33 U.S.C. 1124a) is repealed.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 8. DESIGNATION OF SEA GRANT INSTITUTIONS.</DELETED>

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

<DELETED>``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL 
              CONSORTIA.</DELETED>

<DELETED>    ``(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, association, or alliance--</DELETED>
        <DELETED>    ``(1) 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 Act or 
        under section 204(c) of the National Sea Grant College and 
        Program Act of 1966;</DELETED>
        <DELETED>    ``(2) will cooperate with other sea grant 
        institutions and other persons to solve problems or meet needs 
        relating to ocean, coastal, and Great Lakes 
        resources;</DELETED>
        <DELETED>    ``(3) will act in accordance with such guidelines 
        as are prescribed under subsection (b)(2); and</DELETED>
        <DELETED>    ``(4) meets such other qualifications as the 
        Secretary considers necessary or appropriate.</DELETED>
<DELETED>    ``(b) Regulations and Guidelines.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall by 
        regulation prescribe the qualifications required to be met 
        under subsection (a)(4).</DELETED>
        <DELETED>    ``(2) Merit review.--Within 6 months of the date 
        of enactment of the Marine Resources Revitalization 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.''.</DELETED>

<DELETED>SEC. 9. REPEAL OF POSTDOCTORAL FELLOWSHIP PROGRAM.</DELETED>

<DELETED>    Section 208(c) (33 U.S.C. 1127(c)) is repealed.</DELETED>

<DELETED>SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Grants, Contracts, and Fellowships.--Section 212(a) 
(33 U.S.C. 1131(a)) is amended to read as follows:</DELETED>
<DELETED>    ``(a) Authorization.--There is authorized to be 
appropriated to carry out this Act--</DELETED>
        <DELETED>    ``(1) $54,300,000 for fiscal year 1998;</DELETED>
        <DELETED>    ``(2) $55,400,000 for fiscal year 1999; 
        and</DELETED>
        <DELETED>    ``(3) $56,500,000 for fiscal year 
        2000.''.</DELETED>
<DELETED>    (b) Administration.--Section 212(b) (33 U.S.C. 1131(b)) is 
amended--</DELETED>
        <DELETED>    (1) by striking so much as precedes paragraph (2) 
        and inserting the following:</DELETED>
<DELETED>    ``(b) Administration.--</DELETED>
        <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) by striking ``subsections (a) and 
                (c)'' and inserting ``subsection (a)''; and</DELETED>
                <DELETED>    (B) by striking ``(2)'' and inserting 
                ``(2) Limitation on use of other amounts.--''; 
                and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 11. CLERICAL AND CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Clerical Amendments.--</DELETED>
        <DELETED>    (1) Section 203(3) (33 U.S.C. 1122(3)) is amended 
        by striking ``the term'' and inserting ``The term''.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) The heading for section 204 (33 U.S.C. 1124) 
        is amended to read as follows:</DELETED>

<DELETED>``SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.''.</DELETED>

        <DELETED>    (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''.</DELETED>
        <DELETED>    (5) Section 205(b)(3) (33 U.S.C. 1124(b)(3)) is 
        amended by striking ``or section 206''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (2) 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 of title 5, United States 
        Code'' and inserting ``the maximum daily rate payable under 
        section 5376 of title 5, United States Code''.</DELETED>
        <DELETED>    (3) Section 209 (33 U.S.C. 1128) is amended--
        </DELETED>
                <DELETED>    (A) in subsection (b)(3) by striking 
                ``colleges and sea grant regional consortia'' and 
                inserting ``institutions''; and</DELETED>
                <DELETED>    (B) in subsection (c)(1) in the last 
                sentence in clause (A) by striking ``college, sea grant 
                regional consortium,'' and inserting 
                ``institution''.</DELETED>

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.