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 amend-
ment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
IB
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 consider-
ation 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. MCGOV-
ERN, 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 or-
dered 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Marine Resources Re-
vitalization 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 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) by striking section 203(15) (33 U.S.C.
1122(15));
(B) in section 204(c) (33 U.S.C. 1123(c)),
in the matter preceding paragraph (1), by strik-
ing ‘‘ and the Under Secretary’’;
(C) in section 209(b) (33 U.S.C. 1128(b)),
as amended by this Act, by striking ‘‘, the
Under Secretary,’’; and
(D) 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. 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 sec-
tion 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 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 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;
‘‘(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); and
‘‘(4) meets such other qualifications as the Sec-
retary considers necessary or appropriate.
‘‘(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 of the
date of enactment of the Marine Resources Revital-
ization Act of 1997, the Secretary, after consultation
with the sea grant institutions, shall establish guide-
lines 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 re-
view of all research projects and require standard-
ized documentation of all peer review.’’.
SEC. 9. REPEAL OF POSTDOCTORAL FELLOWSHIP PRO-
GRAM.
Section 208(c) (33 U.S.C. 1127(c)) is repealed.
SEC. 10. 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.—There is authorized to be ap-
propriated to carry out this Act—
‘‘(1) $54,300,000 for fiscal year 1998;
‘‘(2) $55,400,000 for fiscal year 1999; and
‘‘(3) $56,500,000 for fiscal year 2000.’’.
(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. CLERICAL AND CONFORMING 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’’.
(b) 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(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 sec-
tion 5332 of title 5, United States Code’’ and insert-
ing ‘‘the maximum daily rate payable under section
5376 of title 5, United States Code’’.
(3) Section 209 (33 U.S.C. 1128) is amended—
(A) in subsection (b)(3) by striking ‘‘col-
leges and sea grant regional consortia’’ and in-
serting ‘‘institutions’’; and
(B) in subsection (c)(1) in the last sen-
tence in clause (A) by striking ‘‘college, sea
grant regional consortium,’’ and inserting ‘‘in-
stitution’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Sea Grant Col-
lege 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 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 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 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 follow-
ing: ‘‘, 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 subject
to the supervision of the Secretary. In addition to any
other duty prescribed by law or assigned by the Sec-
retary, the Director shall—
‘‘(A) advise the Secretary with respect to the
expertise and capabilities which are available
within or through the National Sea Grant Col-
lege Program, and provide (as directed by the
Secretary) those which are or could be of use to
other offices and activities within the Adminis-
tration;
‘‘(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 coordina-
tion with other Federal programs concerned with
ocean, coastal, and Great Lakes resources con-
servation 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 insti-
tutions under subsection (e), and
‘‘(iii) to the maximum extent consist-
ent with the other provisions of this sub-
paragraph, 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 sec-
tion 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 RE-
GIONAL 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, associa-
tion, or alliance—
‘‘(1) is recognized for scientific excellence;
‘‘(2) is maintaining a balanced program of re-
search, education, training, and advisory services in
fields related to ocean, coastal, and Great Lakes re-
sources;
‘‘(3) 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;
‘‘(4) will act in accordance with such guidelines
as are prescribed under subsection (b)(2); and
‘‘(5) meets such other qualifications as the Sec-
retary, in consultation with the panel established
under section 209, considers necessary or appropriate.
‘‘(b) REGULATIONS AND GUIDELINES.—
‘‘(1) IN GENERAL.—The Secretary shall by regu-
lation 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 re-
view 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 stand-
ardized 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. REPEAL OF FELLOWSHIP PROGRAMS.
Section 208 (33 U.S.C. 1127) is repealed.
SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS.
(a) GRANTS, CONTRACTS, AND FELLOWSHIPS.—Sec-
tion 212(a) (33 U.S.C. 1131(a)) is amended to read as fol-
lows:
‘‘(a) AUTHORIZATION.—There is authorized to be ap-
propriated 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 Pre-
vention 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 amend-
ed 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 insert-
ing 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 pay-
able 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 re-
gional 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 per-
son 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 sub-
jected 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 sub-
section, the term ‘‘grant agreement’’ means a legal in-
strument 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 ac-
quisition (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 co-
operative 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 au-
thorized by section 212(a), as amended by this Act, are sub-
ject 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 Commit-
tee on Commerce, Science, and Transportation of the Sen-
ate.
(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 Col-
lege 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 com-
ply with sections 2 through 4 of the Act of March 3, 1933
(41 U.S.C. 10a-10c, popularly known as the ‘‘Buy Amer-
ican Act’’).
(b) SENSE OF CONGRESS.—In the case of any equip-
ment 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 assist-
ance, purchase only American-made equipment and prod-
ucts.
(c) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro-
viding financial assistance under section 212(a), as amend-
ed by this Act, the Secretary of Commerce shall provide to
each recipient of the assistance a notice describing the state-
ment made in subsection (a) by the Congress.