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104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-123
_______________________________________________________________________


 
              MARINE RESOURCES REVITALIZATION ACT OF 1995

_______________________________________________________________________


  May 16, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1175]

      [Including cost estimate of the Congressional Budget Office]
  The Committee on Resources, to whom was referred the bill 
(H.R. 1175) to amend Public Law 89-454 to provide for the 
reauthorization of appropriations, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:
SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Marine Resources Revitalization Act of 
1995''.

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) Field Related to Ocean, Coastal, and Great Lakes Resources.--
Section 203(4) (33 U.S.C. 1122(4)) is amended--
          (1) by inserting ``marine biotechnology,'' after ``marine 
        technology,''; and
          (2) by inserting ``shellfish disease studies,'' after 
        ``marine affairs and resource management,''.
  (b) Sea Grant Institution.--Section 203 (33 U.S.C. 1122) is amended 
by adding at the end the following new paragraph:
          ``(16) The term `sea grant institution' means a sea grant 
        college or a sea grant regional consortium.''.

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 and the Under Secretary. In addition to any other 
        duty prescribed by law or assigned by the Secretary, the 
        Director shall--
                  ``(A) advise the Under 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 Under 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 achievement of the goals 
                        established 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, in consultation with the Secretary and the 
        panel established under section 209, goals for its program that 
        are consistent with the guidelines and priorities developed 
        under section 204(a);
          ``(2) conduct merit review of all applications for project 
        grants or contracts to be awarded under section 205; and
          ``(3) demonstrate significant progress toward the goals 
        established under this section.''.
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) 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--
          ``(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;
          ``(2) will encourage and follow a regional approach to 
        solving problems or meeting needs relating to ocean, coastal, 
        and Great Lakes resources, in cooperation with appropriate sea 
        grant colleges, sea grant programs, and other persons in the 
        region;
          ``(3) will act in accordance with such guidelines as are 
        prescribed under subsection (b)(2); and
          ``(4) meets such other qualifications as the Secretary 
        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)(4).
          ``(2) Merit review.--Within 6 months of the date of enactment 
        of the Marine Resources Revitalization Act of 1995, the 
        Secretary, after consultation with the sea grant institutions, 
        shall publish in the Federal Register guidelines for the 
        conduct of merit review by the sea grant institutions of 
        applications for project grants and contracts to be awarded 
        under section 205. The guidelines shall, at a minimum, provide 
        for mail review of all applications for grants or contracts and 
        require standardized documentation of all peer review.''.

SEC. 9. REPEAL OF POSTDOCTORAL FELLOWSHIP PROGRAM.

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

SEC. 10. AMENDMENTS RELATING TO SEA GRANT REVIEW PANEL.

  Section 209 (33 U.S.C. 1128) is amended--
          (1) in subsection (a) by striking the second sentence; and
          (2) in subsection (c)(6) by striking ``a biannual'' and 
        inserting ``an annual''.

SEC. 11. AUTHORIZATIONS OF APPROPRIATIONS.

  (a) Grants, Contracts, and Fellowships.--Section 212(a) (33 U.S.C. 
1131(a)) is amended to read as follows:
  ``(a) Grants, Contracts, and Fellowships.--There is authorized to be 
appropriated to carry out sections 205 and 208--
          ``(1) $50,600,000 for fiscal year 1996;
          ``(2) $52,500,000 for fiscal year 1997; and
          ``(3) $54,500,000 for fiscal year 1998.''.
  (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) Authorization.--There is authorized to be appropriated 
        for administration of this Act, including section 209, by the 
        National Sea Grant Office and the Administration--
                  ``(A) $2,700,000 for fiscal year 1996;
                  ``(B) $2,000,000 for fiscal year 1997; and
                  ``(C) $1,500,000 for fiscal year 1998.'';
          (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. 12. CLERICAL AND CONFORMING AMENDMENTS.

  (a) Clerical Amendment.--Section 209, as amended by section 10(1) of 
this Act, (33 U.S.C. 1128(b)) 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''.
  (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 section 5332 of title 5, United States Code'' and 
        inserting ``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 ``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''.
                          Purpose of the Bill

    The purpose of H.R. 1175 is to reauthorize the National Sea 
Grant College Program for Fiscal Year 1996, 1997, and 1998, and 
to make certain improvements in the operation of the program.

                  Background and Need for Legislation

    The National Sea Grant College Act (33 U.S.C. 1121-1131) 
was passed in 1966 to improve marine resource conservation, 
management, and utilization. The program is patterned after the 
Land Grant College Program, which was created in 1862.
    Originally assigned to the National Science Foundation 
(NSF), Sea Grant was transferred to the National Oceanic and 
Atmospheric Administration (NOAA) when that agency was 
established in 1970 as part of the Department of Commerce. 
Currently, there are 26 Sea Grant Colleges and three smaller 
institutional programs that manage a network of over 300 
universities and affiliated institutions. Some Sea Grant 
Colleges are consortia of several colleges and universities, 
rather than a single institution.
    To be designated a Sea Grant College or approved as a 
institutional program, an institution or consortium of 
institutions must demonstrate a record of superior performance 
in marine resource programs for a minimum of three years. 
Designated programs received priority in obtaining Federal 
grants for up to two-thirds of the total cost of a project. At 
least one-third of the cost of projects must come from non-
Federal matching funds.
    Since its creation, the National Sea Grant College program 
has funded a number of valuable and noteworthy projects, 
including the following:
          Virginia Sea Grant has worked with the scallop 
        processing industry to determine the water retention 
        rate for scallops in the wild. This will lead to an 
        improved regulatory regime for processed scallops, and 
        a better product for the seafood consumer;
          South Carolina Sea Grant has worked with the 
        insurance industry to improve coastal planning efforts 
        to decrease storm property losses in coastal areas;
          Several Sea Grant programs have developed improved 
        low-cost aquaculture techniques that have proved vital 
        to developing new industries. These include soft-shell 
        crab shedding techniques and improved water 
        recirculating techniques for hybrid striped bass;
          Michigan Sea Grant wrote and published a book on risk 
        assessment. This book was designed for a wide non-
        scientific audience so that readers could better 
        determine the relative risks of actions they would need 
        to evaluate;
          Sea Grant organized the first systematic effort in 
        the United States to discover and develop new products 
        from marine organisms. This effort has led to the 
        discovery of more than 1,000 compounds and the awarding 
        of 14 new patents to date;
          Sea Grant research showed that proteins from oyster 
        shells have numerous potential commercial applications. 
        This work has led to several patents and the formation 
        of two independent corporations;
          Sea Grant created the comprehensive database on Great 
        Lakes contaminants and the scientific expertise 
        necessary for developing the first complete input-
        output model of a toxic industrial chemical in an 
        aquatic ecosystem. The study has already saved one 
        State $480 million in cleanup costs, and the model may 
        ultimately save other Great Lakes and coastal States 
        billions of dollars;
          Sea Grant's research on lifesaving techniques, 
        initially focused on the fishing industry, has led to 
        the creation of new methods for saving cold-water 
        drowning victims that are estimated to save 
        approximately 100 lives each year. Cases using the Sea 
        Grant-developed lifesaving methods have received major 
        national publicity; and
          A wave-powered, reverse-osmosis pump created with Sea 
        Grant support removes salt from seawater at 
        significantly lower costs to public utilities than was 
        possible with previous technology.
    The Sea Grant ``core'' program includes research, 
education, and advisory services. Research funding is devoted 
to the development of marine and freshwater resources, related 
technology, environmental studies, and socioeconomic and legal 
research. Authorization for the core program expires on 
September 30, 1995.
    The education aspect of Sea Grant involves the development 
and strengthening of training programs for marine scientists 
and technicians as well as education in aquatic sciences for 
elementary through high school students. There is also a 
fellows program that brings graduate students in a variety of 
marine disciplines to Washington, D.C. to work for a year in 
Congress or with an appropriate Federal agency. A postdoctoral 
fellowship program is also authorized in the law but has never 
been funded.
    Marine advisory programs include informal education for the 
general public, technical advice and instruction in marine-
related topics, dissemination of research findings to user 
groups, and identification and communication of local needs and 
problems to Sea Grant program managers and researchers.
    The law also authorizes a Sea Grant Review Panel. This 
panel is made up of 15 members who have marine science 
backgrounds or have knowledge and experience in the fields in 
which Sea Grant works. The Panel advises the Secretary of 
Commerce on matters relating to Sea Grant.
    An international program is also authorized by law, but has 
never been funded.
    In addition to the core program, priority oyster disease 
research has been separately authorized under the Act since 
1990. Authorization for that program expires on September 30, 
1995. This program was funded by the National Marine Fisheries 
Service until Fiscal Year 1995 when it was transferred to Sea 
Grant. Funding for zebra mussel research has also been 
administered by Sea Grant under an authorization contained in a 
separate statute.
    Sea Grant was funded at $49 million in Fiscal Year 1995. Of 
that base funding, $2.9 million went for administration of the 
national program. In addition to that base funding, oyster 
disease research was funded at $1.5 million and zebra mussel 
research at $2.8 million. Sea Grant received no significant 
increases in funding during the 1980's. If corrected for 
inflation, its funding would have to be substantially increased 
to restore the program's 1981 purchasing power.
    In 1994, the National Research Council's Ocean Studies 
Board conducted a review of the Sea Grant program at the 
request of NOAA. The review's recommendations included:
          giving Sea Grant a higher profile within the agency;
          developing a strategic plan that complements NOAA's 
        strategic plan;
          better defining the roles of the National Sea Grant 
        Office, the State programs, and the Sea Grant Review 
        Panel;
          streamlining the proposal review and program 
        evaluation processes;
          more effectively creating and using Sea Grant-
        industry alliances; and
          increasing Sea Grant funding significantly.

                            Committee Action

    H.R. 1175 was introduced on March 8, 1995, by Chairman Don 
Young. The bill was referred to the Committee on Resources, and 
within the Committee it was referred to the Subcommittee on 
Fisheries, Wildlife and Oceans. On March 23, 1995, the 
Subcommittee held a hearing on H.R. 1175, at which testimony 
was received from NOAA, the National Research Council, the Sea 
Grant Review Panel, the Sea Grant Association, and individuals 
who have participated in Sea Grant projects.
    In his testimony, Dr. Ned Ostenso, Assistant Administrator 
for Oceans and Atmosphere, NOAA, testified that ``NOAA strongly 
supports the Sea Grant program. It has made major contributions 
to the Nation's ocean, coastal, and marine resources interests 
throughout its 29 year history.''
    Dr. Arthur Nowell, the Chairman of the Sea Grant Review 
Committee of the National Research Council, stated that ``Sea 
Grant has been a major contributor for the fields of marine 
aquaculture, coastal and estuarine research, marine fisheries 
management, seafood safety, marine biotechnology, marine 
engineering, and marine technology and has been virtually the 
only source of funding in the United States for activities in 
marine policy.''
    Finally, Dr. Grace Wever testified on behalf of the 
National Sea Grant College Review Panel and said that ``the Sea 
Grant College program is contributing very significantly to the 
creation of economic opportunity in the wise use of marine and 
coastal resources by developing essential basic knowledge and 
transferring it to those who require it.''
    On March 30, 1995, the Subcommittee on Fisheries, Wildlife 
and Oceans met to mark up H.R. 1175. At that time, Congressman 
Jim Saxton offered an amendment in the nature of a substitute 
for H.R. 1175. This amendment reauthorizes the Sea Grant 
program through FY 1998; halves the program's administrative 
funding over three years; clarifies the responsibilities of the 
State and National programs and streamlines the grant process; 
repeals the separate authorization for oyster disease research; 
includes marine biotechnology and shellfish disease studies in 
the fields of qualified Sea Grant research; and repeals the 
never-funded postdoctoral fellowship and international 
programs. This amendment was adopted by voice vote. The bill as 
amended was then approved by voice vote and ordered favorably 
reported to the Full Committee.
    On April 5, 1995, the Full Committee on Resources met to 
consider H.R. 1175, Congressman Jim Saxton offered an amendment 
to define ``Sea Grant institution'' that was adopted by voice 
vote. No other amendments where offered and the bill as amended 
was then ordered favorably reported to the House of 
Representatives, by voice vote in the presence of a quorum.

                      Section-by-Section Analysis

Section 1. Short Title

    Section 1 states that the bill may be cited as the ``Marine 
Resources Revitalization Act of 1995''.

Section 2. Amendment of National Sea Grant College Program Act

    Section 2 clarifies that amendments in H.R. 1175 are to the 
National Sea Grant College Program Act.

Section 3. Amendments to Definitions

    Subsection (a) adds marine biotechnology and shellfish 
disease studies to the list of fields related to ocean, 
coastal, and Great Lakes resources. Both of these areas have 
been funded by Sea Grant in the past.
    Because of devastating oyster diseases such as 
Haplosporidium (MSX), Perkinsus (Dermo), and juvenile oyster 
disease, the oyster harvest along the Mid-Atlantic Coast and in 
the Chesapeake Bay is less than ten percent of that available a 
decade ago. There has also been a damaging loss of oyster reef 
habitat in this area. Reefs are essential to support large 
communities of oysters. Because oysters feed by filtering large 
amounts of single-celled marine plants, known as phytoplankton, 
from the water, large oyster communities help clean coastal 
waters.
    In the past, Sea Grant oyster disease research has focused 
on the diseases that have ravaged Mid-Atlantic oyster disease 
populations, but other projects have been considered if they 
appeared likely to improve our generic ability to combat oyster 
disease. It is the Committee's intention that the shellfish 
disease studies continue to be focused primarily on oyster 
diseases having the greatest ecological and economic impact.
    Subsection (b) also adds a definition of ``sea grant 
institution''.

Section 4. Consultations Regarding Long-Range Planning Guidelines and 
        Priorities and Evaluations

    Section 4 requires the Secretary to consult with the Sea 
Grant colleges and the Sea Grant Review Panel when setting 
long-range planning guidelines and priorities. In its review of 
Sea Grant, the Ocean Studies Board concluded that State 
programs and NOAA should better integrate their ``endeavors and 
priorities''.
    The Committee agrees with this finding. Therefore, to 
encourage greater cooperation within the Sea Grant community, 
the Committee has included bill language requiring the 
Secretary of Commerce to consult with the Sea Grant 
institutions and the National Sea Grant Review Panel in setting 
long-range goals and priorities. It is hoped that improved 
consultation during preparation of long-range plans will lead 
to greater agreement on long-range goals and reduce duplication 
of effort.
    The Committee understands that NOAA has recently taken 
significant steps to improve the strategic planning process for 
Sea Grant. This amendment is intended to build on that 
progress.

Section 5. Duties of the Director

    Section 5 clarifies that the duties of the Director of the 
National Sea Grant Office are to evaluate each Sea Grant 
institution's program, not review each project proposal, and to 
attempt to provide a stable base of funding for each State 
program within the limitations of competition and 
appropriations.
    This section also places primary responsibility for merit 
review, including peer review, with the Sea Grant institutions.
    The National Research Council report recommends that 
standard scientific and peer review procedures should be 
established for all Sea Grant institutions to use when 
reviewing project proposals. The Committee supports this 
recommendation. Standard procedures would allow the National 
Sea Grant Office to review institution's programs and not spend 
limited resources reviewing individual project proposals. This 
should address the Council's concerns over overlapping roles 
and responsibilities of the Director and the institutions.
    These changes are not intended to affect the Department of 
Commerce's responsibility for the financial administration of 
grants and contracts. The Department should focus its oversight 
on whether the Sea Grant institutions are carrying out their 
programs in accordance with departmental guidelines and the 
plans developed in conjunction with the Director. The 
Department can and should review an individual project if there 
is reason to question whether the project is feasible, 
scientifically valid, or deserving of Federal funding for some 
other legitimate reason. However, if the State program complies 
with the plan developed in consultation with the Director and 
the peer review guidelines established in Section 8, then few 
individual projects should need to be re-reviewed by the 
Director.

Section 6. Duties of Sea Grant Institutions

    Section 6 outlines the responsibilities of Sea Grant 
institutions. In consultation with the Director, Sea Grant 
directors shall develop goals for their programs that are 
consistent with the long-range planning guidelines and 
priorities established for the program under Section 204(A). 
The joint efforts of the Secretary and the institutions to 
develop long-range planning guidelines and institutional goals 
are intended to lead to greater coordination and cooperation 
between the Director and the institutions.
    The institutions must also conduct merit review of all 
project proposals. Conduct of adequate peer review under the 
guidelines established under Section 9 of this bill is intended 
to standardize the peer review process. This should reduce 
duplication of effort between the Director and the 
institutions, and should lead to a streamlined project review 
process that saves time and money.

Section 7. Repeal of Sea Grant International Program

    Section 7 repeals this program which has never been funded.

Section 8. Designation of Sea Grant Institutions

    Section 8 consolidates the requirements for the designation 
of Sea Grant colleges and regional consortia, and requires the 
Secretary to establish guidelines for peer review of project 
applications. These standard guidelines are intended to improve 
the efficiency and consistency of the review process. A 
standardized review process will reduce the need for 
duplicative, time-consuming additional review of the context of 
projects by the Director and will result in more comparable 
proposal review among the Sea Grant institutions. This section 
address the National Research Council finding that the Sea 
Grant review process for research proposals is slow compared to 
other agencies and is not standardized at the State level.

Section 9. Repeal of Postdoctoral Fellowship Program
    Section 9 repeals this program which has never been funded.

Section 10. Amendments Relating to Sea Grant Review Panel

    Section 10 makes a technical correction and also changes 
the mandatory advisory panel meetings from twice a year to once 
a year. The panel can still meet at other times at its 
discretion.

Section 11. Authorization of Appropriations

    Section 11 reauthorizes Sea Grant at $53.3 million for 
Fiscal Year 1996 (the Fiscal Year 1995 appropriated level), at 
$54.5 million in Fiscal Year 1997, and at $55 million in Fiscal 
Year 1998; halves the administrative spending cap over three 
years; and repeals the separate authorization for oyster 
disease research. The Committee intends that standardization of 
peer review and streamlining the grant process will allow the 
program to be administered at lower cost.

Section 12. Clerical and Conforming Amendments

    Section 12 makes several clerical and conforming changes to 
the Act.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1175 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1175. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1175 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1175.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1175 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate
                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 26, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1175, the Marine 
Resources Revitalization Act of 1995.
    Enactment of H.R. 1175 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

               Congressional Budget Office Cost Estimate

    1. Bill number: H.R. 1175.
    2. Bill title: Marine Resources Revitalization Act of 1995.
    3. Bill status: As ordered reported by the House Committee 
on Resources on April 5, 1995.
    4. Bill purpose: H.R. 1175 would reauthorize the National 
Sea Grant College Program Act and would authorize 
appropriations of $53.3 million in fiscal year 1996, $54.5 
million in fiscal year 1997, and $56.0 million in fiscal year 
1998 to carry out its contract, grant, fellowship, and 
administrative functions. The bill also would repeal the sea 
grant international program and the postdoctoral fellowship 
program. (Those two programs did not receive any funding in 
1995.)
    5. Estimated cost to the Federal Government: H.R. 1175 
would authorize appropriations for the National Sea Grant 
program at levels that are close to the 1995 appropriation 
level of $54.3 million. The bill's proposed level for 1996 is 
$1 million below the 1995 appropriation, while the proposed 
levels for 1997 and 1998 are above the current level by $0.2 
million and $1.7 million, respectively. Assuming that the full 
amounts authorized are appropriated, H.R. 1175 would have the 
budgetary impact shown in the following table.

------------------------------------------------------------------------
                      1995     1996     1997     1998     1999     2000 
------------------------------------------------------------------------
Spending Under                                                          
 Current Law:                                                           
    Budget                                                              
     Authority \1\     54.3  .......  .......  .......  .......  .......
    Estimated                                                           
     Outlays......     51.1     20.6      6.6      3.3  .......  .......
Proposed Changes:                                                       
    Authorization                                                       
     Level........  .......     53.3     54.5     56.0  .......  .......
    Estimated                                                           
     Outlays......  .......     32.0     47.1     52.0     22.1      7.2
Spending Under                                                          
 H.R. 1175:                                                             
    Authorization                                                       
     Level \1\....     54.3     53.3     54.5     56.0  .......  .......
    Estimated                                                           
     Outlays......     51.1     52.6     53.7     55.3     22.1      7.2
------------------------------------------------------------------------
\1\ The 1995 level is the amount actually appropriated.                 

    The costs of this bill fall within budget function 300.
    6. Pay-as-you-go considerations: None.
    7. Estimated cost to State and local governments: None.
    8. Estimate comparison: None.
    9. Previous CBO estimate: None.
    10. Estimate prepared by: Rachel Robertson.
    11. Estimate approved by: Robert A. Sunshine, for Paul N. 
Van de Water, Assistant Director for Budget Analysis.
                          Departmental Reports

    The Committee received a report on H.R. 1175 from the 
Department of Commerce on April 4, 1995. No other reports have 
been received on H.R. 1175.

                               U.S. Department of Commerce,
                                     Washington, DC, April 4, 1995.
Hon. Donald Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Department of Commerce would like to 
offer comments on H.R. 1175, a bill entitled the ``Marine 
Resources Revitalization Act of 1995''. We understand the bill 
is to be marked up by the full committee on April 5, 1995. H.R. 
1175 would amend the National Sea Grant College Program Act.
    The Department endorses the reauthorization of the National 
Sea Grant College Program. We oppose several sections as 
described below.
    Section 5 of the bill, amending section 204(c) of the Act 
(33 U.S.C. Sec. 1123(c) defines the ``Duties of the Director'' 
of the national office. The legislation omits Section 204(c)(3) 
which makes the director responsible for evaluating grants and 
contracts. The Department of Commerce objects to this omission 
because it removes critical management responsibility from the 
director and his/her staff. Together with Section 212(b)(1) 
which specifies a declining level of authorization for the 
National Sea Grant College Program Office, the provision 
effectively removes management and oversight responsibilities 
from the National Oceanic and Atmospheric Administration. The 
Administrator, through the Director, would have neither the 
staff, funds, nor legal authority to make evaluations of 
individuals Sea Grant Program performance, the performance of 
the National Sea Grant Program, or integrate Sea Grant 
capabilities with NOAA's mission. Although evaluation of 
specific projects is delegated to individual state programs, 
the amendment is unclear about the criteria for funding 
institutional program proposals except to promote ``healthy 
competition among those institutions'' (204)(c)(2)(B)(i) and to 
provide ``a stable base of funding for the institutions'' 
(204)(c)(2)(B)(iii).
    In order to continue the Department's support for the 
National Sea Grant College Program as a fundamental part of 
NOAA's portfolio of coastal and marine research programs, it is 
imperative that the National Program Office be included in the 
oversight and coordination of research awards as a criteria for 
funding institutional program proposals. It is critical that 
national research priorities be developed and institutional 
allocations reflect those priorities. The National Program 
Office plays an essential role in ensuring that complimentary, 
not duplicate research takes place among the various 
institutional programs.
    Section 11(b) of the bill, amending section 212(b)(1) of 
the Act (33 U.S.C. Sec. 1131(b)(1)) reads:
    ``(1) Authorization.--There is authorized to be 
appropriated for administration of this Act, including section 
209, by the National Sea Grant Office and the Administration--
          ``(A) $2,700,000 for fiscal year 1996;
          ``(B) $2,000,000 for fiscal year 1997; and
          ``(C) $1,500,000 for fiscal year 1998.''
    The Department of Commerce strongly objects to the language 
in this subsection. Cutting the budget of the National Sea 
Grant Office in half over three years would eliminate:
          the ability to develop national standards, 
        priorities, and plans;
          the ability to provide adequate program oversight;
          the ability to integrate Sea Grant capabilities with 
        other NOAA and federal marine resource programs and 
        thus lose the opportunity to secure additional funding 
        for research in Sea Grant Institutions;
          staff required to process ``pass-through'' awards 
        from other federal agencies and NOAA units working in 
        partnership with Sea Grant. In FY 1994, other federal 
        agencies and NOAA programs supported $10 million of 
        research and outreach activities in Sea Grant 
        Institutions.
    This subsection is particularly onerous because it fails to 
recognize that the administrative budget includes not only the 
costs of administrative overhead (salary, rent, travel) but 
also support for the Sea Grant Review Panel and the Small 
Business Innovation Research (SBIR) set-aside. Since payment of 
the SBIR set-aside mandated by Congress--$500,000 in FY96 and 
to more than $600,000 in FY97 and FY98--must be allocated from 
the authorization of this section, the ability of NOAA to 
responsibly administer Sea Grant would be seriously 
compromised. Effectively, the reduction would eliminate nearly 
70 percent of the current staff and nearly all National Sea 
Grant Office functions. At a time when Congress and the 
Administration are focusing on ways to ensure more cost 
effective use of federal resources, sufficient funding for a 
minimum level of oversight is critical.
    The Department recommends that the language in the 
subsection be revised as follows:
          (1) Authorization.--There is authorized to be 
        appropriated for administration of this Act, including 
        section 209 by the National Sea Grant Office and the 
        Administration--$3,400,000 for fiscal year 1996 and 
        such sums as may be necessary for each of fiscal years 
        1997 and 1998.
    Section 5 of the bill, amending section 204(c) of the Act 
(33 U.S.C. Sec. 1123(c)) omits the existing language in section 
204(c)(1) that states that the Director of the national office 
shall--``apply the long range planning guidelines and the 
priorities established by the Secretary under subsection (a) of 
this section;''. The Department of Commerce feels that this 
duty of the national office Director is critical and should not 
be omitted.
    Section 11 of the bill amends section 212(a) of the Act (33 
U.S.C. Sec. 1131(a)) which reads:
    (a) Grants and Contracts; Fellowships; International 
Program.--There is authorized to be appropriated to carry out 
sections 205 and 208--
          (1) $50,600,000 for fiscal year 1996;
          (2) $52,500,000 for fiscal year 1997; and
          (3) $54,500,000 for fiscal year 1998.
    The Department opposes the authorization levels contained 
in the proposed amendment. The FY 1996 President's budget 
requests total funding of $49,400,000 for the entire National 
Sea Grant Program of which $46,000,000 is intended to carry out 
these sections of this proposed legislation.
    The Department recommends that the language in the 
subsection be revised as follows:
    (a) Grants and Contracts; Fellowships; International 
Program.--There is authorized to be appropriated to carry out 
sections 205 and 208--$46,000,000 for fiscal year 1996 and such 
sums as may be necessary for each of fiscal years 1997 and 
1998.
    Section 3 of the bill, amending section 203(4) of the Act 
(33 U.S.C. Sec. 1122(4)) reads: (2) by inserting ``shellfish 
disease studies,'' after ``marine affairs and resource 
management''. Shellfish Disease studies are already encompassed 
in the existing legislation. Identification of a specific 
category or living marine resources is unnecessarily 
restrictive, redundant to the existing legislative mandate of 
the program, and would inhibit Sea Grant's flexibility to 
respond to changing national needs and research priorities.
    Section 4 of the bill, amending section 204(a) of the Act 
(33 U.S.C. Sec. 1123(a)) inserts ``, in consultation with the 
sea grant colleges and the panel established under section 
209,'' after ``The Secretary''. The Department of Commerce 
believes this provision is inappropriate because it is too 
specific, and potentially limiting. The intent of the Act 
specifies ``an intense involvement on the part of the Federal 
Government in continuing partnership with the State and Local 
Governments, private industry, universities, organizations, and 
individuals * * *.''
    While consultation with the sea grant colleges and panel 
will take place, planning and priorities must be established 
with the help of a broader cross-section of leaders.
    Section 4 of the bill, amending section 204(c)(2)(B)(ii) of 
the Act (33 U.S.C. Sec. 1123) reads: ``(ii) promote achievement 
of the goals established by the institutions under subsection 
(e), and. As stated this amendment would allow complete 
independence of institutional programs, precluding regional and 
national coordination and coherence.
    Section 8(b)(2) of the bill, amending section 207(a) of the 
Act (33 U.S.C. Sec. 1126) reads: ``(2) Merit review.--Within 6 
months of the date of enactment of the Marine Resources 
Revitalization Act of 1995, the Secretary, after consultation 
with the sea grant colleges, shall publish in the Federal 
Register guidelines for the conduct of merit review by the sea 
grant colleges and sea grant regional consortia of applications 
for projects grants and contracts to be awarded under section 
205. The guidelines shall, at a minimum, provide for mail 
review of all applications for grants or contracts and require 
standardized documentation of all peer review.'' The Department 
of Commerce objects to this subsection and believes that the 
language represents an unnecessary level of micro-management 
and imposes additional burdens on project reviewers. The 
provisions for mail review is particularly troubling. This 
language restricts the review process to one kind of merit 
review and eliminates the State Director's discretion to choose 
from a wide range of accepted merit review procedures.
    Section 10 of the bill, amending section 209 of the Act (33 
U.S.C. Sec. 1128) represents a clear reduction in the role and 
capabilities of the Sea Grant Review Panel. Restricting the 
panel to one meeting per year (as opposed to the two now 
required) will limit the ability of the Review Panel to carry 
out its mandated duties in subsection (b). These duties are 
broad and critical to the overall performance of the Sea Grant 
Program.
    Section 8 of the bill, amending section 207(a) of the Act 
(33 U.S.C. Sec. 1126) omitted from this section is the previous 
Section 207(3)(a) which states that sea grant colleges and 
consortia must be established for the purpose of sharing 
capabilities. The Department believes that this provision for 
sharing capabilities is an important subsection that should not 
be omitted.
    We appreciate the opportunity to comment on this 
legislation. We would be willing to work with your staff to 
address the above concerns as well as any additional technical 
issues regarding H.R. 1175.
    The Office of Management and Budget advises that there is 
no objection to the submission of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                                    D. James Baker.
         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italics, existing law in which no change is proposed 
is shown in roman):

                 NATIONAL SEA GRANT COLLEGE PROGRAM ACT

              TITLE II--NATIONAL SEA GRANT COLLEGE PROGRAM

          * * * * * * *

SEC. 203. DEFINITIONS.

  As used in this title--
          (1) * * *
          * * * * * * *
          (4) The term ``field related to ocean, coastal, and 
        Great Lakes resources'' means any discipline or field 
        (including marine science (and the physical, natural, 
        and biological sciences, and engineering, included 
        therein), marine technology, marine biotechnology, 
        education, marine affairs and resource management, 
        shellfish disease studies, economics, sociology, 
        communications, planning, law, international affairs, 
        and public administration) which is concerned with or 
        likely to improve the understanding, assessment, 
        development, utilization, or conservation of ocean, 
        coastal, and Great Lakes resources.
          * * * * * * *
          (16) The term ``sea grant institution'' means a sea 
        grant college or a sea grant regional consortium.
SEC. 204. NATIONAL SEA GRANT PROGRAM.

  (a) 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 consist 
of the financial assistance and other activities provided for 
in this Act, and shall be administered by a National Sea Grant 
Office within the Administration. The Secretary, in 
consultation with the sea grant institutions and the panel 
established under section 209, shall establish long-range 
planning guidelines and priorities for, and adequately 
evaluate, this program.
  (b) Director.--(1) * * *
  (2) 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 
not in excess of the [maximum rate for GS-18 of the General 
Schedule under section 5332 of such title.] maximum rate 
payable under section 5376 of title 5, United States Code.
  [(c) Duties.--The Director shall administer the national sea 
grant college program subject to the supervision of the 
Secretary and the Under Secretary. In addition to any other 
duty prescribed by law or assigned by the Secretary, the 
Director shall--
          [(1) apply the long-range planning guidelines and the 
        priorities established by the Secretary under 
        subsection (a);
          [(2) advise the Under 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 Under Secretary) those 
        which are or could be of use to other offices and 
        activities within the Administration;
          [(3) evaluate activities conducted under grants and 
        contracts awarded pursuant to section 205 to assure 
        that the objective set forth in section 202(b) is 
        implemented;
          [(4) 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;
          [(5) encourage cooperation and coordination with 
        other Federal programs concerned with ocean, coastal, 
        and Great Lakes resources conservation and usage;
          [(6) advise the Secretary on the designation of sea 
        grant colleges and sea grant regional consortia and, in 
        appropriate cases, if any, on the termination or 
        suspension of any such designation;
          [(7) encourage the formation and growth of sea grant 
        programs; and
          [(8) oversee the operation of the National Sea Grant 
        Office established under subsection (a) of this 
        section.]
  (c) Duties of Director.--
          (1) In general.--The Director shall administer the 
        National Sea Grant College Program subject to the 
        supervision of the Secretary and the Under Secretary. 
        In addition to any other duty prescribed by law or 
        assigned by the Secretary, the Director shall--
                  (A) advise the Under 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 Under 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 achievement of the goals 
                        established 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).
          * * * * * * *
  (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, in consultation with the Secretary and 
        the panel established under section 209, goals for its 
        program that are consistent with the guidelines and 
        priorities developed under section 204(a);
          (2) conduct merit review of all applications for 
        project grants or contracts to be awarded under section 
        205; and
          (3) demonstrate significant progress toward the goals 
        established under this section.
          * * * * * * *

[SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA.

  [(a) Designation.--(1) The Secretary may designate--
          [(A) any institution of higher education as a sea 
        grant college; and
          [(B) any association or other alliance of two or more 
        persons (other than individuals) as a sea grant 
        regional consortium.
  [(2) No institution of higher education may be designated as 
a sea grant college unless the Secretary finds that such 
institution--
          [(A) 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 title or under section 204(c) of the National 
        Sea Grant College and Program Act of 1966;
          [(B) will act in accordance with such guidelines as 
        are prescribed under subsection (b)(2); and
          [(C) meets such other qualifications as the Secretary 
        deems necessary or appropriate.
The designation of any institution as a sea grant college under 
the authority of such Act of 1966 shall, if such designation is 
in effect on the day before the date of the enactment of the 
Sea Grant Program Improvement Act of 1976, be considered to be 
a designation made under paragraph (1) so long as such 
institution complies with subparagraphs (B) and (C).
  [(3) No association or other alliance of two or more persons 
may be designated as a sea grant regional consortium unless the 
Secretary finds that such association or alliance--
          [(A) is established for the purpose of sharing 
        expertise, research, educational facilities, or 
        training facilities, and other capabilities in order to 
        facilitate research, education, training, and advisory 
        services, in any field related to ocean, coastal, and 
        Great Lakes resources;
          [(B) will encourage and follow a regional approach to 
        solving problems or meeting needs relating to ocean, 
        coastal, and Great Lakes resources, in cooperation with 
        appropriate sea grant colleges, sea grant programs, and 
        other persons in the region;
          [(C) will act in accordance with such guidelines as 
        are prescribed under subsection (b)(2); and
          [(D) meets such other qualifications as the Secretary 
        deems necessary or appropriate.
  [(b) Regulations.--The Secretary shall by regulation 
prescribe--
          [(1) the qualifications required to be met under 
        paragraphs (2)(C) and (3)(D) of subsection (a); and
          [(2) guidelines relating to the activities and 
        responsibilities of sea grant colleges and sea grant 
        regional consortia.
  [(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. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL 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, association, or alliance--
          (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;
          (2) will encourage and follow a regional approach to 
        solving problems or meeting needs relating to ocean, 
        coastal, and Great Lakes resources, in cooperation with 
        appropriate sea grant colleges, sea grant programs, and 
        other persons in the region;
          (3) will act in accordance with such guidelines as 
        are prescribed under subsection (b)(2); and
          (4) meets such other qualifications as the Secretary 
        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)(4).
          (2) Merit review.--Within 6 months of the date of 
        enactment of the Marine Resources Revitalization Act of 
        1995, the Secretary, after consultation with the sea 
        grant institutions, shall publish in the Federal 
        Register guidelines for the conduct of merit review by 
        the sea grant institutions of applications for project 
        grants and contracts to be awarded under section 205. 
        The guidelines shall, at a minimum, provide for mail 
        review of all applications for grants or contracts and 
        require standardized documentation of all peer review.
SEC. 208. FELLOWSHIPS.

  (a) * * *
          * * * * * * *
  [(c) Postdoctoral Fellowships.--The Under Secretary shall 
establish and administer a program of postdoctoral fellowships 
to accelerate research in critical subject areas. The 
fellowship awards--
          [(1) shall be for 2 years;
          [(2) may be renewed once for not more than 2 years;
          [(3) shall be awarded on a nationally competitive 
        basis;
          [(4) may be used at any institution of post-secondary 
        education involved in the national sea grant college 
        program;
          [(5) shall be for up to 100 percent of the total cost 
        of the fellowship; and
          [(6) may be made to recipients of terminal 
        professional degrees, as well as doctoral degree 
        recipients.]

SEC. 209. SEA GRANT REVIEW PANEL.

  (a) Establishment.--There shall be established an independent 
committee to be known as the sea grant review panel. [The panel 
shall, on the 60th day after the date of the enactment of the 
Sea Grant Program Improvement Act of 1976, supersede the sea 
grant advisory panel in existence before such date of 
enactment.
  [The Panel shall advise] (b) Duties.--The panel shall advise 
the Secretary, the Under Secretary, and the Director 
concerning--
          (1) applications or proposals for, and performance 
        under, grants and contracts awarded under section 205 
        [and section 3 of the Sea Grant Program Improvement Act 
        of 1976];
          (2) the sea grant fellowship program;
          (3) the designation and operation of sea grant 
        [colleges and sea grant regional consortia] 
        institutions, and the operation of sea grant programs;
          * * * * * * *
The Secretary shall make available to the panel such 
information, personnel, and administrative services and 
assistance as it may reasonably require to carry out its 
duties.
  (c) Membership, Terms, and Powers.--(1) The panel shall 
consist of 15 voting members who shall be appointed by the 
Secretary. The Director and a director of a sea grant program 
who is elected by the various directors of sea grant programs 
shall serve as nonvoting members of the panel. Not less than 8 
of the voting members of the panel shall be individuals who, by 
reason of knowledge, experience, or training, are especially 
qualified in one or more of the disciplines and fields included 
in marine science. The other voting members shall be 
individuals who, by reason of knowledge, experience, or 
training, are especially qualified in, or representative of, 
education, marine affairs and resource management, extension 
services, State government, industry, economics, planning, or 
any other activity which is appropriate to, and important for, 
any effort to enhance the understanding, assessment, 
development, utilization, or conservation of ocean, coastal, 
and Great Lakes resources. No individual is eligible to be a 
voting member of the panel if the individual is (A) the 
director of a sea grant [college, sea grant regional 
consortium,] institution or sea grant program; (B) an applicant 
for, or beneficiary (as determined by the Secretary) of, any 
grant or contract under section 205; or (C) a full-time officer 
of employee of the United States.
          * * * * * * *
  (5) Voting members of the panel shall--
          (A) receive compensation at [the daily rate for GS-18 
        of the General Schedule under section 5332 of title 5, 
        United States Code] 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
          (B) be reimbursed for actual and reasonable expenses 
        incurred in the performance of such duties.
  (6) The panel shall meet on [a biannual] an annual basis and, 
at any other time, at the call of the Chairman or upon the 
request of a majority of the voting members or of the Director.
          * * * * * * *

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

  [(a) There is authorized to be appropriated to carry out the 
provisions of sections 205 and 208 of this Act, and section 3 
of the Sea Grant Program Improvement Act of 1976 (33 U.S.C. 
1124a), an amount--
          [(1) for fiscal year 1991, not to exceed $44,398,000;
          [(2) for fiscal year 1992, not to exceed $46,014,000;
          [(3) for fiscal year 1993, not to exceed $47,695,000;
          [(4) for fiscal year 1994, not to exceed $49,443,000; 
        and
          [(5) for fiscal year 1995, not to exceed $51,261,000.
  [(b)(1) There is authorized to be appropriated for 
administration of this Act, including section 209, by the 
National Sea Grant Office and the Administration, an amount--
          [(A) for fiscal year 1991, not to exceed $2,500,000;
          [(B) for fiscal year 1992, not to exceed $2,600,000;
          [(C) for fiscal year 1993, not to exceed $2,700,000;
          [(D) for fiscal year 1994, not to exceed $2,800,000; 
        and
          [(E) for fiscal year 1995, not to exceed $2,900,000.]
  (a) Grants, Contracts, and Fellowships.--There is authorized 
to be appropriated to carry out sections 205 and 208--
          (1) $50,600,000 for fiscal year 1996;
          (2) $52,500,000 for fiscal year 1997; and
          (3) $54,500,000 for fiscal year 1998.
  (b) Administration.--
          (1) Authorization.--There is authorized to be 
        appropriated for administration of this Act, including 
        section 209, by the National Sea Grant Office and the 
        Administration--
                  (A) $2,700,000 for fiscal year 1996;
                  (B) $2,000,000 for fiscal year 1997; and
                  (C) $1,500,000 for fiscal year 1998.
          [(2)] (2) Limitation on use of other amounts.--Sums 
        appropriated under the authority of [subsections (a) 
        and (c)] subsection (a) shall not be available for 
        administration of this Act by the National Sea Grant 
        Office, or for Administration program or administrative 
        expenses.
  [(c) In addition to sums authorized under subsection (a), 
there is authorized to be appropriated for priority oyster 
disease research under section 205 of this Act, an amount--
          [(1) for fiscal year 1992, not to exceed $1,400,000;
          [(2) for fiscal year 1993, not to exceed $3,000,000;
          [(3) for fiscal year 1994, not to exceed $3,000,000; 
        and
          [(4) for fiscal year 1995, not to exceed $3,000,000.
  [(d)] (c) Availability of Sums.--Sums appropriated pursuant 
to this section shall remain available until expended.
  [(e)] (d) Reversion of Unobligated Amounts.--The amount of 
any grant, or portion of a grant, made to a person under any 
section of this Act that is not obligated by that person during 
the first fiscal year for which it was authorized to be 
obligated or during the next fiscal year thereafter shall 
revert to the Secretary. The Secretary shall add that reverted 
amount to the funds available for grants under the section for 
which the reverted amount was originally made available.
                              ----------                              


       SECTION 3 OF THE SEA GRANT PROGRAM IMPROVEMENT ACT OF 1976

[SEC. 3. SEA GRANT INTERNATIONAL PROGRAM.

  [(a) In General.--The Under Secretary of Commerce for Oceans 
and Atmosphere may enter into contracts and make grants under 
this section to--
          [(1) enhance cooperative international research and 
        educational activities on ocean, coastal and Great 
        Lakes resources;
          [(2) promote shared marine activities with 
        universities in countries with which the United States 
        has sustained mutual interest in ocean, coastal, and 
        Great Lakes resources;
          [(3) encourage technology transfer that enhances wise 
        use of ocean, coastal, and Great Lakes resources in 
        other countries and in the United States;
          [(4) promote the exchange among the United States and 
        foreign nations of information and data with respect to 
        the assessment, development, utilization, and 
        conservation of such resources;
          [(5) use the national sea grant college program as a 
        resource in other Federal civilian agency international 
        initiatives whose purposes are fundamentally related to 
        research, education, technology transfer and public 
        service programs concerning the understanding and wise 
        use of ocean, coastal, and Great Lakes resources; and
          [(6) enhance regional collaboration between foreign 
        nations and the United States with respect to marine 
        scientific research, including activities which improve 
        understanding of global oceanic and atmospheric 
        processes, undersea minerals resources within the 
        exclusive economic zone and special areas, and 
        productivity and enhancement of living marine resources 
        in--
                  [(A) the Caribbean and Latin American 
                regions;
                  [(B) the Pacific Islands region;
                  [(C) the Arctic and Antartic regions;
                  [(D) the Atlantic and Pacific Oceans; and
                  [(E) the Great Lakes.
  [(b) Eligibility, Procedures, and Requirements.--Any sea 
grant college, sea grant program, or sea grant regional 
consortium, and any institution of higher education, 
laboratory, or institute (if the institution, laboratory, or 
institute is located within a State, as defined in section 
203(14) of the National Sea Grant College Program Act (33 
U.S.C. 1122(14)), may apply for and receive financial 
assistance under this section. The Under Secretary shall 
prescribe rules and regulations, in consultation with the 
Secretary of State, to carry out this section. Before approving 
an application for a grant or contract under this section, the 
Under Secretary shall consult with the Secretary of State. A 
grant made, or contract entered into, under this section is 
subject to section 205(d) (2) and (4) of the National Sea Grant 
College Program Act (33 U.S.C. 1124(d) (2) and (4)) and to any 
other requirements that the Under Secretary considers necessary 
and appropriate.]