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105th Congress                                             Rept. 105-22
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
              MARINE RESOURCES REVITALIZATION ACT OF 1997

                                _______
                                

 March 12, 1997.--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. 437]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 437) to reauthorize the National Sea Grant College 
Program Act, and for other purposes, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 437 is to reauthorize the National Sea 
Grant College Program and make changes to the program's 
management.

                  Background and Need for Legislation

    The National Sea Grant College Program (Sea Grant) was 
established by the National Sea Grant College Act (33 U.S.C. 
1121-1131) which 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. Though originally assigned to the National 
Science Foundation, Sea Grant has been located within the 
National Oceanic and Atmospheric Administration (NOAA) of the 
Department of Commerce since the agency was established in 
1970. Currently, there are 29 Sea Grant College programs that 
represent a network of researchers, educators and marine 
advisory agents at over 300 academic institutions.
    To be designated a Sea Grant College, the applicant must 
demonstrate a record of superior performance in marine resource 
programs for a minimum of three years. Designated programs 
receive 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. 
The Sea Grant ``core'' program provides assistance to Sea Grant 
Colleges for research, education, and advisory services in 
fields related to ocean, coastal and Great Lakes resources. 
Authorization for this assistance expired on September 30, 
1995, although appropriations have continued.
    Research funding is devoted to the development of marine 
and freshwater resources and related technology and studies 
relevant to the understanding, assessment, development, 
utilization or conservation of ocean and coastal and Great 
Lakes resources. Education programs include the development and 
strengthening of training programs for marine scientists and 
technicians as well as education in aquatic sciences for 
secondary school students and teachers. Sea Grant Colleges also 
provide year-long fellowships to graduate students in marine-
related disciplines. The fellows work with Congressional, 
Federal agency or industry sponsors. Marine advisory staff 
provide 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 and 
other marine-related program managers and researchers.
    In addition to the core program, the Act also established 
the 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. Since 1990, priority oyster disease research has been 
separately authorized under the Act. Authorization for that 
program expired 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. Though the 
Committee has not included a specific separate authorization 
for priority oysterdisease research, it believes that this work 
is very important and should be continued. The overall program 
authorization level assumes that this research will continue.
    Sea Grant is funded at $54.3 million in Fiscal Year 1997. 
Of that funding, $2.7 million is for administration of the 
national program office. In addition to that base funding, 
oyster disease research was funded at $1.5 million and zebra 
mussel research at $2.3 million. Sea Grant received no 
significant increases in funding during the 1980s. 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 better 
defining the roles of the National Sea Grant Office, the Sea 
Grant College programs, and the Sea Grant Review Panel, and 
streamlining the proposal review and program evaluation 
processes. H.R. 437 addresses those recommendations.
    The Committee has chosen not to restrict the use of 
national initiatives at this time. However, the use of these 
initiatives in a manner that diminishes the role of Sea Grant 
Colleges is a major concern, and significant oversight will be 
exercised in this area. The Committee is particularly concerned 
about the growth of national initiatives when the 
Administration proposed reductions in the Sea Grant budget. If 
the Administration finds worthwhile national initiatives, it 
should request adequate funding for these items above the base 
funding level of the program.

                            Committee Action

    H.R. 437 was introduced on January 9, 1997, by Congressman 
Jim Saxton (R-NJ), Chairman, Subcommittee on Fisheries 
Conservation, Wildlife and Oceans; Congressman Don Young (R-
AK), Chairman, Committee on Resources; Congressman Neil 
Abercrombie (D-HI), Ranking Minority Member, Subcommittee on 
Fisheries Conservation, Wildlife and Oceans; and Congressman 
Sam Farr (D-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On February 27, 
1997, the Subcommittee held a hearing on H.R. 437, where 
testimony was heard from Dr. Ronald C. Baird, Executive 
Director, National Sea Grant College Program, Office of Oceanic 
and Atmospheric Research, NOAA; Dr. Ronald Dearborn, President, 
Sea Grant Association; Dr. Leonard Pietrafesa, Chairman, Board 
of Oceans and Atmosphere, National Association of State 
Universities and Land Grant Colleges; and Dr. John Toll, 
Chairman, Sea Grant Review Panel. On March 5, 1997, the Full 
Resources Committee met to consider H.R. 437. The Subcommittee 
on Fisheries Conservation, Wildlife and Oceans was discharged 
from further consideration of H.R. 437. The bill was then 
ordered favorably reported to the House of Representatives 
without amendment.

                      Section-by-Section Analysis

                         Section 1. Short Title

    This Act may be cited as the ``Marine Resources 
Revitalization Act of 1997''.

     Section 2. Amendment of National Sea Grant College Program Act

    Amendments in this Act are to the National Sea Grant 
College Program Act (33 U.S.C. 1121 et seq.).

                  Section 3. Amendments to Definitions

    This section amends the National Sea Grant College Program 
Act to define the term ``sea grant institution'' to mean any 
sea grant college or consortium as well as any institution of 
higher education, institute, laboratory, or State or local 
agency conducting a sea grant program with monies provided 
under the Act. The section also simplifies the definition of 
``fields related to ocean, coastal and Great Lakes resources'' 
by removing specific references to marine science, marine 
technology, education, marine affairs and resource management, 
economics, sociology, communications, planning, law, 
international affairs and public administration. Finally, the 
section clarifies that, in reference to this Act and the 
National Sea Grant College Act, the Secretary of Commerce acts 
through the Under Secretary of Commerce for Oceans and 
Atmosphere.

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

    This section amends the National Sea Grant College Program 
Act to require the Secretary of Commerce to consult with the 
Sea Grant Colleges and the Sea Grant Review Panel when setting 
long-range planning guidelines and priorities.

                   Section 5. Duties of the Director

    This section amends section 204 of the National Sea Grant 
College Program Act to clarify that the duties of the Director 
of the National Sea Grant Office are to:
          Advise the Secretary of Commerce on expertise and 
        capabilities of the Sea Grant Program and on the 
        designation or termination of Sea Grant institutions;
          Promote cooperation and coordination among Sea Grant 
        and other Federal departments, agencies and 
        instrumentalities and encourage the formation and 
        growth of Sea Grant programs;
          Evaluate Sea Grant institutions' programs, not review 
        each specific state program grant; and
          Attempt to provide a stable base of funding for each 
        state program within the limitations of competition and 
        appropriations.

              Section 6. Duties of Sea Grant Institutions

    This section amends the National Sea Grant College Program 
Act to clarify that Sea Grant institutions are subject to any 
regulations or guidelines promulgated by the Secretary 
ofCommerce, and requires each Sea Grant institution to consult with the 
Secretary and the Sea Grant Review Panel in developing and implementing 
its program. The program shall be consistent with the long-range 
planning guidelines for the National Sea Grant College Program. 
Finally, the section establishes merit review (including peer review) 
as the responsibility of the Sea Grant institutions.

          Section 7. Repeal of Sea Grant International Program

    This section repeals the Sea Grant International Program. 
The program has never been funded.

            Section 8. Designation of Sea Grant Institutions

    This section consolidates and clarifies the requirements 
for the designation of Sea Grant Colleges and regional 
consortia by amending section 207 of the Sea Grant College 
Program Act. It requires the Secretary, within six months of 
the date of enactment, to establish guidelines for the conduct 
of merit review by Sea Grant institutions. At a minimum, these 
guidelines and priorities shall provide for peer review of all 
applications for grants or contracts and require standardized 
documentation of all peer review.

          Section 9. Repeal of Postdoctoral Fellowship Program

    This section repeals the Postdoctoral Fellowship Program. 
This program has never been funded.

              Section 10. Authorization of Appropriations

    This section amends the National Sea Grant College Program 
Act to reauthorize Sea Grant at $54.3 million for Fiscal Year 
1998, $55.4 million in Fiscal Year 1999, and $56.5 million in 
Fiscal Year 2000. It also limits administrative spending to no 
more than five percent of the amount appropriated for each 
fiscal year, and repeals the separate authorization for oyster 
disease research.

             Section 11. Clerical and Conforming Amendments

    This section makes five clerical corrections and two 
conforming amendments.

            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.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 437.

                  Federal Advisory Committee Statement

    The functions of the advisory committee reauthorized in 
H.R. 437 are not currently being nor could they be performed by 
one or more agencies or by enlarging the mandate of another 
existing advisory committee.

                        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. 437. 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. 
437 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. Assuming that the sums authorized under the bill 
are appropriated, H.R. 437 does authorize additional 
discretionary spending, as described in the Congressional 
Budget Office report on the bill.
    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. 437.
    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. 437 
from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 10, 1997.
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. 437, the Marine 
Resources Revitalization Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Gary Brown.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 437--Marine Resources Revitalization Act of 1997

    Summary: H.R. 437 would reauthorize the National Sea Grant 
College Program Act and would authorize appropriations of $54.3 
million in fiscal year 1998, $55.4 million in fiscal year 1999, 
and $56.5 million in fiscal year 2000 to carry out its 
contract, grant, fellowship, and administrative functions. The 
bill also would cap the program's administrative expenses at 5 
percent of appropriations and repeal the sea grant 
international program and the postdoctoral fellowship program. 
(Those two programs did not receive any funding in 1997.)
    Assuming appropriation of the authorized amounts, CBO 
estimates that enacting H.R. 437 would result in additional 
discretionary spending of $166 million over the 1998-2002 
period. The legislation would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The legislation also does not contain any intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act of 1995.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 437 is shown in the table on the 
following page. For the purposes of this estimate, CBO assumes 
that all amounts authorized in H.R. 437 would be appropriated 
by the start of each fiscal year and that outlays would follow 
the historical spending patterns for the sea grant program.
    H.R. 437 would authorize appropriations for the National 
Sea Grant program at levels that are at or above the 1997 
appropriation of $54.3 million. The bill's authorization for 
1998 is equal to the 1997 appropriation, while the authorized 
levels for 1999 and 2000 are above current funding by $1.1 
million and $2.2 million, respectively.

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
Spending under current law:                                                                                     
    Budget authority \1\..................................       54        0        0        0        0        0
    Estimated outlays.....................................       54        2        0        0        0        0
Proposed changes:                                                                                               
    Authorization level...................................        0       54       55       57        0        0
    Estimated outlays.....................................        0       52       55       57        3        0
Spending under H.R. 437:                                                                                        
    Authorization level \1\...............................       54       54       55       57        0        0
    Estimated outlays.....................................       54       54       55       57        3        0
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year.                                                    

    The costs of this legislation fall within budget function 
300 (natural resources).
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
H.R. 437 contains no mandates as defined in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4), and would 
impose no costs on State, local, or tribal governments. Some of 
the institutions that would receive funds as a result of this 
bill's enactment are public agencies and universities. Under 
current law, institutions that receive grant funds under this 
program would be required to pay one-third of the total costs 
of funded projects.
    Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in Public Law 
104-4.
    Estimate prepared by--Federal cost: Gary Brown; impact on 
State, local, and tribal governments: Teri Gullo; impact on the 
private sector: Lesley Frymier.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 437 contains no unfunded mandates.

         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 italic, 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. 201. SHORT TITLE.

  This title may be cited as the ``National Sea Grant College 
Program Act''.
          * * * * * * *

SEC. 203. DEFINITIONS.

  As used in this title--
          (1) * * *
          * * * * * * *
          (3) [the] The term ``director of a sea grant 
        college'' means a person designated by their university 
        or institution to direct a sea grant college, programs, 
        or regional consortium.
          [(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, education, marine affairs 
        and resource management, 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.]
          (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.
          * * * * * * *
          (6) The term ``ocean, coastal, and Great Lakes 
        resources'' means the resources that are located in, 
        derived from, or traceable to, the seabed, subsoil, and 
        waters of--
                  (A) * * *
          * * * * * * *
                  (F) the areas referred to as eastern special 
                areas in Article 3(1) of the Agreement between 
                the United States of America and the Union of 
                Soviet Socialist Republics on the Maritime 
                Boundary, signed June 1, 1990; in particular, 
                those areas east of the maritime boundary, as 
                defined in that Agreement, that lie within 200 
                nautical miles of the baselines from which the 
                breadth of the territorial sea of Russia is 
                measured but beyond 200 nautical miles of the 
                baselines from which the breadth of the 
                territorial sea of the United States is 
                measured; and
          * * * * * * *
          [(13) The term ``Secretary'' means the Secretary of 
        Commerce.]
          (13) The term ``Secretary'' means the Secretary of 
        Commerce, acting through the Under Secretary of 
        Commerce for Oceans and Atmosphere.
          (14) The term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        the Commonwealth of the Mariana Islands, or any other 
        territory or possession of the United States.
          [(15) The term ``Under Secretary'' means the Under 
        Secretary of Commerce for Oceans and Atmosphere.]
          (16) The term ``sea grant institution'' means--
                  (A) any sea grant college or sea grant 
                regional consortium, and
                  (B) any institution of higher education, 
                institute, laboratory, or State or local agency 
                conducting a sea grant program with amounts 
                provided under this Act.

[SEC. 204. NATIONAL SEA GRANT PROGRAM.]

SEC. 204. NATIONAL SEA GRANT COLLEGE 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) The Secretary shall appoint a Director of 
the national sea grant college program who shall be a qualified 
individual who has--
          (A) knowledge or expertise in fields related to 
        ocean, coastal, and Great Lakes resources; and
          (B) appropriate administrative experience.
  (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. In addition to any other 
        duty prescribed by law or assigned by the Secretary, 
        the Director shall--
                  (A) advise the Secretary with respect to the 
                expertise and capabilities which are available 
                within or through the National Sea Grant 
                College Program, and provide (as directed by 
                the Secretary) those which are or could be of 
                use to other offices and activities within the 
                Administration;
                  (B) encourage other Federal departments, 
                agencies, and instrumentalities to use and take 
                advantage of the expertise and capabilities 
                which are available through the National Sea 
                Grant College Program, on a cooperative or 
                other basis;
                  (C) encourage cooperation and coordination 
                with other Federal programs concerned with 
                ocean, coastal, and Great Lakes resources 
                conservation and usage;
                  (D) advise the Secretary on the designation 
                of sea grant institutions and, in appropriate 
                cases, if any, on the termination or suspension 
                of any such designation;
                  (E) encourage the formation and growth of sea 
                grant programs; and
                  (F) oversee the operation of the National Sea 
                Grant Office established under subsection (a).
          (2) Duties with respect to sea grant institutions.--
        With respect to the sea grant institutions, the 
        Director shall--
                  (A) evaluate the programs of the 
                institutions, using the guidelines and 
                priorities established by the Secretary under 
                subsection (a), to ensure that the objective 
                set forth in section 202(b) is achieved;
                  (B) subject to the availability of 
                appropriations, allocate funding among the sea 
                grant institutions so as to--
                          (i) promote healthy competition among 
                        those institutions,
                          (ii) promote successful 
                        implementation of the programs 
                        developed by the institutions under 
                        subsection (e), and
                          (iii) to the maximum extent 
                        consistent with the other provisions of 
                        this subparagraph, provide a stable 
                        base of funding for the institutions; 
                        and
                  (C) ensure compliance by the institutions 
                with the guidelines for merit review published 
                pursuant to section 207(b)(2).
          * * * * * * *
  (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 section 
        205.

SEC. 205. CONTRACTS AND GRANTS.

  (a) * * *
  (b) Special Grants.--The Secretary may make special grants 
under this subsection to implement the objective set forth in 
section 202(b). The amount of any such grant may equal 100 
percent, or any lesser percent, of the total cost of the 
project involved. No grant may be made under this subsection 
unless the Secretary finds that--
          (1) no reasonable means is available through which 
        the applicant can meet the matching requirement for a 
        grant under subsection (a);
          (2) the probable benefit of such project outweighs 
        the public interest in such matching requirement; and
          (3) the same or equivalent benefit cannot be obtained 
        through the award of a contract or grant under 
        subsection (a) [or section 206].
The total amount which may be provided for grants under this 
subsection during any fiscal year shall not exceed an amount 
equal to 1 percent of the total funds appropriated for such 
year pursuant to section 212.
          * * * * * * *

[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 cooperate with other sea grant institutions 
        and other persons to solve problems or meet needs 
        relating to ocean, coastal, and Great Lakes resources;
          (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 
        1997, the Secretary, after consultation with the sea 
        grant institutions, shall establish guidelines for the 
        conduct of merit review by the sea grant institutions 
        of project proposals for grants and contracts to be 
        awarded under section 205. The guidelines shall, at a 
        minimum, provide for peer review of all research 
        projects and require standardized documentation of all 
        peer review.

SEC. 208. FELLOWSHIPS.

  (a) In General.--To carry out the educational and training 
objectives of this Act, the [Under] Secretary shall support a 
program of fellowships for qualified individuals at the 
graduate and post-graduate level. The fellowships shall be 
related to ocean, coastal, and Great Lakes resources and 
awarded pursuant to guidelines established by the [Under] 
Secretary.
  (b) Dean John A. Knauss Marine Policy Fellowship.--The 
[Under] Secretary may award marine policy fellowships to 
support the placement of individuals at the graduate level of 
education in fields related to ocean, coastal and Great Lakes 
resources in positions with the executive and legislative 
branches of the United States Government. A fellowship awarded 
under this subsection shall be for a period of not more than 1 
year.
  [(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;
          * * * * * * *
  (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
          * * * * * * *

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) Authorization.--There is authorized to be appropriated to 
carry out this Act--
          (1) $54,300,000 for fiscal year 1998;
          (2) $55,400,000 for fiscal year 1999; and
          (3) $56,500,000 for fiscal year 2000.
  (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)] (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.]