; or (ii) the amount appropriated under this title for the fiscal year. (B) Critical staffing requirements (i) In general The Director shall use the authority under subchapter VI of chapter 33 of title 5, United States Code, to meet any critical staffing requirement while carrying out the activities authorized under this title. (ii) Exception from cap For purposes of subparagraph (A), any costs incurred as a result of an exercise of authority as described in clause (i) shall not be considered an amount used for administration of programs under this title in a fiscal year. . (c) Allocation of funding (1) In general Section 204(d)(3) ( 33 U.S.C. 1123(d)(3) ) is amended— (A) in the matter preceding subparagraph (A), by striking With respect to sea grant colleges and sea grant institutes and inserting With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects ; and (B) in subparagraph (B), in the matter preceding clause (i), by striking funding among sea grant colleges and sea grant institutes and inserting funding among sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects . (2) Repeal of requirements concerning distribution of excess amounts Section 212 ( 33 U.S.C. 1131 ) is amended— (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 10. Technical corrections The National Sea Grant College Program Act ( 33 U.S.C. 1121 et seq.) is amended— (1) in section 204(d)(3)(B) ( 33 U.S.C. 1123(d)(3)(B) ), by moving clause (vi) 2 ems to the right; and (2) in section 209(b)(2) ( 33 U.S.C. 1128(b)(2) ), as amended by section 6, in the third sentence, by striking The Secretary shall and inserting the following: (3) Availability of resources of Department of Commerce The Secretary shall .