[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3389 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                        October 11 (legislative day, October 10), 2002.
    Resolved, That the bill from the House of Representatives (H.R. 
3389) entitled ``An Act to reauthorize the National Sea Grant College 
Program Act, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Sea Grant College Program 
Act Amendments of 2002''.

SEC. 2. AMENDMENTS TO FINDINGS.

    Section 202(a)(6) of the National Sea Grant College Program Act (33 
U.S.C. 1121(a)(6)) is amended by striking the period at the end and 
inserting ``, including strong collaborations between Administration 
scientists and scientists at academic institutions.''.

SEC. 3. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COLLEGE PROGRAM.

    (a) Quadrennial Strategic Plan.--Section 204 (c)(1) of the National 
Sea Grant College Program Act (33 U.S.C. 1123 (c)(1)) is amended to 
read as follows:
            ``(1) The Secretary, in consultation with the panel, sea 
        grant colleges, and sea grant institutes, shall develop at 
        least every 4 years a strategic plan that establishes 
        priorities for the national sea grant college program, provides 
        an appropriately balanced response to local, regional, and 
        national needs, and is reflective of integration with the 
        relevant portions of the strategic plans of the Department of 
        Commerce and of the Administration.''.
    (b) Program Evaluation and Rating.--
            (1) Evaluation and rating requirement.--Section 
        204(d)(3)(A) of the National Sea Grant College Program Act (33 
        U.S.C. 1123(d)(3)(A)) is amended to read as follows:
                    ``(A)(i) evaluate the performance of the programs 
                of sea grant colleges and sea grant institutes, using 
                the priorities, guidelines, and qualifications 
                established by the Secretary under subsection (c), and 
                determine which of the programs are the best managed 
                and carry out the highest quality research, education, 
                extension, and training activities; and
                    ``(ii) rate the programs according to their 
                relative performance (as determined under clause (i)) 
                into no less than 5 categories, with each of the 2 
                best-performing categories containing no more than 25 
                percent of the programs;''.
            (2) Review of evaluation and rating process.--(A) After 3 
        years after the date of the enactment of this Act, the 
        Secretary of Commerce, acting through the Under Secretary of 
        Commerce for Oceans and Atmosphere, shall contract with the 
        National Academy of Sciences--
                    (i) to review the effectiveness of the evaluation 
                and rating system under the amendment made by paragraph 
                (1) in determining the relative performance of programs 
                of sea grant colleges and sea grant institutes;
                    (ii) to evaluate whether the sea grant programs 
                have improved as a result of the evaluation process; 
                and
                    (iii) to make appropriate recommendations to 
                improve the overall effectiveness of the evaluation 
                process.
            (B) The National Academy of Sciences shall submit a report 
        to the Congress on the findings and recommendations of the 
        panel under subparagraph (A) by not later than 4 years after 
        the date of the enactment of this Act.
    (c) Allocation of Funding.--Section 204(d)(3)(B) of the National 
Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended by 
striking ``and'' after the semicolon at the end of clause (ii) and by 
adding at the end the following:
                            ``(iv) encourage and promote coordination 
                        and cooperation between the research, 
                        education, and outreach programs of the 
                        Administration and those of academic 
                        institutions; and''.

SEC. 4. COST SHARE.

    Section 205(a) of the National Sea Grant College Program Act (33 
U.S.C. 1124(a)) is amended by striking ``section 204(d)(6)'' and 
inserting ``section 204(c)(4)(F)''.

SEC. 5. FELLOWSHIPS.

    (a) Ensuring Equal Access.--Section 208(a) of the National Sea 
Grant College Program Act (33 U.S.C. 1127(a)) is amended by adding at 
the end the following: ``The Secretary shall strive to ensure equal 
access for minority and economically disadvantaged students to the 
program carried out under this subsection. Not later than 1 year after 
the date of the enactment of the National Sea Grant College Program Act 
Amendments of 2002, and every 2 years thereafter, the Secretary shall 
submit a report to the Congress describing the efforts by the Secretary 
to ensure equal access for minority and economically disadvantaged 
students to the program carried out under this subsection, and the 
results of such efforts.''.
    (b) Postdoctoral Fellows.--Section 208(c) of the National Sea Grant 
College Program Act (33 U.S.C. 1127(c)) is repealed.

SEC. 6. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL.

    Section 209(c)(2) of the National Sea Grant College Program Act (33 
U.S.C. 1128(c)(2)) is amended by striking the first sentence and 
inserting the following: ``The term of office of a voting member of the 
panel shall be 3 years for a member appointed before the date of 
enactment of the National Sea Grant College Program Act Amendments of 
2002, and 4 years for a member appointed or reappointed after the date 
of enactment of the National Sea Grant College Program Act Amendments 
of 2002. The Director may extend the term of office of a voting member 
of the panel appointed before the date of enactment of the National Sea 
Grant College Program Act Amendments of 2002 by up to 1 year.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Subsections (a), (b), and (c) of section 212 of the National Sea 
Grant College Program Act (33 U.S.C. 1131) are amended to read as 
follows:
    ``(a) Authorization.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary to carry out this title--
                    ``(A) $60,000,000 for fiscal year 2003;
                    ``(B) $75,000,000 for fiscal year 2004;
                    ``(C) $77,500,000 for fiscal year 2005;
                    ``(D) $80,000,000 for fiscal year 2006;
                    ``(E) $82,500,000 for fiscal year 2007; and
                    ``(F) $85,000,000 for fiscal year 2008.
            ``(2) Priority activities.--In addition to the amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated for each of fiscal years 2003 through 2008--
                    ``(A) $5,000,000 for competitive grants for 
                university research on the biology and control of zebra 
                mussels and other important aquatic nonnative species;
                    ``(B) $5,000,000 for competitive grants for 
                university research on oyster diseases, oyster 
                restoration, and oyster-related human health risks;
                    ``(C) $5,000,000 for competitive grants for 
                university research on the biology, prevention, and 
                forecasting of harmful algal blooms, including 
                Pfiesteria piscicida; and
                    ``(D) $3,000,000 for competitive grants for fishery 
                extension activities conducted by sea grant colleges or 
                sea grant institutes to enhance, and not supplant, 
                existing core program funding.
    ``(b) Limitations.--
            ``(1) Administration.--There may not be used for 
        administration of programs under this title in a fiscal year 
        more than 5 percent of the lesser of--
                    ``(A) the amount authorized to be appropriated 
                under this title for the fiscal year; or
                    ``(B) the amount appropriated under this title for 
                the fiscal year.
            ``(2) Use for other offices or programs.--Sums appropriated 
        under the authority of subsection (a)(2) shall not be available 
        for administration of this title by the National Sea Grant 
        Office, for any other Administration or department program, or 
        for any other administrative expenses.
    ``(c) Distribution of Funds.--In any fiscal year in which the 
appropriations made under subsection (a)(1) exceed the amounts 
appropriated for fiscal year 2003 for the purposes described in such 
subsection, the Secretary shall distribute any excess amounts (except 
amounts used for the administration of the sea grant program) to any 
combination of the following:
            ``(1) sea grant programs, according to their rating under 
        section 204(d)(3)(A);
            ``(2) national strategic investments authorized under 
        section 204(b)(4);
            ``(3) a college, university, institution, association, or 
        alliance for activities that are necessary for it to be 
        designated as a sea grant college or sea grant institute;
            ``(4) a sea grant college or sea grant institute designated 
        after the date of enactment of the National Sea Grant College 
        Program Act Amendments of 2002 but not yet evaluated under 
        section 204(d)(3)(A).''.

SEC. 8. ANNUAL REPORT ON PROGRESS IN BECOMING DESIGNATED AS SEA GRANT 
              COLLEGES AND SEA GRANT INSTITUTES.

    Section 207 of the National Sea Grant College Program Act (16 
U.S.C. 1126) is amended by adding at the end the following:
    ``(e) Annual Report on Progress.--
            ``(1) Report requirement.--The Secretary shall report 
        annually to the Committee on Resources and the Committee on 
        Science of the House of Representatives, and to the Committee 
        on Commerce, Science, and Transportation of the Senate, on 
        efforts and progress made by colleges, universities, 
        institutions, associations, and alliances to become designated 
        under this section as sea grant colleges or sea grant 
        institutes, including efforts and progress made by sea grant 
        institutes in being designated as sea grant colleges.
            ``(2) Territories and freely associated states.--The report 
        shall include description of--
                    ``(A) efforts made by colleges, universities, 
                associations, institutions, and alliances in United 
                States territories and freely associated States to 
                develop the expertise necessary to be designated as a 
                sea grant institute or sea grant college;
                    ``(B) the administrative, technical, and financial 
                assistance provided by the Secretary to those entities 
                seeking to be designated; and
                    ``(C) the additional actions or activities 
                necessary for those entities to meet the qualifications 
                for such designation under subsection (a)(1).''.

SEC. 9. COORDINATION.

    Not later than February 15 of each year, the Under Secretary of 
Commerce for Oceans and Atmosphere and the Director of the National 
Science Foundation shall jointly submit to the Committees on Resources 
and Science of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on how the 
oceans and coastal research activities of the National Oceanic and 
Atmospheric Administration, including the Coastal Ocean Program and the 
National Sea Grant College Program, and of the National Science 
Foundation will be coordinated during the fiscal year following the 
fiscal year in which the report is submitted. The report shall describe 
in detail any overlapping ocean and coastal research interests between 
the agencies and specify how such research interests will be pursued by 
the programs in a complementary manner.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                               H. R. 3389

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                               AMENDMENT