[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3389 Enrolled Bill (ENR)]
H.R.3389
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To reauthorize the National Sea Grant College Program Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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; and
``(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.