[Congressional Record Volume 148, Number 133 (Thursday, October 10, 2002)]
[Senate]
[Pages S10397-S10398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       NATIONAL SEA GRANT COLLEGE PROGRAM ACT AMENDMENTS OF 2002

  Mr. REID. Mr. President, I ask unanimous consent the Senate now 
proceed to H.R. 3389, Calendar No. 463.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3389) to reauthorize the National Sea Grant 
     College Program Act, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Senator Kerry has an amendment at the desk. I ask unanimous 
consent the amendment be considered and agreed to, the motion to 
reconsider be laid on the table, the bill as amended be read a third 
time, passed, the motion to reconsider be laid on the table, and any 
statements relating thereto be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4878) was agreed to, as follows:

(Purpose: To reauthorize the National Sea Grant Program, and for other 
                               purposes)

       Strike out all after the enacting clause and insert the 
     following:

     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

[[Page S10398]]

     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 much research interests will be 
     pursued by the programs in a complementary manner:

  The bill (H.R. 3389), as amended, was read the third time and passed.

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