[House Report 107-514]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-514

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 PROVIDING FOR CONSIDERATION OF H.R. 3389, NATIONAL SEA GRANT COLLEGE 
                     PROGRAM ACT AMENDMENTS OF 2002

                                _______
                                

   June 18, 2002.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Diaz-Balart, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 446]

    The Committee on Rules, having had under consideration 
House Resolution 446, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3389, the 
National Sea Grant College Program Act Amendments of 2002, 
under an open rule. The rule provides one hour of general 
debate, with 40 minutes equally divided and controlled by the 
chairman and ranking minority member of the Committee on 
Resources and 20 minutes equally divided and controlled by the 
chairman and ranking minority member of the Committee on the 
Science.
    The rule provides that in lieu of the amendments 
recommended by the Committee on Resources and the Committee on 
Science now printed in the bill, it shall be in order to 
consider as an original bill for the purpose of amendment the 
amendment in the nature of a substitute printed in this report.
    The rule waives all points of order against the amendment 
in the nature of a substitute. The rule further provides that 
the amendment in the nature of a substitute shall be open for 
amendment by section.
    The rule allows the Chairman of the Committee of the Whole 
to accord priority in recognition to Members who have pre-
printed their amendments in the Congressional Record. Finally, 
the rule provides one motion to recommit with or without 
instructions.

SUMMARY OF AMENDMENT MADE IN ORDER AS AN ORIGINAL BILL FOR THE PURPOSE 
                              OF AMENDMENT

    Gilchrest: Manager's amendment in the nature of a 
substitute. Reflects a bipartisan consensus between the 
Resources and Science Committees, which have each reported out 
their own versions of H.R. 3389. Reauthorizes the National Sea 
Grant College Program for 5 years and keeps it in the National 
Oceanic and Atmospheric Administration (NOAA). Reauthorizes 
NOAA's Coastal Ocean Program, but does not consolidate the two 
programs.

TEXT OF AMENDMENT MADE IN ORDER AS AN ORIGINAL BILL FOR THE PURPOSE OF 
                               AMENDMENT

  Strike 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) Ranking of Programs.--Section 204(d)(3)(A) of the 
National Sea Grant College Program Act (33 U.S.C. 
1123(d)(3)(A)) is amended by inserting ``and competitively 
rank'' after ``evaluate''.
  (c) Functions of Director.--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) 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.''.
  (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 is 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 amount 
        authorized under paragraph (1), there is 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.
  ``(b) Program Elements.--
          ``(1) Limitation.--No more than 5 percent of the 
        lesser of--
                  ``(A) the amount authorized to be 
                appropriated; or
                  ``(B) the amount appropriated,
        for each fiscal year under subsection (a)(1) may be 
        used to fund the program element contained in section 
        204(b)(2).
          ``(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 2002 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--
          ``(1) sea grant programs that, based on the 
        evaluation and competitive ranking required under 
        section 204(d)(3)(A), are determined to be the best 
        managed and to carry out the highest quality research, 
        education, extension, and training activities;
          ``(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; or
          ``(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.''.

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.

SEC. 10. COASTAL OCEAN PROGRAM.

  Section 201(c) of Public Law 102-567 is amended by--
          (1) striking ``Of the sums authorized under 
        subsection (b)(1), $17,352,000 for each of the fiscal 
        years 1992 and 1993 are authorized to be appropriated'' 
        and inserting ``There are authorized to be appropriated 
        to the Secretary of Commerce $35,000,000 for each of 
        the fiscal years 2003 to 2008''; and
          (2) striking ``to promote development of ocean 
        technology,''.

                                  
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