[107th Congress Public Law 299]
[From the U.S. Government Printing Office]


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[DOCID: f:publ299.107]


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Public Law 107-299
107th Congress

                                 An Act


 
To reauthorize the National Sea Grant College Program Act, and for other 
            purposes. <<NOTE: Nov. 26, 2002 -  [H.R. 3389]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Sea Grant College 
Program Act Amendments of 2002.>> assembled,

SECTION 1. <<NOTE: 33 USC 1121 note.>> 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;''.

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            (2) Review <<NOTE: Contracts. 33 USC 1123 note.>> 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) <<NOTE: Reports. Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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

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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);

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            ``(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 <<NOTE: 33 USC 1126.>> 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. <<NOTE: 33 USC 857-20.>> COORDINATION.

    Not later <<NOTE: Deadline. Reports.>> 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


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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.

    Approved November 26, 2002.

LEGISLATIVE HISTORY--H.R. 3389 (S. 2428):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-369, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm. 
on Science).
SENATE REPORTS: No. 107-187 accompanying S. 2428 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            June 19, considered and passed House.
            Oct. 10, considered and passed Senate, amended.
            Nov. 12, House concurred in Senate amendment.

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