[107th Congress Public Law 299]
[From the U.S. Government Printing Office]
<DOC>
[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):
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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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