In the Senate of the United States,
October 11 (legislative day, October 10), 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 3389) entitled ‘‘An Act to reauthorize the Na-
tional Sea Grant College Program Act, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Sea Grant Col-
lege Program Act Amendments of 2002’’.
†
HR 3389 EAS
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 col-
laborations 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 Col-
lege Program Act (33 U.S.C. 1123(d)(3)(A)) is
amended to read as follows:
†
HR 3389 EAS
‘‘(A)(i) evaluate the performance of the pro-
grams of sea grant colleges and sea grant insti-
tutes, using the priorities, guidelines, and quali-
fications established by the Secretary under sub-
section (c), and determine which of the programs
are the best managed and carry out the highest
quality research, education, extension, and train-
ing 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 PROC-
ESS.—(A) After 3 years after the date of the enact-
ment 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 evalua-
tion and rating system under the amendment
made by paragraph (1) in determining the rel-
ative performance of programs of sea grant col-
leges and sea grant institutes;
†
HR 3389 EAS
(ii) to evaluate whether the sea grant pro-
grams have improved as a result of the evalua-
tion process; and
(iii) to make appropriate recommendations
to improve the overall effectiveness of the evalua-
tion process.
(B) The National Academy of Sciences shall sub-
mit a report to the Congress on the findings and rec-
ommendations of the panel under subparagraph (A)
by not later than 4 years after the date of the enact-
ment 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 coordina-
tion and cooperation between the research,
education, and outreach programs of the
Administration and those of academic insti-
tutions; and’’.
SEC. 4. COST SHARE.
Section 205(a) of the National Sea Grant College Pro-
gram Act (33 U.S.C. 1124(a)) is amended by striking ‘‘sec-
tion 204(d)(6)’’ and inserting ‘‘section 204(c)(4)(F)’’.
†
HR 3389 EAS
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 minor-
ity and economically disadvantaged students to the pro-
gram 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 Na-
tional Sea Grant College Program Act Amendments of
2002, and 4 years for a member appointed or reappointed
†
HR 3389 EAS
zebra mussels and other important aquatic non-
native species;
‘‘(B) $5,000,000 for competitive grants for
university research on oyster diseases, oyster res-
toration, 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, includ-
ing 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 fund-
ing.
‘‘(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 appro-
priated 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
†
HR 3389 EAS
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) ex-
ceed 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 combina-
tion of the following:
‘‘(1) sea grant programs, according to their rat-
ing under section 204(d)(3)(A);
‘‘(2) national strategic investments authorized
under section 204(b)(4);
‘‘(3) a college, university, institution, associa-
tion, 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).’’.
†
HR 3389 EAS
SEC. 8. ANNUAL REPORT ON PROGRESS IN BECOMING DES-
IGNATED AS SEA GRANT COLLEGES AND SEA
GRANT INSTITUTES.
Section 207 of the National Sea Grant College Pro-
gram 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 Rep-
resentatives, and to the Committee on Commerce,
Science, and Transportation of the Senate, on efforts
and progress made by colleges, universities, institu-
tions, 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 col-
leges.
‘‘(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;
†
HR 3389 EAS
‘‘(B) the administrative, technical, and fi-
nancial 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 qualifica-
tions 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 Col-
lege 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 de-
scribe in detail any overlapping ocean and coastal research
interests between the agencies and specify how such research
†
HR 3389 EAS
interests will be pursued by the programs in a complemen-
tary manner.
Attest:
Secretary.