H. R. 3389
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To reauthorize the National Sea Grant College Program Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 COL-
LEGE 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 appro-
priately 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 prior-
ities, guidelines, and qualifications established by the Sec-
retary under subsection (c), and determine which of the
programs are the best managed and carry out the highest
quality research, education, extension, and training activi-
ties; 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 cat-
egories containing no more than 25 percent of the pro-
grams;’’.
H. R. 3389—2
(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 out-
reach 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 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
H. R. 3389—3
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 exten-
sion activities conducted by sea grant colleges or sea grant
institutes to enhance, and not supplant, existing core pro-
gram funding.
‘‘(b) LIMITATIONS.—
‘‘(1) ADMINISTRATION.—There may not be used for adminis-
tration 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 appro-
priated 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 pro-
gram, 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 pro-
gram) 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);