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Appendix C
Key Sea Grant Legislation1
1 National Sea Grant College and Program Act of 1966 (P.L. 89688)
2 National Sea Grant College Program Reauthorization Act of 1998
(P.L. 105160)
3 National Sea Grant College Program Act Amendments of 2002
(P.L. 107299)
1See Appendix H for U.S. Code, Title 33, Chapter 22.
111
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APPENDIX C 113
PUBLIC LAW 89-688--OCTOBER 15, 1966 H.R. 16559
National Sea Grant College and Program Act of 1966
Public Law 89688
October 15, 1966 (H.R. 16559)
An Act
To amend the Marine Resources and Engineering Development Act of
1966 to authorize the establishment and operation of sea grant colleges
and programs by initiating and supporting programs of education and
research in the various fields relating to the development of marine re-
sources, and for other purposes.
National Sea Grant College and Program Act of 1966. Ant.p.203
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled. That the Marine Resources and
Engineering Development Act of 1966 is amended by adding at the end
thereof the following new Title:
Title II--Sea Grant Colleges and Program
Short Title
Sec. 202. The Congress hereby finds and declares--
(a) that marine resources, including animal and vegetable life
and mineral wealth, constitute a far-reaching and largely untapped asset
of immense potential significance to the United States; and
(b) that it is in the national interest of the United States to de-
velop the skilled manpower, including scientists, engineers, and techni-
cians, and the facilities and equipment necessary for the exploitation of
these resources; and
(c) that aquaculture, as with agriculture on land, and the gainful
use of marine resources can substantially benefit the United States, and
ultimately the people of the world, by providing greater economic oppor-
tunities, including expanded employment and commerce; the enjoyment
and use of our marine resources; new sources of food; and new means for
the development of marine resources; and
(d) that federal support toward the establishment, development,
and operation of programs by sea grant colleges and federal support of
other sea grant programs designed to achieve the gainful use of marine
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114 APPENDIX C
resources, offer the best means of promoting programs toward the goals
set forth in clauses (a), (b), and (c), and should be undertaken by the
federal government; and
(e) that in view of the importance of achieving the earliest pos-
sible institution of significant national activities related to the develop-
ment of marine resources, it is the purpose of this title to provide for the
establishment of a program of sea grant colleges and education, training,
and research in the fields of marine science, engineering and related disci-
plines.
The provisions of this title shall be administered by the National
Science Foundation Research programs, etc.
The foundation [the National Science Foundation] shall exercise
its authority under this title by initiating and supporting programs at sea
grant colleges and other suitable institutes, laboratories, and public or
private agencies for the education of participants in the various fields
relating to the development of marine resources with preference given to
research aimed at practices, techniques, and design of equipment appli-
cable to the development of marine resources; encouraging and develop-
ing programs consisting of instruction, practical demonstrations, publica-
tions with the object of imparting useful information to persons currently
employed or interested in the various fields related to the development of
marine resources.
The term "development of marine resources" means scientific
endeavors relating to the marine environment, including but not limited
to the fields oriented toward the development, conservation, or economic
utilization of the physical, chemical, geological and biological resources
of the marine environment, the fields of marine commerce and marine
engineering, the fields relating to exploration or research in, the recover
of natural resources from, and the transmission of energy in, the marine
environment; the fields of oceanography and oceanology and the fields
with respect to the study of the economic, legal, medical or sociological
problems arising out of the management, use, development recovery and
control of the natural resources of the marine environment. The term
marine environment means the oceans, the Continental Shelf of the United
States, the Great Lakes, the seabed and subsoil of the submarine areas
adjacent to the coasts of the United States to the depth of two hundred
meters or beyond that limit.
The term Sea Grant Program means any suitable public or pri-
vate institution of higher education conducting any activities of educa-
tion, research and advisory services oriented toward imparting informa-
tion in fields related to the development of marine resources supported
by the foundation.
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APPENDIX C 115
PUBLIC LAW 105160--MAR. 6, 1998 112 STAT. 21
Public Law 105160
105th Congress
An Act
Mar. 6, 1998
To reauthorize the Sea Grant Program.
[S. 927]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, National Sea
Grant College
SECTION 1. SHORT TITLE. Program
Reauthorization
This Act may be cited as the ``National Sea Grant College Act of 1998.
Program Reauthorization Act of 1998''. 33 USC 1121
note.
SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM
ACT.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
or repeal to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision
of the National Sea Grant College Program Act (33 U.S.C. 1121
et seq.).
SEC. 3. FINDINGS.
(a) Section 202(a)(1) (33 U.S.C. 1121(a)(1)) is amended--
(1) by redesignating subparagraphs (D) and (E) as subpara-
graphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following:
``(D) encourage the development of forecast and analy-
sis systems for coastal hazards;''.
(b) Section 202(a)(6) (33 U.S.C. 1121(a)(6)) is amended by strik-
ing the second sentence and inserting the following: ``The most
cost-effective way to promote such activities is through continued
and increased Federal support of the establishment, development,
and operation of programs and projects by sea grant colleges, sea
grant institutes, and other institutions.''.
SEC. 4. DEFINITIONS.
(a) Section 203 (33 U.S.C. 1122) is amended--
(1) in paragraph (3)--
(A) by striking ``their university or'' and inserting ``his
or her''; and
(B) by striking ``college, programs, or regional consor-
tium'' and inserting ``college or sea grant institute'';
(2) by striking paragraph (4) and inserting the following:
``(4) The term `field related to ocean, coastal, and Great
Lakes resources' means any discipline or field, including marine
affairs, resource management, technology, education, or science,
which is concerned with or likely to improve the understanding,
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116 APPENDIX C
PUBLIC LAW 105160--MAR. 6, 1998 112 STAT. 27
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(d) NOTICE OF REORGANIZATION.--The Secretary of Commerce 33 USC 1123
shall provide notice to the Committees on Science, Resources, and note.
Appropriations of the House of Representatives and the Committees
on Commerce, Science, and Transportation and Appropriations of
the Senate, not later than 45 days before any major reorganization
of any program, project, or activity of the National Sea Grant
College Program.
SEC. 10. ADMINISTRATIVE LAW JUDGES. 15 USC 1541.
Notwithstanding section 559 of title 5, United States Code,
with respect to any marine resource conservation law or regulation
administered by the Secretary of Commerce acting through the
National Oceanic and Atmospheric Administration, all adjudicatory
functions which are required by chapter 5 of title 5 of such Code
to be performed by an Administrative Law Judge may be performed
by the United States Coast Guard on a reimbursable basis. Should
the United States Coast Guard require the detail of an Administra-
tive Law Judge to perform any of these functions, it may request
such temporary or occasional assistance from the Office of Personnel
Management pursuant to section 3344 of title 5, United States
Code.
Approved March 6, 1998.
LEGISLATIVE HISTORY--S. 927:
SENATE REPORTS: No. 105150 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD:
Vol. 143 (1997): Nov. 13, considered and passed Senate.
Vol. 144 (1998): Feb. 11, considered and passed House, amended.
Feb. 12, Senate concurred in House amendment.
Æ
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APPENDIX C 117
PUBLIC LAW 105160--MAR. 6, 1998 112 STAT. 23
``(1) sea grant programs which comprise a national sea
grant college program network, including international projects
conducted within such programs;
``(2) administration of the national sea grant college pro-
gram and this title by the national sea grant office, the Adminis-
tration, and the panel;
``(3) the fellowship program under section 208; and
``(4) any national strategic investments in fields relating
to ocean, coastal, and Great Lakes resources developed with
the approval of the panel, the sea grant colleges, and the
sea grant institutes.
``(c) RESPONSIBILITIES OF THE SECRETARY.--
``(1) The Secretary, in consultation with the panel, sea
grant colleges, and sea grant institutes, shall develop a long-
range strategic plan which establishes priorities for the national
sea grant college program and which provides an appropriately
balanced response to local, regional, and national needs.
``(2) Within 6 months of the date of enactment of the Guidelines.
National Sea Grant College Program Reauthorization Act of
1998, the Secretary, in consultation with the panel, sea grant
colleges, and sea grant institutes, shall establish guidelines
related to the activities and responsibilities of sea grant colleges
and sea grant institutes. Such guidelines shall include require-
ments for the conduct of merit review by the sea grant colleges
and sea grant institutes of proposals for grants and contracts
to be awarded under section 205, providing, at a minimum,
for standardized documentation of such proposals and peer
review of all research projects.
``(3) The Secretary shall by regulation prescribe the quali- Regulations.
fications required for designation of sea grant colleges and
sea grant institutes under section 207.
``(4) To carry out the provisions of this title, the Secretary
may--
``(A) appoint, assign the duties, transfer, and fix the
compensation of such personnel as may be necessary, in
accordance with civil service laws;
``(B) make appointments with respect to temporary and
intermittent services to the extent authorized by section
3109 of title 5, United States Code;
``(C) publish or arrange for the publication of, and
otherwise disseminate, in cooperation with other offices
and programs in the Administration and without regard
to section 501 of title 44, United States Code, any informa-
tion of research, educational, training or other value in
fields related to ocean, coastal, or Great Lakes resources;
``(D) enter into contracts, cooperative agreements, and
other transactions without regard to section 5 of title 41,
United States Code;
``(E) notwithstanding section 1342 of title 31, United
States Code, accept donations and voluntary and
uncompensated services;
``(F) accept funds from other Federal departments and
agencies, including agencies within the Administration, to
pay for and add to grants made and contracts entered
into by the Secretary; and
``(G) promulgate such rules and regulations as may
be necessary and appropriate.
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118 APPENDIX C
112 STAT. 24 PUBLIC LAW 105160--MAR. 6, 1998
``(d) DIRECTOR OF THE NATIONAL SEA GRANT COLLEGE PRO-
GRAM.--
``(1) The Secretary shall appoint, as the Director of the
National Sea Grant College Program, a qualified individual
who has appropriate administrative experience and knowledge
or expertise in fields related to ocean, coastal, and Great Lakes
resources. The Director shall be appointed and compensated,
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, at a rate
payable under section 5376 of title 5, United States Code.
``(2) Subject to the supervision of the Secretary, the Director
shall administer the national sea grant college program and
oversee the operation of the national sea grant office. In addi-
tion to any other duty prescribed by law or assigned by the
Secretary, the Director shall--
``(A) facilitate and coordinate the development of a
long-range strategic plan under subsection (c)(1);
``(B) advise the Secretary with respect to the expertise
and capabilities which are available within or through the
national sea grant college program and encourage the use
of such expertise and capabilities, on a cooperative or other
basis, by other offices and activities within the Administra-
tion, and other Federal departments and agencies;
``(C) advise the Secretary on the designation of sea
grant colleges and sea grant institutes, and, if appropriate,
on the termination or suspension of any such designation;
and
``(D) encourage the establishment and growth of sea
grant programs, and cooperation and coordination with
other Federal activities in fields related to ocean, coastal,
and Great Lakes resources.
``(3) With respect to sea grant colleges and sea grant
institutes, the Director shall--
``(A) evaluate the programs of sea grant colleges and
sea grant institutes, using the priorities, guidelines, and
qualifications established by the Secretary;
``(B) subject to the availability of appropriations, allo-
cate funding among sea grant colleges and sea grant
institutes so as to--
``(i) promote healthy competition among sea grant
colleges and institutes;
``(ii) encourage successful implementation of sea
grant programs; and
``(iii) to the maximum extent consistent with other
provisions of this Act, provide a stable base of funding
for sea grant colleges and institutes; and
``(C) ensure compliance with the guidelines for merit
review under subsection (c)(2).''.
SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.
Section 3 of the Sea Grant Program Improvement Act of 1976
(33 U.S.C. 1124a) is repealed.
SEC. 7. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
Section 207 (33 U.S.C. 1126) is amended to read as follows:
``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
``(a) DESIGNATION.--
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APPENDIX C 119
PUBLIC LAW 105160--MAR. 6, 1998 112 STAT. 25
``(1) A sea grant college or sea grant institute shall meet
the following qualifications--
``(A) have an existing broad base of competence in
fields related to ocean, coastal, and Great Lakes resources;
``(B) make a long-term commitment to the objective
in section 202(b), as determined by the Secretary;
``(C) cooperate with other sea grant colleges and
institutes and other persons to solve problems or meet
needs relating to ocean, coastal, and Great Lakes resources;
``(D) have received financial assistance under section
205 of this title (33 U.S.C. 1124);
``(E) be recognized for excellence in fields related to
ocean, coastal, and Great Lakes resources (including
marine resources management and science), as determined
by the Secretary; and
``(F) meet such other qualifications as the Secretary,
in consultation with the panel, considers necessary or
appropriate.
``(2) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as
a sea grant college if the institution, association, or alliance--
``(A) meets the qualifications in paragraph (1); and
``(B) maintains a program of research, advisory serv-
ices, training, and education in fields related to ocean,
coastal, and Great Lakes resources.
``(3) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as
a sea grant institute if the institution, association, or alliance--
``(A) meets the qualifications in paragraph (1); and
``(B) maintains a program which includes, at a mini-
mum, research and advisory services.
``(b) EXISTING DESIGNEES.--Any institution, or association or
alliance of two or more such institutions, designated as a sea
grant college or awarded institutional program status by the Direc-
tor prior to the date of enactment of the National Sea Grant
College Program Reauthorization Act of 1998, shall not have to
reapply for designation as a sea grant college or sea grant institute,
respectively, after the date of enactment of the National Sea Grant
College Program Reauthorization Act of 1998, if the Director deter-
mines that the institution, or association or alliance of institutions,
meets the qualifications in subsection (a).
``(c) SUSPENSION OR TERMINATION OF DESIGNATION.--The Sec-
retary may, for cause and after an opportunity for hearing, suspend
or terminate any designation under subsection (a).
``(d) DUTIES.--Subject to any regulations prescribed or guide-
lines established by the Secretary, it shall be the responsibility
of each sea grant college and sea grant institute--
``(1) to develop and implement, in consultation with the
Secretary and the panel, a program that is consistent with
the guidelines and priorities established under section 204(c);
and
``(2) to conduct a merit review of all proposals for grants
and contracts to be awarded under section 205.''.
SEC. 8. SEA GRANT REVIEW PANEL.
(a) Section 209(a) (33 U.S.C. 1128(a)) is amended by striking
the second sentence.
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120 APPENDIX C
112 STAT. 26 PUBLIC LAW 105160--MAR. 6, 1998
(b) Section 209(b) (33 U.S.C. 1128(b)) is amended--
(1) by striking ``The Panel'' and inserting ``(b) DUTIES.--
The panel'';
(2) by striking ``and section 3 of the Sea Grant College
Program Improvement Act of 1976'' in paragraph (1); and
(3) by striking ``regional consortia'' in paragraph (3) and
inserting ``institutes''.
(c) Section 209(c) (33 U.S.C. 1128(c)) is amended--
(1) in paragraph (1) by striking ``college, sea grant regional
consortium, or sea grant program'' and inserting ``college or
sea grant institute''; and
(2) by striking paragraph (5)(A) and inserting the following:
``(A) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable
under section 5376 of title 5, United States Code, when
actually engaged in the performance of duties for such
panel; and''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) GRANTS, CONTRACTS, AND FELLOWSHIPS.--Section 212(a) (33
U.S.C. 1131(a)) is amended to read as follows:
``(a) AUTHORIZATION.--
``(1) IN GENERAL.--There is authorized to be appropriated
to carry out this Act--
``(A) $56,000,000 for fiscal year 1999;
``(B) $57,000,000 for fiscal year 2000;
``(C) $58,000,000 for fiscal year 2001;
``(D) $59,000,000 for fiscal year 2002; and
``(E) $60,000,000 for fiscal year 2003.
``(2) ZEBRA MUSSEL AND OYSTER RESEARCH.--In addition
to the amount authorized for each fiscal year under paragraph
(1)--
``(A) up to $2,800,000 may be made available as pro-
vided in section 1301(b)(4)(A) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4741(b)(4)(A)) for competitive grants for university research
on the zebra mussel;
``(B) up to $3,000,000 may be made available for
competitive grants for university research on oyster dis-
eases and oyster-related human health risks; and
``(C) up to $3,000,000 may be made available for
competitive grants for university research on Pfiesteria
piscicida and other harmful algal blooms.''.
(b) LIMITATION ON CERTAIN FUNDING.--Section 212(b)(1) (33
U.S.C. 1131(b)(1)) is amended to read as follows:
``(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) may be used to fund
the program element contained in section 204(b)(2).''.
33 USC 1131 (c) NOTICE OF REPROGRAMMING.--If any funds authorized by
note. this section are subject to a reprogramming action that requires
notice to be provided to the Appropriations Committees of the
House of Representatives and the Senate, notice of such action
shall concurrently be provided to the Committees on Science and
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APPENDIX C 121
PUBLIC LAW 105160--MAR. 6, 1998 112 STAT. 27
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(d) NOTICE OF REORGANIZATION.--The Secretary of Commerce 33 USC 1123
shall provide notice to the Committees on Science, Resources, and note.
Appropriations of the House of Representatives and the Committees
on Commerce, Science, and Transportation and Appropriations of
the Senate, not later than 45 days before any major reorganization
of any program, project, or activity of the National Sea Grant
College Program.
SEC. 10. ADMINISTRATIVE LAW JUDGES. 15 USC 1541.
Notwithstanding section 559 of title 5, United States Code,
with respect to any marine resource conservation law or regulation
administered by the Secretary of Commerce acting through the
National Oceanic and Atmospheric Administration, all adjudicatory
functions which are required by chapter 5 of title 5 of such Code
to be performed by an Administrative Law Judge may be performed
by the United States Coast Guard on a reimbursable basis. Should
the United States Coast Guard require the detail of an Administra-
tive Law Judge to perform any of these functions, it may request
such temporary or occasional assistance from the Office of Personnel
Management pursuant to section 3344 of title 5, United States
Code.
Approved March 6, 1998.
LEGISLATIVE HISTORY--S. 927:
SENATE REPORTS: No. 105150 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD:
Vol. 143 (1997): Nov. 13, considered and passed Senate.
Vol. 144 (1998): Feb. 11, considered and passed House, amended.
Feb. 12, Senate concurred in House amendment.
Æ
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APPENDIX C 123
PUBLIC LAW 107299--NOV. 26, 2002 116 STAT. 2345
Public Law 107299
107th Congress
An Act
Nov. 26, 2002
To reauthorize the National Sea Grant College Program Act, and for other purposes.
[H.R. 3389]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, National Sea
Grant College
SECTION 1. SHORT TITLE. Program Act
Amendments of
This Act may be cited as the ``National Sea Grant College 2002.
Program Act Amendments of 2002''. 33 USC 1121
note.
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;''.
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124 APPENDIX C
116 STAT. 2346 PUBLIC LAW 107299--NOV. 26, 2002
Contracts. (2) REVIEW OF EVALUATION AND RATING PROCESS.--(A) After
33 USC 1123 3 years after the date of the enactment of this Act, the Secretary
note. 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.
Reports. (B) The National Academy of Sciences shall submit a report
Deadline. 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
Deadline. students to the program carried out under this subsection. Not
Reports. 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
23:03 Dec 03, 2002 Jkt 019139 PO 00299 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL299.107 APPS24 PsN: PUBL299
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APPENDIX C 125
PUBLIC LAW 107299--NOV. 26, 2002 116 STAT. 2347
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);
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126 APPENDIX C
116 STAT. 2348 PUBLIC LAW 107299--NOV. 26, 2002
``(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
33 USC 1126. (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 Com-
mittee 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 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 assist-
ance 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 designa-
tion under subsection (a)(1).''.
33 USC 85720. SEC. 9. COORDINATION.
Deadline. Not later than February 15 of each year, the Under Secretary
Reports. 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 coordi-
nated 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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APPENDIX C 127
PUBLIC LAW 107299--NOV. 26, 2002 116 STAT. 2349
overlapping ocean and coastal research interests between the agen-
cies 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. 107369, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm. on
Science).
SENATE REPORTS: No. 107187 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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Representative terms from entire chapter:
grant program
