Evaluation of the Sea Grant Program Review Process (2006)

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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 



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 

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. 

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, 

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 

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. 

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.-- 

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. 

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 

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 



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;''. 

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 

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); 

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 

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. Æ 03 Dec 03, 2002 Jkt 019139 PO 00299 Frm 00005 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL299.107 APPS24 PsN: PUBL299