To reauthorize the National Sea Grant College Program Act, and for other purposes.

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 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;''.
        (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 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 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 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);
        ``(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 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. 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 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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Summary: National Sea Grant College Program Act Amendments of 2002 - Amends the National Sea Grant College Program Act to require the Secretary of Commerce to develop a strategic plan for the national sea grant college program at least quadrennially. Requires that such plan integrate with the strategic plans of the Department of Commerce and National Oceanic and Atmospheric Administration (NOAA) as well as balance local, regional, and national needs. Revises requirements for evaluation of sea grant college and institute programs. Requires the Director of the National Sea Grant College Program to rate such programs according to their relative performance into at least five categories, with each of the two best-performing categories containing at most 25 percent of the programs. Requires the Secretary, acting through the Under Secretary of Commerce for Oceans and Atmosphere, to contract with the National Academy of Sciences to evaluate such rating system. Requires the Secretary to report to Congress on efforts to ensure equal access for minority and economically disadvantaged students to the graduate and post-graduate fellowship program. Eliminates the postdoctoral fellowship program. Increases from three years to four years the membership term for the sea grant review panel. Authorizes appropriations for: (1) FY 2004 through 2008. (2) competitive grants for research on the biology and control of zebra mussels and other important aquatic nonnative species, on oyster health issues, on harmful algal blooms. And (3) competitive grants for fishery extension activities to enhance existing core program funding. Limits the percentage of funds available for administration. Requires the Secretary to distribute any appropriations in excess of FY 2003 levels to any combination of: (1) sea grant programs, according to their performance rating, (2) national strategic investments, (3) sea grant program qualifying activities. And (4) sea grant colleges or institutes designated after this Act's enactment, but not yet evaluated. Requires annual reports to specified congressional committees by: (1) the Secretary of Commerce on qualifying efforts of institutions to become a part of this program, including institutions in the territories and freely associated States. And (2) the Under Secretary of Commerce for Oceans and Atmosphere jointly with the Director of the National Science Foundation on the coordination during the following fiscal year of the ocean and coastal research activities of NOAA and the National Science Foundation.