National Sea Grant College Program Reauthorization Act of 1998
PL 105-160 (S.927), enacted 03/06/1998

PUBLIC LAW 105-160—MAR. 6, 1998 
112 STAT. 21 
Public Law 105-160 
105th Congress 
An Act 
To reauthorize the Sea Grant Program. 
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 Reauthorization Act of 1998". 
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, 
Mar. 6, 1998 
[S. 927] 
National Sea 
Grant College 
Program 
Reauthorization 
Act of 1998. 
33 u s e 1121 
note. 
112 STAT. 22 
PUBLIC LAW 105-160—MAR. 6, 1998 
assessment, development, utilization, or conservation of ocean, 
coastal, or Great Lakes resources."; 
(3) by redesignating paragraphs (5) through (15) as para-
graphs (7) through (17), respectively, and inserting after para-
graph (4) the following: 
"(5) The term 'Great Lakes' includes Lake Champlain. 
"(6) The term 'institution' means any public or private 
institution of higher education, institute, laboratory, or State 
or local agency."; 
(4) by striking "regional consortium, institution of higher 
education, institute, or laboratory" in paragraph (11) (as 
redesignated) and inserting "institute or other institution"; and 
(5) by striking paragraphs (12) through (17) (as redesig-
nated) and inserting after paragraph (11) the following: 
"(12) The term 'project' means any individually described 
activity in a field related to ocean, coastal, and Great Lakes 
resources involving research, education, training, or advisory 
services administered by a person with expertise in such a 
field. 
"(13) The term 'sea grant college' means any institution, 
or any association or alliance of two or more such institutions, 
designated as such by the Secretary under section 207 (33 
U.S.C. 1126) of this Act. 
"(14) The term 'sea grant institute' means any institution, 
or any association or alliance of two or more such institutions, 
designated as such by the Secretary under section 207 (33 
U.S.C. 1126) of this Act. 
"(15) The term 'sea grant program' means a program of 
research and outreach which is administered by one or more 
sea grant colleges or sea grant institutes. 
"(16) The term 'Secretary' means the Secretary of Com-
merce, acting through the Under Secretary of Commerce for 
Oceans and Atmosphere. 
"(17) The term 'State' means any State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
the Virgin Islands, Guam, American Samoa, the Commonwealth 
of the Mariana Islands, or any other territory or possession 
ofthe United States.", 
(b) The Act is amended— 
(1) in section 209(b) (33 U.S.C. 1128(b)), as amended by 
this Act, by striking ", the Under Secretary,"; and 
(2) by striking "Under Secretary" every other place it 
appeeirs £ind inserting "Secretary". 
SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM. 
Section 204 (33 U.S.C. 1123) is amended to read as follows: 
"SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM. 
"(a) PROGRAM MAINTENANCE.—The Secretary shall maintain 
within the Administration a program to be known as the national 
sea grant college program. The national sea grant college program 
shall be administered by a national sea grant office within the 
Administration. 
"(b) PROGRAM ELEMENTS.—^The national sea grant college pro-
gram shall consist of the financial assistance and other activities 
authorized in this title, and shall provide support for the following 
elements— 
PUBLIC LAW 105-160—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. 
112 STAT. 24 
PUBLIC LAW 105-160—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.— 
'^4(^4 
PUBLIC LAW 105-160—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 msinagement 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 alliamce 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 resegirch, 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, aft;er 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 grsint 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. 
112 STAT. 26 
PUBLIC LAW 105-160—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 resesirch on Pfiesteria 
piscicida and other hgirmful 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 use 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 
PUBLIC LAW 105-160—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 use 1123 
shall provide notice to the Committees on Science, Resources, and ^^te. 
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. 
15USC1541. 
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 
C o d e . 
. 
. - . . , i , . ^ : . , , , , . 
:• ' 
... 
Approved March 6, 1998. 
LEGISLATIVE HISTORY—S. 927: 
SENATE REPORTS: No. 105-150 (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.