National Sea Grant College Program Act Amendments of 2002
PL 107-299 (H.R.3389), enacted 11/26/2002

PUBLIC LAW 107-299—NOV. 26, 2002 
116 STAT. 2345 
Public Law 107-299 
107th Congress 
An Act 
To reauthorize the National Sea Grant College Program Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "National Sea Grant College 
Program Act Amendments of 2002". 
SEC. 2. AMENDMENTS TO FINDINGS. 
Section 202(a)(6) of the National Sea Grant College Program 
Act (33 U.S.C. 1121(a)(6)) is amended by striking the period at 
the end and inserting ", including strong collaborations between 
Administration scientists and scientists at academic institutions.". 
SEC. 3. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COL-
LEGE PROGRAM. 
(a) QUADRENNIAL STRATEGIC PLAN.—Section 204(c)(1) of the 
National Sea Grant College Program Act (33 U.S.C. 1123(c)(1)) 
is amended to read as follows: 
"(1) The Secretary, in consultation with the panel, sea 
grant colleges, and sea grant institutes, shall develop at least 
every 4 years a strategic plan that establishes priorities for 
the national sea grant college program, provides an appro-
priately balanced response to local, regional, and national 
needs, and is reflective of integration with the relevant portions 
of the strategic plans of the Department of Commerce and 
of the Administration.". 
(b) PROGRAM EVALUATION AND RATING.— 
(1) 
EVALUATION 
AND 
RATING 
REQUIREMENT.—Section 
204(d)(3)(A) of the National Sea Grant College Program Act 
(33 U.S.C. 1123(d)(3)(A)) is amended to read as follows: 
"(A)(i) evaluate the performance of the programs of 
sea grant colleges and sea grant institutes, using the prior-
ities, guidelines, and qualifications established by the Sec-
retary under subsection (c), and determine which of the 
programs are the best managed and carry out the highest 
quality research, education, extension, and training activi-
ties; and 
"(ii) rate the programs according to their relative 
performance (as determined under clause (i)) into no less 
than 5 categories, with each of the 2 best-performing cat-
egories containing no more than 25 percent of the pro-
grams;". 
Nov. 26, 2002 
[H.R. 3389] 
National Sea 
Grant College 
Program Act 
Amendments of 
2002. 
33 u s e 1121 
note. 
116 STAT. 2346 
PUBLIC LAW 107-299—NOV. 26, 2002 
Contracts. 
33 use 1123 
i»ote. 
Reports. 
Deadline. 
Deadline. 
Reports. 
(2) REVIEW OF EVALUATION AND RATING PROCESS.—(A) After 
3 years after the date of the enactment of this Act, the Secretary 
of Commerce, acting through the Under Secretary of Commerce 
for Oceans and Atmosphere, shall contract with the National 
Academy of Sciences— 
(i) to review the effectiveness of the evaluation and 
rating system under the amendment made by paragraph 
(1) in determining the relative performance of programs 
of sea grant colleges and sea grant institutes; 
(ii) to evaluate whether the sea grant programs have 
improved as a result of the evaluation process; and 
(iii) to make appropriate recommendations to improve 
the overall effectiveness of the evaluation process. 
(B) The National Academy of Sciences shall submit a report 
to the Congress on the findings and recommendations of the 
panel under subparagraph (A) by not later than 4 years after 
the date of the enactment of this Act. 
(c) ALLOCATION OF FUNDING.—Section 204(d)(3)(B) of the 
National Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) 
is amended by striking "and" after the semicolon at the end of 
clause (ii) and by adding at the end the following: 
"(iv) encourage and promote coordination and 
cooperation between the research, education, and out-
reach programs of the Administration and those of 
academic institutions; and". 
SEC. 4. COST SHARE. 
Section 205(a) of the National Sea Grant College Program 
Act (33 U.S.C. 1124(a)) is amended by striking "section 204(d)(6)" 
and inserting "section 204(c)(4)(F)". 
SEC. 5. FELLOWSHIPS. 
(a) ENSURING EQUAL ACCESS.—Section 208(a) of the National 
Sea Grant College Program Act (33 U.S.C. 1127(a)) is amended 
by adding at the end the following: "The Secretary shall strive 
to ensure equal access for minority and economically disadvantaged 
students to the program carried out under this subsection. Not 
later than 1 year after the date of the enactment of the National 
Sea Grant College Program Act Amendments of 2002, and every 
2 years thereafter, the Secretary shall submit a report to the 
Congress describing the efforts by the Secretary to ensure equal 
access for minority and economically disadvantaged students to 
the program carried out under this subsection, and the results 
of such efforts.". 
(b) POSTDOCTORAL FELLOWS.—Section 208(c) of the National 
Sea Grant College Program Act (33 U.S.C. 1127(c)) is repealed. 
SEC. 6. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL. 
Section 209(c)(2) of the National Sea Grant College Program 
Act (33 U.S.C. 1128(c)(2)) is amended by striking the first sentence 
and inserting the following: "The term of office of a voting member 
of the panel shall be 3 years for a member appointed before the 
date of enactment of the National Sea Grant College Program 
Act Amendments of 2002, and 4 years for a member appointed 
or reappointed after the date of enactment of the National Sea 
Grant College Program Act Amendments of 2002. The Director 
may extend the term of office of a voting member of the panel 
PUBLIC LAW 107-299—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 activ. cies 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); 
116 STAT. 2348 
PUBLIC LAW 107-299—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 use 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 use 857-20. 
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 
PUBLIC LAW 107-299—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. 107-369, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm. on 
Science). 
SENATE REPORTS: No. 107-187 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.