Text: H.R.5618 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-394 (10/13/2008)

 
[110th Congress Public Law 394]
[From the U.S. Government Printing Office]


[DOCID: f:publ394.110]

[[Page 122 STAT. 4205]]

Public Law 110-394
110th Congress

                                 An Act


 
To reauthorize and amend the National Sea Grant College Program Act, and 
       for other purposes. <<NOTE: Oct. 13, 2008 -  [H.R. 5618]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Sea Grant 
College Program Amendments Act of 2008. 33 USC 1121 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Sea Grant College Program 
Amendments Act of 2008''.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided therein, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 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 AND PURPOSE.

    (a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is amended--
            (1) by striking subparagraphs (D) and (E) of paragraph (1) 
        and inserting the following:
                    ``(D) encourage the development of preparation, 
                forecast, analysis, mitigation, response, and recovery 
                systems for coastal hazards;
                    ``(E) understand global environmental processes and 
                their impacts on ocean, coastal, and Great Lakes 
                resources; and'';
            (2) by striking ``program of research, education,'' in 
        paragraph (2) and inserting ``program of integrated research, 
        education, extension,''; and
            (3) by striking paragraph (6) and inserting the following:
            ``(6) The National Oceanic and Atmospheric Administration, 
        through the national sea grant college program, offers the most 
        suitable locus and means for such commitment and engagement 
        through the promotion of activities that will result in greater 
        such understanding, assessment, development, management, 
        utilization, and conservation of ocean, coastal, and Great Lakes 
        resources. 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, including strong collaborations between 
        Administration scientists and research and outreach personnel at 
        academic institutions.''.

[[Page 122 STAT. 4206]]

    (b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended by 
striking ``to promote research, education, training, and advisory 
service activities'' and inserting ``to promote integrated research, 
education, training, and extension services and activities''.
    (c) Terminology.--Subsections (a) and (b) of section 202 (15 U.S.C. 
1121(a) and (b)) are amended by inserting ``management,'' after 
``development,'' each place it appears.

SEC. 4. DEFINITIONS.

    (a) In General.--Section 203 (33 U.S.C. 1122) is amended--
            (1) in paragraph (4) by inserting ``management,'' after 
        ``development,'';
            (2) in paragraph (11) by striking ``advisory services'' and 
        inserting ``extension services''; and
            (3) in each of paragraphs (12) and (13) by striking ``(33 
        U.S.C. 1126)''.

    (b) Repeal.--Section 307 of the Act entitled ``An Act to provide for 
the designation of the Flower Garden Banks National Marine Sanctuary'' 
(Public Law 102-251; 106 Stat. 66) <<NOTE: 33 USC 1122.>> is repealed.

SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.

    (a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) is 
amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) sea grant programs that comprise a national sea grant 
        college program network, including international projects 
        conducted within such programs and regional and national 
        projects conducted among such programs;'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) administration of the national sea grant college 
        program and this title by the national sea grant office and the 
        Administration;''; and
            (3) by amending paragraph (4) to read as follows:
            ``(4) any regional or national strategic investments in 
        fields relating to ocean, coastal, and Great Lakes resources 
        developed in consultation with the Board and with the approval 
        of the sea grant colleges and the sea grant institutes.''.

    (b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 1123(c)(2)) 
is amended by striking ``Within 6 months of the date of enactment of the 
National Sea Grant College Program Reauthorization Act of 1998, the'' 
and inserting ``The''.
    (c) Functions of Director of National Sea Grant College Program.--
Section 204(d) (33 U.S.C. 1123(d)) is amended--
            (1) in paragraph (2)(A), by striking ``long range'';
            (2) in paragraph (3)(A)--
                    (A) by striking ``(A)(i) evaluate'' and inserting 
                ``(A) evaluate and assess'';
                    (B) by striking ``activities; and'' and inserting 
                ``activities;''; and
                    (C) by striking clause (ii); and
            (3) in paragraph (3)(B)--
                    (A) by redesignating clauses (ii) through (iv) as 
                clauses (iii) through (v), respectively, and by 
                inserting after clause (i) the following:
                          ``(ii) encourage collaborations among sea 
                      grant colleges and sea grant institutes to address 
                      regional and national priorities established under 
                      subsection (c)(1);'';

[[Page 122 STAT. 4207]]

                    (B) in clause (iii) (as so redesignated) by striking 
                ``encourage'' and inserting ``ensure'';
                    (C) in clause (iv) (as so redesignated) by striking 
                ``and'' after the semicolon;
                    (D) by inserting after clause (v) (as so 
                redesignated) the following:
                    ``(vi) encourage cooperation with Minority Serving 
                Institutions to enhance collaborative research 
                opportunities and increase the number of such students 
                graduating in NOAA science areas; and''.

SEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS.

    Section 205 (33 U.S.C. 1124) is amended--
            (1) by striking ``204(c)(4)(F).'' in subsection (a) and 
        inserting ``204(c)(4)(F) or that are appropriated under section 
        208(b).''; and
            (2) by striking the matter following paragraph (3) in 
        subsection (b) and inserting the following:

    ``The total amount that may be provided for grants under this 
subsection during any fiscal year shall not exceed an amount equal to 5 
percent of the total funds appropriated for such year under section 
212.''.

SEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT 
            INSTITUTES.

    Section 207(a) (33 U.S.C. 1126(a)) is amended in each of paragraphs 
(2)(B) and (3)(B) by striking ``advisory services'' and inserting 
``extension services''.

SEC. 8. FELLOWSHIPS.

    Section 208(a) (33 U.S.C. 1127) is amended--
            (1) by striking ``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,'' in 
        subsection (a) and inserting ``Every 2 years,''; and
            (2) by adding at the end the following:

    ``(c) Restriction on Use of Funds.--Amounts available for 
fellowships under this section, including amounts accepted under section 
204(c)(4)(F) or appropriated under section 212 to implement this 
section, shall be used only for award of such fellowships and 
administrative costs of implementing this section.''

SEC. 9. <<NOTE: 33 USC 1128 note.>> NATIONAL SEA GRANT ADVISORY BOARD.

    (a) Redesignation of Sea Grant Review Panel as Board.--
            (1) Redesignation.--The sea grant review panel established 
        by section 209 of the National Sea Grant College Program Act (33 
        U.S.C. 1128), as in effect before the date of the enactment of 
        this Act, is redesignated as the National Sea Grant Advisory 
        Board.
            (2) Membership not affected.--An individual serving as a 
        member of the sea grant review panel immediately before date of 
        the enactment of this Act may continue to serve as a member of 
        the National Sea Grant Advisory Board until the expiration of 
        such member's term under section 209(c) of such Act (33 U.S.C. 
        1128(c)).
            (3) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to such

[[Page 122 STAT. 4208]]

        sea grant review panel is deemed to be a reference to the 
        National Sea Grant Advisory Board.
            (4) Conforming amendments.--
                    (A) In general.--Section 209 (33 U.S.C. 1128) is 
                amended by striking so much as precedes subsection (b) 
                and inserting the following:

``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.

    ``(a) Establishment.--There shall be an independent committee to be 
known as the National Sea Grant Advisory Board.''.
                    (B) Definition.--Section 203(9) (33 U.S.C. 1122(9)) 
                is amended to read as follows:
            ``(9) The term `Board' means the National Sea Grant Advisory 
        Board established under section 209.'';
                    (C) Other provisions.--The following provisions are 
                each amended by striking ``panel'' each place it appears 
                and inserting ``Board'':
                          (i) Section 204 (33 U.S.C. 1123).
                          (ii) Section 207 (33 U.S.C. 1126).
                          (iii) Section 209 (33 U.S.C. 1128).

    (b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended to read 
as follows:
    ``(b) Duties.--
            ``(1) In general.--The Board shall advise the Secretary and 
        the Director concerning--
                    ``(A) strategies for utilizing the sea grant college 
                program to address the Nation's highest priorities 
                regarding the understanding, assessment, development, 
                management, utilization, and conservation of ocean, 
                coastal, and Great Lakes resources;
                    ``(B) the designation of sea grant colleges and sea 
                grant institutes; and
                    ``(C) such other matters as the Secretary refers to 
                the Board for review and advice.
            ``(2) Biennial report.--The Board shall report to the 
        Congress every two years on the state of the national sea grant 
        college program. The Board shall indicate in each such report 
        the progress made toward meeting the priorities identified in 
        the strategic plan in effect under section 204(c). The Secretary 
        shall make available to the Board such information, personnel, 
        and administrative services and assistance as it may reasonably 
        require to carry out its duties under this title.''.

    (c) Membership, Terms, and Powers.--Section 209(c)(1) (33 U.S.C. 
1128(c)(1)) is amended--
            (1) by inserting ``coastal management,'' after ``resource 
        management,''; and
            (2) by inserting ``management,'' after ``development,''.

    (d) Extension of Term.--Section 209(c)(3) (33 U.S.C. 1128(c)(3)) is 
amended by striking the second sentence and inserting the following: 
``The Director may extend the term of office of a voting member of the 
Board once by up to 1 year.''.
    (e) Establishment of Subcommittees.--Section 209(c) (33 U.S.C. 
1128(c)) is amended by adding at the end the following:
    ``(8) The Board may establish such subcommittees as are reasonably 
necessary to carry out its duties under subsection (b). Such 
subcommittees may include individuals who are not Board members.''.

[[Page 122 STAT. 4209]]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Section 212 of the National Sea Grant College Program Act (33 U.S.C. 
1131) is amended--
            (1) by striking subsection (a)(1) and inserting the 
        following: ``
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary to carry out this title--
            ``(A) $72,000,000 for fiscal year 2009;
            ``(B) $75,600,000 for fiscal year 2010;
            ``(C) $79,380,000 for fiscal year 2011;
            ``(D) $83,350,000 for fiscal year 2012;
            ``(E) $87,520,000 for fiscal year 2013; and
            ``(F) $91,900,000 for fiscal year 2014.'';
            (2) in subsection (a)(2)--
                    (A) by striking ``fiscal years 2003 through 2008--'' 
                and inserting ``fiscal years 2009 through 2014--'';
                    (B) by striking ``biology and control of zebra 
                mussels and other important aquatic'' in subparagraph 
                (A) and inserting ``biology, prevention, and control of 
                aquatic''; and
                    (C) by striking ``blooms, including Pfiesteria 
                piscicida; and'' in subparagraph (C) and inserting 
                ``blooms; and'';
            (3) in subsection (c)(1) by striking ``rating under section 
        204(d)(3)(A)'' and inserting ``performance assessments''; and
            (4) by striking subsection (c)(2) and inserting the 
        following:

    ``(2) regional or national strategic investments authorized under 
section 204(b)(4);''.

    Approved October 13, 2008.

LEGISLATIVE HISTORY--H.R. 5618 (S. 3160):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-701, Pt. 1 (Comm. on Natural Resources) and Pt. 2 
(Comm. on Science and Technology).
SENATE REPORTS: No. 110-508 accompanying S. 3160 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            July 14, considered and passed House.
            Sept. 26, considered and passed Senate, amended.
            Sept. 29, House concurred in Senate amendment.

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