PUBLIC LAW 110–394—OCT. 13, 2008 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. 

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 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.’’. 

National Sea 

Grant College 

Program 

Amendments Act 

of 2008. 

33 USC 1121 

note. 

Oct. 13, 2008 

[H.R. 5618] 


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122 STAT. 4206 PUBLIC LAW 110–394—OCT. 13, 2008 

(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) 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);’’; 

33 USC 1122. 


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PUBLIC LAW 110–394—OCT. 13, 2008 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. 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 

33 USC 1128 

note. 


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122 STAT. 4208 PUBLIC LAW 110–394—OCT. 13, 2008 

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.’’. 


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PUBLIC LAW 110–394—OCT. 13, 2008 122 STAT. 4209 

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. 

Æ 

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. 


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