IIB 

110TH CONGRESS 

2D SESSION H. R. 5618 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2008 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To reauthorize and amend the National Sea Grant College 

Program Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Sea Grant 

3 College Program Amendments Act of 2008’’. 

4 SEC. 2. REFERENCES. 

5 Except as otherwise expressly provided therein, when6 ever in this Act an amendment or repeal is expressed in 

7 terms of an amendment to, or repeal of, a section or other 

8 provision, the reference shall be considered to be made to 

9 a section or other provision of the National Sea Grant Col10 lege Program Act (33 U.S.C. 1121 et seq.). 

11 SEC. 3. FINDINGS AND PURPOSE. 

12 (a) FINDINGS.—Section 202(a) (33 U.S.C. 1121(a)) 

13 is amended— 

14 (1) by amending paragraph (1)(D) to read as 

15 follows: 

16 ‘‘(D) encourage the development of prepa17 ration, forecast, analysis, mitigation, response, 

18 and recovery systems for coastal hazards;’’; 

19 (2) in paragraph (2) by striking ‘‘program of 

20 research, education,’’ and inserting ‘‘program of in21 tegrated research, education, extension,’’; and 

22 (3) by striking paragraph (6) and inserting the 

23 following: 

24 ‘‘(6) The National Ocean Research Priorities 

25 Plan and Implementation Strategy issued by the Na26 tional Science and Technology Council’s Joint Submstockstill on PROD1PC66 with BILLS

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1 committee on Ocean Science and Technology on 

2 January 26, 2007, identifies research priorities for 

3 compelling areas of interaction between society and 

4 the ocean, and calls for the engagement of a broad 

5 array of ocean science sectors (government, aca6 demia, industry, and non-government entities) to ad7 dress the areas of greatest research need and oppor8 tunity. 

9 ‘‘(7) The National Oceanic and Atmospheric 

10 Administration, through the national sea grant col11 lege program, offers the most suitable locus and 

12 means for such commitment and engagement 

13 through the promotion of activities that will result in 

14 greater such understanding, assessment, develop15 ment, utilization, and conservation. The most cost16 effective way to promote such activities is through 

17 continued and increased Federal support of the es18 tablishment, development, and operation of pro19 grams and projects by sea grant colleges, sea grant 

20 institutes, and other institutions, including strong 

21 collaborations between Administration scientists and 

22 research and outreach personnel at academic institu23 tions.’’. 

24 (b) PURPOSE.—Section 202(c) (33 U.S.C. 1121(c)) 

25 is amended by striking ‘‘to promote research, education, 

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1 training, and advisory service activities’’ and inserting ‘‘to 

2 promote integrated research, education, training, and ex3 tension activities’’. 

4 SEC. 4. DEFINITIONS. 

5 (a) AMENDMENTS.—Section 203 (33 U.S.C. 1122) is 

6 amended— 

7 (1) in paragraph (11) by striking ‘‘advisory 

8 services’’ and inserting ‘‘extension services’’; 

9 (2) in each of paragraphs (12) and (13) by 

10 striking ‘‘(33 U.S.C. 1126)’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(17) The term ‘regional research and informa13 tion plan’ means a plan developed by one or more 

14 sea grant colleges or sea grant institutes that identi15 fies regional priorities to implement the National 

16 Ocean Research Priorities Plan and Implementation 

17 Strategy. 

18 ‘‘(18) The term ‘National Ocean Research Pri19 orities Plan and Implementation Strategy’ means 

20 such plan and strategy issued by the National 

21 Science and Technology Council’s Joint Sub22 committee on Ocean Science and Technology on 

23 January 26, 2007.’’. 

24 (b) REPEAL.—Section 307 of the Act entitled ‘‘An 

25 Act to provide for the designation of the Flower Garden 

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1 Banks National Marine Sanctuary’’ (Public Law 102– 

2 251; 106 Stat. 66) is repealed. 

3 SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM, GEN4 ERALLY. 

5 (a) PROGRAM ELEMENTS.—Section 204(b) (33 

6 U.S.C. 1123(b)) is amended— 

7 (1) by amending in paragraph (1) to read as 

8 follows: 

9 ‘‘(1) sea grant programs that comprise a na10 tional sea grant college program network, including 

11 international projects conducted within such pro12 grams and regional and national projects conducted 

13 among such programs;’’; 

14 (2) by amending paragraph (2) to read as fol15 lows: 

16 ‘‘(2) administration of the national sea grant 

17 college program and this title by the national sea 

18 grant office and the Administration;’’; and 

19 (3) by amending paragraph (4) to read as fol20 lows: 

21 ‘‘(4) any regional or national strategic invest22 ments in fields relating to ocean, coastal, and Great 

23 Lakes resources developed in consultation with the 

24 board and with the approval of the sea grant col25 leges and the sea grant institutes.’’. 

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1 (b) TECHNICAL CORRECTION.—Section 204(c)(2) 

2 (33 U.S.C. 1123(c)(2)) is amended by striking ‘‘Within 

3 6 months of the date of enactment of the National Sea 

4 Grant College Program Reauthorization Act of 1998, the’’ 

5 and inserting ‘‘The’’. 

6 (c) FUNCTIONS OF DIRECTOR OF NATIONAL SEA

7 GRANT COLLEGE PROGRAM.—Section 204(d) (33 U.S.C. 

8 1123(d)) is amended— 

9 (1) in paragraph (2)(A), by striking ‘‘long10 range’’; 

11 (2) in paragraph (3)(A)— 

12 (A) by striking ‘‘(A)(i) evaluate’’ and in13 serting ‘‘(A) evaluate and assess’’; 

14 (B) by striking ‘‘activities; and’’ and in15 serting ‘‘activities;’’; and 

16 (C) by striking clause (ii); and 

17 (3) in paragraph (3)(B)— 

18 (A) by redesignating clauses (ii) through 

19 (iv) as clauses (iv) through (vi), respectively, 

20 and by inserting after clause (i) the following: 

21 ‘‘(ii) encourage collaborations among 

22 sea grant colleges and sea grant institutes 

23 to address regional and national priorities 

24 established under subsection (c)(1); 

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1 ‘‘(iii) encourage cooperation with Mi2 nority Serving Institutions— 

3 ‘‘(I) to enhance collaborative re4 search opportunities for faculty and 

5 students in the areas of atmospheric, 

6 oceanic, and environmental sciences, 

7 and remote sensing; 

8 ‘‘(II) to improve opportunities 

9 for, and retention of, students and 

10 faculty from Minority Serving Institu11 tions in the NOAA related sciences; 

12 and 

13 ‘‘(III) to increase the number of 

14 such students graduating in NOAA 

15 science areas;’’; and 

16 (B) in clause (iv) (as so redesignated) by 

17 striking ‘‘encourage’’ and inserting ‘‘ensuring’’. 

18 SEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS. 

19 (a) EXEMPTION FROM LIMITATION ON COST

20 SHARE.—Section 205(a) (33 U.S.C. 1124(a)) is amended 

21 in the matter following paragraph (2), by inserting ‘‘or 

22 that are appropriated under section 208(b)’’ before the pe23 riod at the end. 

24 (b) SPECIAL GRANTS; MAXIMUM AMOUNT.—Section 

25 205(b) (33 U.S.C. 1124(b)) is amended by striking the 

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1 matter following paragraph (3) and inserting the fol2 lowing: 

3 ‘‘The total amount that may be provided for grants under 

4 this subsection during any fiscal year shall not exceed an 

5 amount equal to 5 percent of the total funds appropriated 

6 for such year under section 212.’’. 

7 SEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES 

8 AND SEA GRANT INSTITUTES. 

9 Section 207(a) (33 U.S.C. 1126(a)) is amended in 

10 each of paragraphs (2)(B) and (3)(B) by striking ‘‘advi11 sory services’’ and inserting ‘‘extension services’’. 

12 SEC. 8. FELLOWSHIPS. 

13 (a) RESTRICTION ON USE OF FUNDS AVAILABLE

14 FOR FELLOWSHIPS.—Section 208 (33 U.S.C. 1127) is 

15 amended by adding at the end the following: 

16 ‘‘(c) RESTRICTION ON USE OF FUNDS.—Amounts 

17 available for fellowships under this section, including 

18 amounts accepted under section 204(c)(4)(F) or appro19 priated under section 212 to implement this section, shall 

20 be used only for award of such fellowships and administra21 tive costs of implementing this section.’’. 

22 (b) TECHNICAL CORRECTION.—Section 208(a) (33 

23 U.S.C. 1127(a)) is amended by striking ‘‘Not later than 

24 1 year after the date of the enactment of the National 

25 Sea Grant College Program Act Amendments of 2002, 

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1 and every 2 years thereafter,’’ and inserting ‘‘Every 2 

2 years,’’. 

3 SEC. 9. NATIONAL SEA GRANT ADVISORY BOARD. 

4 (a) REDESIGNATION OF SEA GRANT REVIEW PANEL

5 AS BOARD.— 

6 (1) REDESIGNATION.—The sea grant review 

7 panel established by section 209 of the National Sea 

8 Grant College Program Act (33 U.S.C. 1128), as in 

9 effect before the date of the enactment of this Act, 

10 is redesignated as the National Sea Grant Advisory 

11 Board. 

12 (2) MEMBERSHIP NOT AFFECTED.—An indi13 vidual serving as a member of the sea grant review 

14 panel immediately before the enactment of this Act 

15 may continue to serve as a member of the National 

16 Sea Grant Advisory Board until the expiration of 

17 such member’s term under section 209(c) of such 

18 Act (33 U.S.C. 1128(c). 

19 (3) REFERENCES.—Any reference in a law, 

20 map, regulation, document, paper, or other record of 

21 the United States to such sea grant review panel is 

22 deemed to be a reference to the National Sea Grant 

23 Advisory Board. 

24 (4) CONFORMING AMENDMENTS.— 

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1 (A) IN GENERAL.—Section 209 (33 U.S.C. 

2 1128) is amended by striking so much as pre3 cedes subsection (b) and inserting the following: 

4 ‘‘SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD. 

5 ‘‘(a) ESTABLISHMENT.—There shall be an inde6 pendent committee to be known as the National Sea Grant 

7 Advisory Board.’’. 

8 (B) DEFINITION.—Section 203(9) (33 

9 U.S.C. 1122(9)) is amended to read as follows: 

10 ‘‘(9) The term ‘Board’ means the National Sea 

11 Grant Advisory Board established under section 

12 209.’’; 

13 (C) OTHER PROVISIONS.—The following 

14 provisions are each amended by striking 

15 ‘‘panel’’ each place it appears and inserting 

16 ‘‘Board’’: 

17 (i) Section 204 (33 U.S.C. 1123). 

18 (ii) Section 207 (33 U.S.C. 1126). 

19 (iii) Section 209 (33 U.S.C. 1128). 

20 (b) DUTIES.—Section 209(b) (33 U.S.C. 1128(b)) is 

21 amended to read as follows: 

22 ‘‘(b) DUTIES.— 

23 ‘‘(1) IN GENERAL.—The Board shall advise the 

24 Secretary and the Director concerning— 

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1 ‘‘(A) strategies for utilizing the sea grant 

2 college program to address the Nation’s highest 

3 priorities regarding the understanding, assess4 ment, development, utilization, and conservation 

5 of ocean, coastal, and Great Lakes resources; 

6 ‘‘(B) the designation of sea grant colleges 

7 and sea grant institutes; and 

8 ‘‘(C) such other matters as the Secretary 

9 refers to the Board for review and advice. 

10 ‘‘(2) BIENNIAL REPORT.—The Board shall re11 port to the Congress every two years on the state of 

12 the national sea grant college program. The Board 

13 shall indicate in each such report the progress made 

14 toward meeting the priorities identified in the stra15 tegic plan in effect under section 204(c). The Sec16 retary shall make available to the Board such infor17 mation, personnel, and administrative services and 

18 assistance as it may reasonably require to carry out 

19 its duties under this title.’’. 

20 (c) EXTENSION OF TERM.—Section 209(c)(2) (33 

21 U.S.C. 1128(c)(2)) is amended by striking the second sen22 tence and inserting the following: ‘‘The Director may ex23 tend the term of office of a voting member of the Board 

24 once by up to 1 year.’’. 

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1 (d) ESTABLISHMENT OF SUBCOMMITTEES.—Section 

2 204(c) (33 U.S.C. 1123(c)) is amended by adding at the 

3 end the following: 

4 ‘‘(8) The Board may establish such subcommittees as 

5 are reasonably necessary to carry out its duties under sub6 section (b). Such subcommittees may include individuals 

7 who are not Board members.’’. 

8 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) AUTHORIZATION.—Section 212(a) (33 U.S.C. 

10 1131(a)) is amended to read as follows: 

11 ‘‘(a) AUTHORIZATION.—There are authorized to be 

12 appropriated to the Secretary to carry out this title— 

13 ‘‘(1) $66,000,000 for fiscal year 2009; 

14 ‘‘(2) $72,800,000 for fiscal year 2010; 

15 ‘‘(3) $79,600,000 for fiscal year 2011; 

16 ‘‘(4) $86,400,000 for fiscal year 2012; 

17 ‘‘(5) $93,200,000 for fiscal year 2013; and 

18 ‘‘(6) $100,000,000 for fiscal year 2014.’’. 

19 (b) REPEAL OF DISTRIBUTION REQUIREMENT.—Sec20 tion 212 (33 U.S.C. 1131) is amended by striking submstockstill on PROD1PC66 with BILLS

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1 section (c), and by redesignating subsections (d) and (e) 

2 as subsections (c) and (d), respectively. 

Passed the House of Representatives July 14, 2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 

By ROBERT F. REEVES, 

Deputy Clerk. 

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