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H.R. 5618 (110th): National Sea Grant College Program Amendments Act of 2008

The text of the bill below is as of Jul 11, 2008 (Reported by House Committee).


IV

Union Calendar No. 481

110th CONGRESS

2d Session

H. R. 5618

[Report No. 110–701, Parts I and II]

IN THE HOUSE OF REPRESENTATIVES

March 13, 2008

(for herself, Mr. Faleomavaega, Mr. Saxton, Mr. Abercrombie, Mr. Gilchrest, and Mr. Farr) introduced the following bill; which was referred to the Committee on Natural Resources

June 9, 2008

Reported with an amendment

Strike out all after the enacting clause and insert the part printed in italic

June 9, 2008

Referred to the Committee on Science and Technology for a period ending not later than July 11, 2008, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(o), rule X

July 11, 2008

Additional sponsors: Mr. Brown of South Carolina, Mr. Allen, Mr. Pallone, Mr. Inslee, and Mrs. Capps

July 11, 2008

Reported from the Committee on Science and Technology with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in boldface roman

For text of introduced bill, see copy of bill as introduced on March 13, 2008

A BILL

To reauthorize and amend the National Sea Grant College Program Act, and for other purposes.

1.

Short title

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

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.).

3.

Findings and purpose

(a)

Findings

Section 202(a) (33 U.S.C. 1121(a)) is amended—

(1)

by amending paragraph (1)(D) to read as follows:

(D)

encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards;

;

(2)

in paragraph (2) by striking program of research, education, and inserting program of integrated research, education, extension, ; and

(3)

by striking paragraph (6) and inserting the following:

(6)

The National Ocean Research Priorities Plan and Implementation Strategy issued by the National Science and Technology Council’s Joint Subcommittee on Ocean Science and Technology on January 26, 2007, identifies research priorities for compelling areas of interaction between society and the ocean, and calls for the engagement of a broad array of ocean science sectors (government, academia, industry, and non-government entities) to address the areas of greatest research need and opportunity.

(7)

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, utilization, and conservation. 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.

.

(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 activities.

4.

Definitions

(a)

Amendments

Section 203 (33 U.S.C. 1122) is amended—

(1)

in paragraph (11) by striking advisory services and inserting extension services;

(2)

in each of paragraphs (12) and (13) by striking (33 U.S.C. 1126); and

(3)

by adding at the end the following:

(17)

The term regional research and information plan means a plan developed by one or more sea grant colleges or sea grant institutes that identifies regional priorities to implement the National Ocean Research Priorities Plan and Implementation Strategy.

(18)

The term National Ocean Research Priorities Plan and Implementation Strategy means such plan and strategy issued by the National Science and Technology Council’s Joint Subcommittee on Ocean Science and Technology on January 26, 2007.

.

(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.

5.

National sea grant college program, generally

(a)

Program elements

Section 204(b) (33 U.S.C. 1123(b)) is amended—

(1)

by amending in 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);

; and

(B)

in clause (iii) (as so redesignated) by striking encourage and inserting ensuring.

6.

Program or project grants and contracts

(a)

Exemption from limitation on cost share

Section 205(a) (33 U.S.C. 1124(a)) is amended in the matter following paragraph (2), by inserting or that are appropriated under section 208(b) before the period at the end.

(b)

Special grants; maximum amount

Section 205(b) (33 U.S.C. 1124(b)) is amended by striking the matter following paragraph (3) 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.

.

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.

8.

Technical correction relating to fellowships

Section 208(a) (33 U.S.C. 1127(a)) is amended 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, and inserting Every 2 years,.

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 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 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:

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, 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)

Extension of term

Section 209(c)(2) (33 U.S.C. 1128(c)(2)) 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..

(d)

Establishment of subcommittees

Section 204(c) (33 U.S.C. 1123(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.

.

10.

Authorization of appropriations

(a)

Authorization

Section 212(a) (33 U.S.C. 1131(a)) is amended to read as follows:

(a)

Authorization

There are authorized to be appropriated to the Secretary to carry out this title—

(1)

$66,000,000 for fiscal year 2009;

(2)

$72,800,000 for fiscal year 2010;

(3)

$79,600,000 for fiscal year 2011;

(4)

$86,400,000 for fiscal year 2012;

(5)

$93,200,000 for fiscal year 2013; and

(6)

$100,000,000 for fiscal year 2014.

.

(b)

Repeal of distribution requirement

Section 212 (33 U.S.C. 1131) is amended by striking subsection (c), and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

1.

Short title

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

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.).

3.

Findings and purpose

(a)

Findings

Section 202(a) (33 U.S.C. 1121(a)) is amended—

(1)

by amending paragraph (1)(D) to read as follows:

(D)

encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards;

;

(2)

in paragraph (2) by striking program of research, education, and inserting program of integrated research, education, extension, ; and

(3)

by striking paragraph (6) and inserting the following:

(6)

The National Ocean Research Priorities Plan and Implementation Strategy issued by the National Science and Technology Council’s Joint Subcommittee on Ocean Science and Technology on January 26, 2007, identifies research priorities for compelling areas of interaction between society and the ocean, and calls for the engagement of a broad array of ocean science sectors (government, academia, industry, and non-government entities) to address the areas of greatest research need and opportunity.

(7)

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, utilization, and conservation. 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.

.

(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 activities.

4.

Definitions

(a)

Amendments

Section 203 (33 U.S.C. 1122) is amended—

(1)

in paragraph (11) by striking advisory services and inserting extension services;

(2)

in each of paragraphs (12) and (13) by striking (33 U.S.C. 1126); and

(3)

by adding at the end the following:

(17)

The term regional research and information plan means a plan developed by one or more sea grant colleges or sea grant institutes that identifies regional priorities to implement the National Ocean Research Priorities Plan and Implementation Strategy.

(18)

The term National Ocean Research Priorities Plan and Implementation Strategy means such plan and strategy issued by the National Science and Technology Council’s Joint Subcommittee on Ocean Science and Technology on January 26, 2007.

.

(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.

5.

National sea grant college program, generally

(a)

Program elements

Section 204(b) (33 U.S.C. 1123(b)) is amended—

(1)

by amending in 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;

;

(3)

in paragraph (3), by striking and;

(4)

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; and

; and

(5)

by adding at the end the following new paragraph:

(5)

methods for the national sea grant college program to explore the environmental and scientific considerations, including providing scientifically sound data, relative to the production of ocean and coastal offshore petroleum, natural gas, geothermal, wind, and ocean thermal energy resources, including the siting of energy related facilities in the coastal zone.

.

(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 (iv) through (vi), 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);

(iii)

encourage cooperation with Minority Serving Institutions—

(I)

to enhance collaborative research opportunities for faculty and students in the areas of atmospheric, oceanic, and environmental sciences, and remote sensing;

(II)

to improve opportunities for, and retention of, students and faculty from Minority Serving Institutions in the NOAA related sciences; and

(III)

to increase the number of such students graduating in NOAA science areas;

; and

(B)

in clause (iv) (as so redesignated) by striking encourage and inserting ensuring.

6.

Program or project grants and contracts

(a)

Exemption from limitation on cost share

Section 205(a) (33 U.S.C. 1124(a)) is amended in the matter following paragraph (2), by inserting or that are appropriated under section 208(b) before the period at the end.

(b)

Special grants; maximum amount

Section 205(b) (33 U.S.C. 1124(b)) is amended by striking the matter following paragraph (3) 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.

.

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.

8.

Technical correction relating to fellowships

Section 208(a) (33 U.S.C. 1127(a)) is amended 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, and inserting Every 2 years,.

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 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 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:

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, 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)

Extension of term

Section 209(c)(2) (33 U.S.C. 1128(c)(2)) 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..

(d)

Establishment of subcommittees

Section 204(c) (33 U.S.C. 1123(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.

.

10.

Authorization of appropriations

(a)

Authorization

Section 212(a) (33 U.S.C. 1131(a)) is amended to read as follows:

(a)

Authorization

There are authorized to be appropriated to the Secretary to carry out this title—

(1)

$66,000,000 for fiscal year 2009;

(2)

$72,800,000 for fiscal year 2010;

(3)

$79,600,000 for fiscal year 2011;

(4)

$86,400,000 for fiscal year 2012;

(5)

$93,200,000 for fiscal year 2013; and

(6)

$100,000,000 for fiscal year 2014.

.

(b)

Repeal of distribution requirement

Section 212 (33 U.S.C. 1131) is amended by striking subsection (c), and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

July 11, 2008

Reported from the Committee on Science and Technology with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed