[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9864-S9865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REAUTHORIZING AND AMENDING THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Commerce Committee be discharged from further consideration of H.R. 
5618, and the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 5618) to reauthorize and amend the National 
     Sea Grant College Program Act, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. WHITEHOUSE. Mr. President, I further ask unanimous consent that 
the substitute amendment, which is at the desk, be agreed to, the bill, 
as amended, be read a third time and passed, the motions to reconsider 
be laid upon the table, with no intervening action or debate, and that 
any statements relating to this measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5668) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

     Strike out all after the enacting clause and insert the 
         following:

     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.''.
       (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);'';
       (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

[[Page S9865]]

     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 
     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.''.

     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);''.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 5618), as amended, was read the third time, and 
passed.

                          ____________________