33 U.S.C. § 1128 — National Sea Grant Advisory Board

Page 339 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1128 § 1128. National Sea Grant Advisory Board (a) Establishment There shall be an independent committee to be known as the National Sea Grant Advisory Board. (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 under- standing, assessment, development, manage- ment, 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 re- fers to the Board for review and advice. (2) Periodic report The Board shall report to Congress at least once every four years on the state of the na- tional sea grant college program and shall no- tify Congress of any significant changes to the state of the program not later than two years after the submission of such a report. The Board shall indicate in each such report the progress made toward meeting the priorities identified in the strategic plan in effect under section 1123(c) of this title and provide a sum- mary of research conducted under the pro- gram. (3) Availability of resources of Department of Commerce The Secretary shall make available to the Board such information, personnel, and ad- ministrative services and assistance as it may reasonably require to carry out its duties under this subchapter. (c) Membership, terms, and powers (1) The Board shall consist of 15 voting mem- bers who shall be appointed by the Secretary. The Director and a director of a sea grant pro- gram who is elected by the various directors of sea grant programs shall serve as nonvoting members of the Board. Not less than 8 of the voting members of the Board shall be individ- uals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields included in marine science. The other voting members shall be indi- viduals who, by reason of knowledge, experience, or training, are especially qualified in, or rep- resentative of, education, marine affairs and re- source management, coastal management, ex- tension services, State government, industry, economics, planning, or any other activity which is appropriate to, and important for, any effort to enhance the understanding, assess- ment, development, management, utilization, or conservation of ocean, coastal, and Great Lakes resources. No individual is eligible to be a vot- ing member of the Board if the individual is (A) the director of a sea grant college or sea grant institute; (B) an applicant for, or beneficiary (as determined by the Secretary) of, any grant or contract under section 1124 of this title; or (C) a full-time officer or employee of the United States. (2) The term of office of a voting member of the Board shall be 3 years for a member ap- pointed before November 26, 2002, and 4 years for a member appointed or reappointed after No- vember 26, 2002. The Director may extend the term of office of a voting member of the Board appointed before November 26, 2002, by up to 1 year. At least once each year, the Secretary shall publish a notice in the Federal Register so- liciting nominations for membership on the Board. (3) Any individual appointed to a partial or full term may be reappointed for one additional full term. The Director may extend the term of office of a voting member of the Board once by up to 1 year. (4) The Board shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman. (5) Voting members of the Board shall— (A) receive compensation at a rate estab- lished by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5, when actually engaged in the performance of duties for such Board; and (B) be reimbursed for actual and reasonable expenses incurred in the performance of such duties. (6) The Board shall meet on a biannual basis and, at any other time, at the call of the Chair- man or upon the request of a majority of the voting members or of the Director. (7) The Board may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b). (8) The Board may establish such subcommit- tees as are reasonably necessary to carry out its duties under subsection (b). Such subcommittees may include individuals who are not Board members. (Pub. L. 89–454, title II, § 209, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1967; amended Pub. L. 96–289, § 1(5), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, §§ 3104(b)(1)(F), 3108, Dec. 29, 1987, 101 Stat. 1471, 1473; Pub. L. 102–186, §§ 4(b)(1)(E), (F), 5(b)(2), Dec. 4, 1991, 105 Stat. 1283, 1284; Pub. L. 105–160, §§ 4(b)(1), 8, Mar. 6, 1998, 112 Stat. 22, 25; Pub. L. 107–299, § 6, Nov. 26, 2002, 116 Stat. 2346; Pub. L. 110–394, § 9(a)(4)(A), (C)(iii)–(e), Oct. 13, 2008, 122 Stat. 4208; Pub. L. 116–221, §§ 5, 11(2), Dec. 18, 2020, 134 Stat. 1058, 1061.) Editorial Notes AMENDMENTS 2020—Subsec. (b)(2). Pub. L. 116–221, § 5, substituted ‘‘Periodic’’ for ‘‘Biennial’’ in heading, substituted ‘‘The Board shall report to Congress at least once every four years on the state of the national sea grant college pro- gram and shall notify Congress of any significant changes to the state of the program not later than two years after the submission of such a report.’’ for ‘‘The Board shall report to the Congress every two years on the state of the national sea grant college program.’’ in first sentence, and inserted ‘‘and provide a summary of research conducted under the program’’ after ‘‘section Page 340 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1129 1123(c) of this title’’ in second sentence. Former third sentence redesignated subsec. (b)(3). Subsec. (b)(3). Pub. L. 116–221, § 11(2), designated third sentence of subsec. (b)(2) as par. (3) and inserted head- ing. 2008—Pub. L. 110–394, § 9(a)(4)(A), substituted ‘‘Na- tional Sea Grant Advisory Board’’ for ‘‘Sea grant re- view panel’’ in section catchline. Subsec. (a). Pub. L. 110–394, § 9(a)(4)(A), added subsec. (a) and struck out former subsec. (a). Prior to amend- ment, text read as follows: ‘‘There shall be established an independent committee to be known as the sea grant review panel.’’ Subsec. (b). Pub. L. 110–394, § 9(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to duties of sea grant review panel. Subsec. (c). Pub. L. 110–394, § 9(a)(4)(C)(iii), sub- stituted ‘‘Board’’ for ‘‘panel’’ wherever appearing. Subsec. (c)(1). Pub. L. 110–394, § 9(c), inserted ‘‘coastal management,’’ after ‘‘resource management,’’ and ‘‘management,’’ after ‘‘development,’’. Subsec. (c)(3). Pub. L. 110–394, § 9(d), substituted ‘‘The Director may extend the term of office of a voting member of the Board once by up to 1 year.’’ for ‘‘A vot- ing member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office.’’ Subsec. (c)(8). Pub. L. 110–394, § 9(e), added par. (8). 2002—Subsec. (c)(2). Pub. L. 107–299 inserted first and second sentences and struck out former first sentence which read as follows: ‘‘The term of office of a voting member of the panel shall be 3 years, except that of the original appointees, five shall be appointed for a term of 1 year, five shall be appointed for a term of 2 years, and five shall be appointed for a term of 3 years.’’ 1998—Subsec. (a). Pub. L. 105–160, § 8(a), struck out at end ‘‘The panel shall, on the 60th day after October 8, 1976, supersede the sea grant advisory panel in exist- ence before October 8, 1976.’’ Subsec. (b). Pub. L. 105–160, §§ 4(b)(1), 8(b)(1), inserted heading and in introductory provisions substituted ‘‘The panel’’ for ‘‘The Panel’’ and struck out ‘‘, the Under Secretary,’’ after ‘‘the Secretary’’. Subsec. (b)(1). Pub. L. 105–160, § 8(b)(2), struck out ‘‘and section 1124a of this title’’ before semicolon at end. Subsec. (b)(3). Pub. L. 105–160, § 8(b)(3), substituted ‘‘institutes’’ for ‘‘regional consortia’’. Subsec. (c)(1)(A). Pub. L. 105–160, § 8(c)(1), substituted ‘‘college or sea grant institute’’ for ‘‘college, sea grant regional consortium, or sea grant program’’. Subsec. (c)(5)(A). Pub. L. 105–160, § 8(c)(2), added sub- par. (A) and struck out former subpar. (A) which read as follows: ‘‘receive compensation at the daily rate for GS–18 of the General Schedule under section 5332 of title 5 when actually engaged in the performance of du- ties for such panel; and’’. 1991—Subsec. (b)(1). Pub. L. 102–186, § 4(b)(1)(E), sub- stituted ‘‘section 1124’’ for ‘‘sections 1124 and 1125’’. Subsec. (c)(1). Pub. L. 102–186, §§ 4(b)(1)(F), 5(b)(2), in- serted ‘‘marine affairs and resource management,’’ after ‘‘education,’’ in fourth sentence and struck out ‘‘or 1125’’ after ‘‘1124’’ in last sentence. 1987—Subsec. (b). Pub. L. 100–220, § 3108(1), in introduc- tory provisions, substituted ‘‘The Panel shall advise the Secretary, the Under Secretary, and the Director concerning—’’ for ‘‘The panel shall take such steps as may be necessary to review, and shall advise the Sec- retary, the Administrator, and the Director with re- spect to—’’, and in par. (1), inserted ‘‘and section 1124a of this title’’. Subsec. (c)(1). Pub. L. 100–220, §§ 3104(b)(1)(F), 3108(2)(A), (B), amended second sentence generally, sub- stituted ‘‘8’’ for ‘‘five’’ in third sentence, and sub- stituted ‘‘ocean, coastal, and Great Lakes resources’’ for ‘‘ocean and coastal resources’’ in fourth sentence. Prior to amendment, second sentence read as follows: ‘‘The Director shall serve as a nonvoting member of the panel.’’ Subsec. (c)(2). Pub. L. 100–220, § 3108(2)(C), inserted at end ‘‘At least once each year, the Secretary shall pub- lish a notice in the Federal Register soliciting nomina- tions for membership on the panel.’’ Subsec. (c)(3). Pub. L. 100–220, § 3108(2)(D), struck out ‘‘, or until 90 days after such date, whichever is ear- lier’’ after ‘‘office’’ at end of second sentence. 1980—Subsec. (c)(3). Pub. L. 96–289 substituted author- ization for reappointment for one additional full term of an appointee to a partial or full term for prior au- thorization for filling vacancies for remainder of ap- pointee’s term and prohibition against status as a vot- ing member after service of one full term as such vot- ing member. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 110–394, § 9(a)(1)–(3), Oct. 13, 2008, 122 Stat. 4207, provided that: ‘‘(1) REDESIGNATION.—The sea grant review panel es- tablished by section 209 of the National Sea Grant Col- lege Program Act (33 U.S.C. 1128), as in effect before the date of the enactment of this Act [Oct. 13, 2008], is re- designated as the National Sea Grant Advisory Board. ‘‘(2) MEMBERSHIP NOT AFFECTED.—An individual serv- ing as a member of the sea grant review panel imme- diately 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, regu- lation, 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.’’ § 1129. Interagency cooperation Each department, agency, or other instrumen- tality of the Federal Government which is en- gaged in or concerned with, or which has author- ity over, matters relating to ocean, coastal, and Great Lakes resources— (1) may, upon a written request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and without prejudice to their posi- tion and rating), service, or facility which the Secretary deems necessary to carry out any provision of this subchapter; (2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems nec- essary to carry out any provision of this sub- chapter; and (3) shall cooperate with the Administration and duly authorized officials thereof. (Pub. L. 89–454, title II, § 210, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 100–220, title III, § 3104(b)(1)(G), Dec. 29, 1987, 101 Stat. 1471.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–220 substituted ‘‘ocean, coastal, and Great Lakes resources’’ for ‘‘ocean and coastal re- sources’’ in introductory provisions. § 1130. Repealed. Pub. L. 102–186, § 5(a), Dec. 4, 1991, 105 Stat. 1283 Section, Pub. L. 89–454, title II, § 211, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 95–428, §§ 2(b), 3(4), Oct. 7, 1978, 92 Stat. 999; Pub. L. 100–220, title III, § 3109, Dec. 29, 1987, 101 Stat. 1473, au- thorized grants for graduate programs in marine affairs