[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 910 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                 S. 910

_______________________________________________________________________

                                 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 2020''.

SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

    Except as otherwise expressly provided, wherever 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. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP.

    (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by 
striking ``may'' and inserting ``shall''.
    (b) Placements in Congress.--Such section is further amended--
            (1) in the first sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(1) In general.--The Secretary''; and
            (2) in paragraph (1), as designated by paragraph (1), in 
        the second sentence, by striking ``A fellowship'' and inserting 
        the following:
            ``(2) Placement priorities.--
                    ``(A) In general.--In each year in which the 
                Secretary awards a legislative fellowship under this 
                subsection, when considering the placement of fellows, 
                the Secretary shall prioritize placement of fellows in 
                the following:
                            ``(i) Positions in offices of, or with 
                        Members on, committees of Congress that have 
                        jurisdiction over the National Oceanic and 
                        Atmospheric Administration.
                            ``(ii) Positions in offices of Members of 
                        Congress that have a demonstrated interest in 
                        ocean, coastal, or Great Lakes resources.
                    ``(B) Equitable distribution.--In placing fellows 
                in offices described in subparagraph (A), the Secretary 
                shall ensure that placements are equitably distributed 
                among the political parties.
            ``(3) Duration.--A fellowship''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the first calendar year beginning after the date 
of the enactment of this Act.
    (d) Sense of Congress Concerning Federal Hiring of Former 
Fellows.--It is the sense of Congress that in recognition of the 
competitive nature of the fellowship under section 208(b) of the 
National Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the 
exceptional qualifications of fellowship awardees, the Secretary of 
Commerce, acting through the Under Secretary of Commerce for Oceans and 
Atmosphere, should encourage participating Federal agencies to consider 
opportunities for fellowship awardees at the conclusion of their 
fellowships for workforce positions appropriate for their education and 
experience.

SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT 
              DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM.

    (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is 
amended to read as follows:
                    ``(E) accept donations of money and, 
                notwithstanding section 1342 of title 31, United States 
                Code, of voluntary and uncompensated services;''.
    (b) Priorities.--The Secretary of Commerce, acting through the 
Under Secretary of Commerce for Oceans and Atmosphere, shall establish 
priorities for the use of donations accepted under section 204(c)(4)(E) 
of the National Sea Grant College Program Act (33 U.S.C. 
1123(c)(4)(E)), and shall consider among those priorities the 
possibility of expanding the Dean John A. Knauss Marine Policy 
Fellowship's placement of additional fellows in relevant legislative 
offices under section 208(b) of that Act (33 U.S.C. 1127(b)), in 
accordance with the recommendations under subsection (c) of this 
section.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the National Sea Grant College 
Program, in consultation with the National Sea Grant Advisory Board and 
the Sea Grant Association, shall--
            (1) develop recommendations for the optimal use of any 
        donations accepted under section 204(c)(4)(E) of the National 
        Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and
            (2) submit to Congress a report on the recommendations 
        developed under paragraph (1).
    (d) Construction.--Nothing in this section shall be construed to 
limit or otherwise affect any other amounts available for marine policy 
fellowships under section 208(b) of the National Sea Grant College 
Program Act (33 U.S.C. 1127(b)), including amounts--
            (1) accepted under section 204(c)(4)(F) of that Act (33 
        U.S.C. 1123(c)(4)(F)); or
            (2) appropriated pursuant to the authorization of 
        appropriations under section 212 of that Act (33 U.S.C. 1131).

SEC. 5. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT ADVISORY 
              BOARD REPORT.

    Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--
            (1) in the paragraph heading, by striking ``Biennial'' and 
        inserting ``Periodic'';
            (2) by striking the first sentence and inserting the 
        following: ``The Board shall report to Congress at least once 
        every four years on the state of the national sea grant college 
        program 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.''; and
            (3) in the second sentence, by adding before the end period 
        the following: ``and provide a summary of research conducted 
        under the program''.

SEC. 6. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE PROGRAM.

    Section 204(b) (33 U.S.C. 1123(b)) is amended, in the matter 
preceding paragraph (1), by inserting ``for research, education, 
extension, training, technology transfer, and public service'' after 
``financial assistance''.

SEC. 7. DESIGNATION OF NEW NATIONAL SEA GRANT COLLEGES AND SEA GRANT 
              INSTITUTES.

    Section 207(b) (33 U.S.C. 1126(b)) is amended--
            (1) in the subsection heading, by striking ``Existing 
        Designees'' and inserting ``Additional Designations''; and
            (2) by striking ``Any institution'' and inserting the 
        following:
            ``(1) Notification to congress of designations.--
                    ``(A) In general.--Not less than 30 days before 
                designating an institution, or an association or 
                alliance of two or more such institutions, as a sea 
                grant college or sea grant institute under subsection 
                (a), the Secretary shall notify Congress in writing of 
                the proposed designation. The notification shall 
                include an evaluation and justification for the 
                designation.
                    ``(B) Effect of joint resolution of disapproval.--
                The Secretary may not designate an institution, or an 
                association or alliance of two or more such 
                institutions, as a sea grant college or sea grant 
                institute under subsection (a) if, before the end of 
                the 30-day period described in subparagraph (A), a 
                joint resolution disapproving the designation is 
                enacted.
            ``(2) Existing designees.--Any institution''.

SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE POLICY 
              FELLOWSHIP.

    (a) In General.--During fiscal year 2019 and any fiscal year 
thereafter, the head of any Federal agency may appoint, without regard 
to the provisions of subchapter I of chapter 33 of title 5, United 
States Code, other than sections 3303 and 3328 of that title, a 
qualified candidate described in subsection (b) directly to a position 
with the Federal agency for which the candidate meets Office of 
Personnel Management qualification standards.
    (b) Dean John A. Knauss Marine Policy Fellowship.--Subsection (a) 
applies with respect to a former recipient of a Dean John A. Knauss 
Marine Policy Fellowship under section 208(b) of the National Sea Grant 
College Program Act (33 U.S.C. 1127(b)) who--
            (1) earned a graduate or post-graduate degree in a field 
        related to ocean, coastal, and Great Lakes resources or policy 
        from an accredited institution of higher education; and
            (2) successfully fulfilled the requirements of the 
        fellowship within the executive or legislative branch of the 
        United States Government.
    (c) Limitation.--The direct hire authority under this section shall 
be exercised with respect to a specific qualified candidate not later 
than 2 years after the date that the candidate completed the fellowship 
described in subsection (b).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT COLLEGE 
              PROGRAM.

    (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary to carry out this title--
                    ``(A) $87,520,000 for fiscal year 2020;
                    ``(B) $91,900,000 for fiscal year 2021;
                    ``(C) $96,500,000 for fiscal year 2022;
                    ``(D) $101,325,000 for fiscal year 2023; and
                    ``(E) $105,700,000 for fiscal year 2024.''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Priority activities for fiscal years 2020 through 
        2024.--In addition to the amounts authorized to be appropriated 
        under paragraph (1), there are authorized to be appropriated 
        $6,000,000 for each of fiscal years 2020 through 2024 for 
        competitive grants for the following:
                    ``(A) University research on the biology, 
                prevention, and control of aquatic nonnative species.
                    ``(B) University research on oyster diseases, 
                oyster restoration, and oyster-related human health 
                risks.
                    ``(C) University research on the biology, 
                prevention, and forecasting of harmful algal blooms.
                    ``(D) University research, education, training, and 
                extension services and activities focused on coastal 
                resilience and United States working waterfronts and 
                other regional or national priority issues identified 
                in the strategic plan under section 204(c)(1).
                    ``(E) University research and extension on 
                sustainable aquaculture techniques and technologies.
                    ``(F) Fishery research and extension activities 
                conducted by sea grant colleges or sea grant institutes 
                to enhance, and not supplant, existing core program 
                funding.''.
    (b) Modification of Limitations on Amounts for Administration.--
Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read 
as follows:
            ``(1) Administration.--
                    ``(A) In general.--There may not be used for 
                administration of programs under this title in a fiscal 
                year more than 5.5 percent of the lesser of--
                            ``(i) the amount authorized to be 
                        appropriated under this title for the fiscal 
                        year; or
                            ``(ii) the amount appropriated under this 
                        title for the fiscal year.
                    ``(B) Critical staffing requirements.--
                            ``(i) In general.--The Director shall use 
                        the authority under subchapter VI of chapter 33 
                        of title 5, United States Code, and under 
                        section 210 of this title, to meet any critical 
                        staffing requirement while carrying out the 
                        activities authorized under this title.
                            ``(ii) Exception from cap.--For purposes of 
                        subparagraph (A), any costs incurred as a 
                        result of an exercise of authority as described 
                        in clause (i) shall not be considered an amount 
                        used for administration of programs under this 
                        title in a fiscal year.''.
    (c) Allocation of Funding.--
            (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) 
        is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``With respect to sea grant colleges and sea 
                grant institutes'' and inserting ``With respect to sea 
                grant colleges, sea grant institutes, sea grant 
                programs, and sea grant projects''; and
                    (B) in subparagraph (B), in the matter preceding 
                clause (i), by striking ``funding among sea grant 
                colleges and sea grant institutes'' and inserting 
                ``funding among sea grant colleges, sea grant 
                institutes, sea grant programs, and sea grant 
                projects''.
            (2) Repeal of requirements concerning distribution of 
        excess amounts.--Section 212 (33 U.S.C. 1131) is amended--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.

SEC. 10. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS AND 
              COASTAL RESEARCH ACTIVITIES.

    Section 9 of the National Sea Grant College Program Act Amendments 
of 2002 (33 U.S.C. 857-20) is repealed.

SEC. 11. TECHNICAL CORRECTIONS.

    The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) 
is amended--
            (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by 
        moving clause (vi) 2 ems to the right; and
            (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended 
        by section 5, in the third sentence, by striking ``The 
        Secretary shall'' and inserting the following:
            ``(3) Availability of resources of department of 
        commerce.--The Secretary shall''.

            Passed the Senate September 30 (legislative day, September 
      29), 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                 S. 910

_______________________________________________________________________

                                 AN ACT

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